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Ontario Highway Traffic Act

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Careless Driving
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PostPosted: Mon May 12, 2014 9:19 pm 
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Joined: Mon May 12, 2014 9:12 pm
Posts: 3
I hit a parked Commercial Van (no Cone around it for safety) on the street not on highway, my speed is less tham 10 kmh, got HTS 130 Careless driving. Is early resolution is good for me, I have ticket of $500. How I know I have 6 Demerit points from the ticket. Any advice thanks,


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Re: Careless Driving
PostPosted: Tue May 13, 2014 12:12 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1062
Cones around vehicles are for the personal safety of the workers who have to use the vehicle and its doors frequently for tools, supplies, etc so they don't get hit/pinned/killed when they are around the vehicle. They are not required for you as some sort of incentive to not hit other vehicles unless you are trying to say you hit an open door. I'm not sure how cones are relevant. If there's something you're leaving out, please feel free to explain.

At an early resolution meeting, you may or may not be offered a reduced charge in return for a guilty plea. You'll still be guilty, but almost anything is better than a careless driving charge. If you can't come to an agreement, you'll later be given a date for a trial.


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Re: Careless Driving
PostPosted: Tue May 13, 2014 1:50 pm 
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Joined: Mon Nov 18, 2013 9:57 am
Posts: 41
Hello,

I'm with bend, don't think the lack of a cone has any relevance.

If you are looking to have the charge reduced, Early Resolution is an option for you. It is likely that a lesser charge will be offered for a plea of guilty. Highly unlikely the charge will be withdrawn, or that you will have any opportunity to express any opinion as to why it should be through Early Resolution.

To defend against the charge, I recommend seeking professional representation; once you go to trial it is all or nothing, and a Careless conviction usually means very expensive insurance rates (and a license suspension for any G1 or G2 driver under escalating sanctions).

Another option at this time would be to ask for a trial, very frequently a plea deal is offered before the trial would begin. If you choose early resolution, and don't like the deal, you can then request a trial as well.

Think about submitting your ticket, and requesting disclosure. Once you see the evidence against you, you can take it to a representative (lawyer or paralegal) for an opinion on how to proceed.


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Re: Careless Driving
PostPosted: Tue May 13, 2014 3:43 pm 
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Joined: Thu Mar 20, 2014 8:54 pm
Posts: 45
Kitab wrote:
I hit a parked Commercial Van (no Cone around it for safety) on the street not on highway, my speed is less tham 10 kmh, got HTS 130 Careless driving. Is early resolution is good for me, I have ticket of $500. How I know I have 6 Demerit points from the ticket. Any advice thanks,

Tell judge your were talking on the phone and to lower charge to distracted driving :lol:


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Re: Careless Driving
PostPosted: Tue May 13, 2014 7:06 pm 
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Joined: Wed Apr 24, 2013 12:02 pm
Posts: 30
Kitab wrote:
I hit a parked Commercial Van (no Cone around it for safety) on the street not on highway, my speed is less tham 10 kmh, got HTS 130 Careless driving. Is early resolution is good for me, I have ticket of $500. How I know I have 6 Demerit points from the ticket. Any advice thanks,


Speed is irrelevant in this... as for it being on a street and not on a highway that doesn't matter also...As for Careless driving, In Waterloo Region anyways.. that's the new "Catch All" that police charge with when there's not enough evidence to prove something else..

Back in aug. I got nailed with it also (was paying full attention car stopped in front of me, I slammed brakes and didn't stop in time..) should I have been charged with unsafe vehicle? maybe, but the officer said he's not a mechanic so he can't determine that so nailed me with CD. told me to ask for early resolution... Did that and had it plead down to Fail to turn to avoid collision. $100 & 2 demerit.

In my opinion go for early Resolution.. but definitely seek professional advice... Paying $400 for someone that knows the provincial courts and HTA is a good investment.


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Re: Careless Driving
PostPosted: Sat May 17, 2014 8:14 am 
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Joined: Mon May 12, 2014 9:12 pm
Posts: 3
Thanks everyone for the spending time and provide good suggestions. I already choose early resolution and waiting for for it. Any other suggestion which save me from this as my 10 years driving record is clean.

My Car is Totalled now, did I take out my CD player from my Car. Any Idea.


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Re: Careless Driving
PostPosted: Sat May 17, 2014 9:40 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Kitab wrote:
I hit a parked Commercial Van...my speed is less tham 10 kmh

Kitab wrote:
My Car is Totalled now


Maybe I'm not understanding correctly, but there's no way a 10 km/hr impact should cause that much damage.


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Re: Careless Driving
PostPosted: Sat May 17, 2014 2:02 pm 
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Joined: Mon May 12, 2014 9:12 pm
Posts: 3
The parked Van Door stuck with the hood of my Van and drag and damaged slightly my hod and largely side feeder. Mine is Doodge Carvan 2000. it is not worth to repair.


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