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Ontario Highway Traffic Act

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Careless Driving
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PostPosted: Tue Oct 20, 2009 10:40 pm 
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My daughter was driving with a friend and was charged with careless driving. Here are the details: It was about 8:00 pm, dark rainy and foggy. The posted speed limit is 80 Kph, but she was driving 50Kph because of the rain. She wanted to make a left hand turn and as she approahed the cars that were stopped at the light, she started to brake to slow down, unfortunately, she did not slow down fast enough, so she pushed the brake harder, but it was too late. She slipped on the slippery road and hit the stropped car in front of her who then hit the car in front of them. Single driver in each car. There were no injuries and no police officer came to the scene even though they called in the accident. They were told to exchange information and then drive to the closest reporting office. They exchanged information, but since it was a Friday night the office was closed and they had to report the following weekeday. We went to the office, filed the report and then a week later she received a call telling her she would be charged. We went to the station and were given a ticket for careless driving. We want to fight this because she only has her G2 and has been driving since March of this year. The 6 points would be very bad for her record and insurance. Should she plead to a lesser offence or try to have it dropped as she was paying attention and was diligent enough to reduce her speed was driving, she just didn't react quick enough to the slippery road. Could we use inexperience as a reason?


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PostPosted: Wed Oct 21, 2009 2:34 am 
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Location: Guelph, Ontario
No, do not use inexperience. Inexperience + bad driving condition = Careless in eyes of JP.

You definitely want to fight this one. Careless for a G2 driver = double insurance (more or less). It is, however, the hardest one for the crown to prove. You might also consider the fact that there were no police at the scene of an accident to see what has actually happened. And yet they wrote such a major ticket.

This is also such a major risk that you may want to consider a professional help. You can get a free quote by filling out a form at the bottom of the site.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Wed Oct 21, 2009 6:56 am 
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Location: somewhere in traffic
racer wrote:
No, do not use inexperience. Inexperience + bad driving condition = Careless in eyes of JP.

You definitely want to fight this one. Careless for a G2 driver = double insurance (more or less). It is, however, the hardest one for the crown to prove. You might also consider the fact that there were no police at the scene of an accident to see what has actually happened. And yet they wrote such a major ticket.

This is also such a major risk that you may want to consider a professional help. You can get a free quote by filling out a form at the bottom of the site.


X2

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Careless Driving - G2 Driver
PostPosted: Wed Oct 21, 2009 8:03 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Careless Driving is a serious charge with 6 demerit points. As well a conviction for this offence will make the insurance rates double or triple, and some insurance companies will cancel your policy.

If you have a G2 licence, at 6 demerit points the Ministry of Transportation will probably suspend the drivers licence for 30 days, due to too many demerit points. The effect of the suspension will further compound the effect on the insurance rates.

Weather conditions are not considered a defense the charge, its an explanation as to why it happened, but not a defense to the charge or something that will get the charge dropped.

You can always go to the court see the prosecutor and ask about getting the charge reduced. e.g. Following too closely 4 points. The problem with that is that you lose any chance of getting the charge dropped completely, as with a G2 driver you always want to keep the driving record clean, as the accident will be on their record, and a ticket puts 2 strikes against them.

The best way to deal with this is go to the court and set a trial date. Not meet with the prosecutor.

On the trial date the officer has to come, the witness (other driver) has to come, the ticket has to be "proper before the court".

If you hire a paralegal, if there are any "legal arguments" they would get presented to the court. Having a professional makes sure everything is done properly and you get every chance to have this charge withdrawn.

Look for a paralegal with some accident investigation skills, background, and from a reputable firm, go and actually visit that person and discuss the case.

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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