Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Careless Driving- Single car, no witness
Author Message
PostPosted: Thu Nov 15, 2012 11:02 am 
Offline
Newbie

Joined: Thu Nov 15, 2012 10:57 am
Posts: 2
Hey guys,
I’m looking for some guidance on how to approach my careless driving charge.

My wife picked up her car at the dealership. She decided to drive by herself in the new car & I followed her out of the dealership with my 6 year old son in the second car.
We drive on to North Service Road. My son’s playing with this big balloon (from the dealership) that he throws right in front of me. It blocks my view of the road completely. In my awkward position trying to push the balloon off to the side, I momentarily lose control of the vehicle and hit a sign post. I try to correct the vehicle back on to the road, but being a service road with no hard shoulder, my right wheel gets caught in the gravel, continues to move right and ends up in a ditch.
Speed during the whole episode was around 30-35kph, so we both made it ok with no injuries.

My wife who is about 50 feet ahead of me sees than I’ve vanished from her rear view mirror, stops turns around and finds me in the ditch. About 30 seconds later a couple of cars drive by and they call 911.
The police officer shows up a few minutes later, and I end up with a Careless Driving ticket. HTA Section 130. He also mentions that I should fight this ticket in court.

I show up at court, request a trial date and disclosure. Trial date is set for the end of November & I received disclosure. The Officer’s notes pretty much sum up what I have mentioned above since there are no witnesses.

My question is….since there are no witnesses, single car collision, should I take can chance and fight this in court? Or do I accept a plea bargain for a lesser charge?
I am a clean driven with no convictions or tickets in the last 12 years since I’ve been driving.

Any help or pointers would be much appreciated.

Thanks in advance


Top
 Profile  
 
Re: Careless Driving- Single car, no witness
PostPosted: Thu Nov 15, 2012 12:00 pm 
Offline
Newbie

Joined: Sun Nov 13, 2011 11:17 am
Posts: 17
If you explained all that to the officer as part of the investigation you are likely out of luck. Allowing a child to play with a helium balloon while you're the only adult passenger sounds has a somewhat expected outcome and would demonstrate "carelessness". Careless is a serious conviction to have on your record, I would speak with an agent soon for some assistance.


Top
 Profile  
 
Re: Careless Driving- Single car, no witness
PostPosted: Thu Nov 15, 2012 6:13 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Yeah I'd get a paralegal or a traffic lawyer involved. This has some pretty significant implications for not only your driving record, but also your insurance. There is a possibility that you could get the charge plea-bargained down to "leave roadway - not in safety," but I still would get professional help on this one.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Re: Careless Driving- Single car, no witness
PostPosted: Thu Nov 15, 2012 9:55 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I'd second speaking with a paralegal. There's case law surrounding momentary distractions and I'm not sure your son accidentally causing a distraction would mean you were driving without due care and attention.


Top
 Profile  
 
Re: Careless Driving- Single car, no witness
PostPosted: Fri Nov 16, 2012 9:35 am 
Offline
Newbie

Joined: Thu Nov 15, 2012 10:57 am
Posts: 2
Thanks for all the input guys. I might just talk to a paralegal and review my options.
Cheers!


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Careless Driving No witness, single vehicle collision

Ajnew

4

1875

Wed Mar 14, 2012 7:02 pm

Stanton View the latest post

There are no new unread posts for this topic. Single Car Accident = Careless driving?

alexandriaj

1

230

Mon Oct 09, 2017 4:41 pm

argyll View the latest post

There are no new unread posts for this topic. Careless Driving - Single Car Collision - No Witnesses

the5191

2

556

Tue Nov 22, 2016 3:24 pm

jsherk View the latest post

There are no new unread posts for this topic. Single Car Collision, No Witnesses = Careless?

Stunderthal

6

1231

Mon Mar 08, 2010 8:12 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Careless Driving - Statement from Another Witness

mkovasic

8

1488

Sun Jun 19, 2011 9:17 pm

mkovasic View the latest post

There are no new unread posts for this topic. witness in careless driving ticket

pcdunlop

1

888

Tue Mar 17, 2015 6:40 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Attachment(s) Careless Driving - Witness lives 700km away?

SockMuffin

13

761

Sat Nov 19, 2016 2:05 pm

argyll View the latest post

There are no new unread posts for this topic. Careless Driving & Witness Notice to Court

c1ph3r

5

1158

Fri Apr 22, 2016 7:07 pm

jsherk View the latest post

There are no new unread posts for this topic. Car #3 in a 5 car pileup - got hit with careless driving.

justadude

7

400

Mon Jan 30, 2017 11:20 am

bobajob View the latest post

There are no new unread posts for this topic. Slid into a car at intersection - Careless Driving.

[ Go to pageGo to page: 1, 2, 3 ]

Jerazo

32

2376

Wed Oct 28, 2009 9:54 am

hwybear View the latest post

There are no new unread posts for this topic. Careless Driving - Rear ended Another Car

confused1016

1

1185

Sun Nov 07, 2010 6:41 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Careless driving Charge. No other car involved

maryjohn

10

1256

Wed Nov 20, 2013 7:14 pm

C_B View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.