Hello All, I just have a question in regards to the summons Under Part 1 I received for an rear end accident: I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt manage it since there was a lot of cars and I couldnt get in....)-: I slammed on the brakes hard again but it was too late, so I rear ended the car in front of me, the truck in the back escape the accident, the weather was good and I was going back from work, my car was totalled and the car in front lost bumper, they were 3 people in this car, 2 kids and and parent..... my airbag deployed and I ended up in the hospital - very minor injuries , their car was ok and visually the family was ok as well.... in the hospital, I had another cop (not the one from the accident) showing up and giving me a summons Under Part I (they are saying in Richmond Hill ON) it is now a practice for Careless driving charges.....always a summons (but on a ticket it says "Under Part I of the provincial Traffic Act"), the road was 70 Km and I was driving 60 max. I wasnt careless thats for sure, I saw its happening and was trying to avoid another accident but unfortunately, I was failed to do so..... (if not the car from behind I would of avoided it, but)-: I do have 1 minor traffic ticket - no points on my record and havent had any accident (AT FAULT or NOT AT FAULT) in my life, G license, over 35 years old and driving for 8 years in Ontario..... Question, what can I expect in my first appearance? any possibility I will be offered to plea guilty for lesser charge? considering there was no possibility to go left to avoid collision, what can it be (if so) ? and what are my chances that they will offer me something anyways? Another question, does anyone know if this is really true about Summons the police is giving instead of just ticket with fine? I will take the paralegal after later.... Thank you all,

Topic

Careless Driving Summons Under Part I as result of accident

by: alexu on

20 Replies

alexu
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Re: Careless Driving Summons Under Part I as result of accid

Thank you so much Argyll, very interesting a month and a half passed and the Brief hasnt been delivered to the Crown??? is there a possibility that this simply got lost? because of 2 different policy people and initially wrong date? I assume when I go back to meet with prosecutor in July, if there is still no Brief, the date will be postponed again? Thanks again Argyll!!!!

Thank you so much Argyll,

very interesting a month and a half passed and the Brief hasnt been delivered to the Crown??? is there a possibility that this simply got lost? because of 2 different policy people and initially wrong date?

I assume when I go back to meet with prosecutor in July, if there is still no Brief, the date will be postponed again?

Thanks again Argyll!!!!

argyll
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Re: Careless Driving Summons Under Part I as result of accid

No that doesn't seem like an extreme amount of time. Often officers have many to complete plus new investigations coming in. But you should keep a track of the timelines and how often it wasn't available.

No that doesn't seem like an extreme amount of time. Often officers have many to complete plus new investigations coming in. But you should keep a track of the timelines and how often it wasn't available.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
alexu
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Re: Careless Driving Summons Under Part I as result of accid

Thanks argyll, you guys are all amazing here.....thanks for advises....I am just worried about this, accident itself is stressful, and this charge........my neighbor had similar situation and had a hearing 2 weeks ago, and so before she (her paralegal) even started to speak , Prosecutor has provided them with the written deal of 2 points.......so I kind of hoped to get some deal yesterday as well, even though this not found "brief" maybe a good thing, I just wanted to finish with this and keep on..... Thank you all

Thanks argyll, you guys are all amazing here.....thanks for advises....I am just worried about this, accident itself is stressful, and this charge........my neighbor had similar situation and had a hearing 2 weeks ago, and so before she (her paralegal) even started to speak , Prosecutor has provided them with the written deal of 2 points.......so I kind of hoped to get some deal yesterday as well, even though this not found "brief" maybe a good thing, I just wanted to finish with this and keep on.....

Thank you all

alexu
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Re: Careless Driving Summons Under Part I as result of accid

Hello All, I understand that this forum is mostly for self defense, however I would like to ask if anybody knows some paralegal with good reputation for Careless charges? There is so many of them and more I read and get advises from you guys, more I understand that there are not a lot of these people I spoke to already with great knowledge.... As usual, your responses are very much appreciated, I am just asking for the personal opinion of the people who may already dealt with similar situations and hired somebody....

Hello All,

I understand that this forum is mostly for self defense, however I would like to ask if anybody knows some paralegal with good reputation for Careless charges?

There is so many of them and more I read and get advises from you guys, more I understand that there are not a lot of these people I spoke to already with great knowledge....

As usual, your responses are very much appreciated, I am just asking for the personal opinion of the people who may already dealt with similar situations and hired somebody....

alexu
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Re: Careless Driving Summons Under Part I as result of accid

Hello All, First I wanted to thank each one of you for the great forum, everything can happen on the road and the rule #1 is follow the rules and be extra careful ( i am always trying and tried this time but it didnt work - will be even more careful next time)!!! The overall experience is not bad at all, and people in court are very helpful! Special thanks for agryll and jsherk...... I spoke to the prosecutor today and actually before I even opened my mouth I have been given a deal of 2 points "Failed to turn left to avoid collision", also the driver of the car I have rear ended received a ticket as well for "unnecessary slow driving" ......... my notes were almost a copy of theirs......so they said I had been trying to avoid collision which is true...... Anyhow I accepted the deal and took the plead......probably I would of won if I take it to court, but at the end of the day I was the one who rearended and been offered the deal, so I took it. Thanks all

Hello All,

First I wanted to thank each one of you for the great forum, everything can happen on the road and the rule #1 is follow the rules and be extra careful ( i am always trying and tried this time but it didnt work - will be even more careful next time)!!!

The overall experience is not bad at all, and people in court are very helpful!

Special thanks for agryll and jsherk......

I spoke to the prosecutor today and actually before I even opened my mouth I have been given a deal of 2 points "Failed to turn left to avoid collision", also the driver of the car I have rear ended received a ticket as well for "unnecessary slow driving" .........

my notes were almost a copy of theirs......so they said I had been trying to avoid collision which is true......

Anyhow I accepted the deal and took the plead......probably I would of won if I take it to court, but at the end of the day I was the one who rearended and been offered the deal, so I took it.

Thanks all

argyll
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Re: Careless Driving Summons Under Part I as result of accid

Thanks for the update. Probably a good move - Careless can be hard to prove for the Crown but the ramifications if you lose are so significant that it's often best to accept the lesser charge.

Thanks for the update. Probably a good move - Careless can be hard to prove for the Crown but the ramifications if you lose are so significant that it's often best to accept the lesser charge.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !

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