Careless Driving Summons for minor rear-ender in Guelph

UnluckyOne
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Careless Driving Summons for minor rear-ender in Guelph

by: UnluckyOne on
Thu Mar 12, 2015 8:39 pm

Hello All!
I was involved in a straightforward 'fender bender' in Guelph. I was approaching a T-intersection with a green light with 3 other cars in front of me and we were all intending to turn right. We were all slowing down to make the turn when for whatever reason, the car in front of me stopped and I hit him (after applying my brakes) and resulted in minor damage to my bumper with no damage to his. The other driver called the police and 3 cruisers showed up. One took the witness statement from him, the other took mine, and the other was a supervisor who just talked with the other 2 officers and then drove away. I was issued a Summons to appear for Careless Driving, which is dated for a couple weeks from now.
I was wondering does anyone on here have any experience with the court in Guelph for a similar charge and what type of plea offer they were offered for a similar situation? Also, does the prosecution take into account any prior convictions when offering a deal? I have a 4 demerit point driving over 49km/hr charge from about a year and a half ago that I didn't bother to fight at the time so I just paid it. Does the severity of this charge have any waiting when I show up for my Summons? Ideally, I would like to have a delay in paying any (hopefully!) reduced charge as my insurance renewal is coming up in a few months, and if can somehow get an extension past this date, I think I will be ok. My rationale is that by the time next year comes around, the original speeding ticket won't be on my record as far as the insurance is concerned, only this new one. Is the best way to do this by asking for a trial date and disclosure when I go in for my Summons in a couple weeks, or will they have expected me to already obtained a disclosure before I am to appear and am supposed to know how to proceed at that time?
I am hoping to do this by myself as I assume any professional help won't be able to accomplish any more than a reduced charge as well, seeing to the fact that I was clearly at fault in hitting the driver in front of me?
Any help would be greatly appreciated!
Thanks in advance!


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Radar Identified
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by: Radar Identified on
Fri Mar 13, 2015 3:33 am

If nothing else, you could plea-bargain to Follow Too Closely, or if you're a bit luckier the Prosecutor could very well agree to "Fail to Turn Left to Avoid Collision," which is even less serious. You DON'T want the Careless Driving conviction. If the other driver was uninjured, they'll be more likely to accept a plea to a lower charge.
* 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


UnluckyOne
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by: UnluckyOne on
Mon Mar 30, 2015 7:50 pm

Thanks for the reply. But just wondering if you or anyone else has answers to my other original questions? Does the prosecution take into account any prior convictions when offering a deal? I have a 4 demerit point driving over 49km/hr charge from about a year and a half ago that I didn't bother to fight at the time so I just paid it. Does the severity of this charge have any waiting when I show up for my Summons and/or return date? And is the Prosecutor that I appear before when I show up for my Summons, or a J.P.? My plan is to ask for an adjournment to a new date to have time to review the disclosure that I will ask for when I appear for my Summons. So my question really is, will a plea bargain be offered at the Summons, or not until I appear next time after I've had a chance to review the disclosure?
Thanks!


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by: bend on
Tue Mar 31, 2015 2:49 pm

UnluckyOne wrote:Thanks for the reply. But just wondering if you or anyone else has answers to my other original questions? Does the prosecution take into account any prior convictions when offering a deal?
Yes and no. It depends what the previous convictions are and what you're being charged with currently. If it's simply a fender bender and there were no injuries, it helps. If the previous conviction is not considered a major infraction and is unrelated, they most likely still offer you something. If you already have a conviction for the same offense or have a boatload of stupid tickets, they'll have to make an example at some point. If your current charge is something more serious, the less likely they want to bend over backwards. I don't know if your previous speeding conviction will play any part in a plea deal. It's possible.

Demerit points last 2 years from the day you were charged, so your previous points are almost behind you. It'll help you avoid a possible suspension, but it's not going to help your insurance.


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by: CurtisRutt on
Tue Mar 31, 2015 4:25 pm

Radar Identified wrote:Does the prosecution take into account any prior convictions when offering a deal? I have a 4 demerit point driving over 49km/hr charge from about a year and a half ago that I didn't bother to fight at the time so I just paid it.
Unlikely unless speeding was a factor in your rear-end collision.
Radar Identified wrote:Does the severity of this charge have any waiting when I show up for my Summons and/or return date?
Meet the Prosecutor upstairs at 9:00 am; Court starts at 10:00 am; if you are adjourning or entering a plea, you will be out by 11:00 am
Radar Identified wrote:And is the Prosecutor that I appear before when I show up for my Summons, or a J.P.?
Prosecutor upstairs to check in; In front of the JP to put the adjournment on the record
Radar Identified wrote:My plan is to ask for an adjournment to a new date to have time to review the disclosure that I will ask for when I appear for my Summons.
Adjournments will usually be granted where you do not have, or have just received, disclosure from the Prosecutor. It is only a summons date, which means they will not have any witnesses or officer attend until a trial date is set.
Radar Identified wrote:So my question really is, will a plea bargain be offered at the Summons, or not until I appear next time after I've had a chance to review the disclosure?
You will likely be offered a resolution on the summons date, but it is wise to hold off until you have reviewed disclosure.




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