Careless driving ticket for obstructing a cop's pursuit

sneha.lele
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Careless driving ticket for obstructing a cop's pursuit

Unread post by sneha.lele on

Hello,

I was driving on a one lane highway in Parry Sound city with three other friends in the car. Suddenly I saw a cop car with blinking lights (but no siren or horn) right behind me. I was confused since I wasn't even speeding and I pulled over. He came storming at my window and claimed that I blocked his way while he was trying to chase a speeding car ahead of me. He said I had been obstructing his way for a long time and decided to charge me for it. I had not noticed the car until it came very close to me. I don't believe his claim that I blocked him for a long time. It's impossible that I missed him in the mirror since it was just a one-lane road.
He gave me ticket for 'Careless Driving' for $490.
Is this a case of careless driving? What are the chances for me to win if I contest? I am a new driver (G2) and have no ticket record before this. What is the procedure once I send in my plea to challenge the ticket?

Thanks.
Sneha


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Simon Borys
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Unread post by Simon Borys on

This sounds like a good scenario to request disclosure and see what evidence the officer has. Once you obtain this it would probably be a good idea to consult with a lawyer or paralegal given the severity of a careless driving conviction and the complexity of careless law.
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Unread post by sneha.lele on

Hi,

Thanks for your response.
How does the procedure go? I have sent the ticket with the option 3 selected. What happens next? Will the court get back to me? How and when do I request the disclosure?

Thanks.
Sneha


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Unread post by Simon Borys on

You'll have to write to the prosecutor's office to request disclosure after you select option 3. Ask at the courthouse where to send the request.
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Unread post by sneha.lele on

Hello,

Since I live in London and I got a ticket in Parry Sound, I had to mail the ticket (with option 3 selected).
Should I expect some kind of an acknowledgement or instructions from the court?
How do I request for the disclosure? Do I have to write to the court in Parry Sound or can I call/fax?

I am not aware of the process and hence really clouded by many questions.
Thanks!

Sneha


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Unread post by sneha.lele on

Hello,

I did receive my trial date (4th October 2011) and the court office informed me that I can send in a fax to request crown disclosure as you mentioned I should.
If I hire a paralegal/lawyer after that, do I have to inform the court that I have a representative? When do I do that?

Thanks.
Sneha


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Unread post by Stanton on

The paralegal should look after notifying the Court on your behalf once you've hired them.


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Unread post by sneha.lele on

Hello,

I have sent a fax to the Court of Justice in Parry Sound requesting the crown disclosure.
While I wait for it, is it possible for me to speak to the prosecutor in case he offers some settlement like reduced charges and demerit points?
If yes, do I have time to decide whether I want to take that offer or still fight the case in court? Can I decide whether I need a lawyer after having spoken to the prosecutor?

Thanks.
Sneha


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Unread post by Simon Borys on

You can have a resolution meeting before receiving disclosure, but most people don't because you don't know what the evidence is and therefore you don't know what your leverage is. You can decide to hire a lawyer or paralegal at any time throughout the process. You have from the time of the resolution meeting until the time of your next court date to decide what you want to do.
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Unread post by sneha.lele on

I did send a fax for crown disclosure 2 weeks ago. How long does it generally take to get the disclosure?

Also is there any kind of negotiation possible during the negotiation meeting? What I mean to ask is, is it advisable to let the lawyer do the talking rather than negotiating with the prosecutor myself?

Thank you.
Sneha


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Unread post by sneha.lele on

Also is there any kind of negotiation possible during the *resolution meeting?


Sneha


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Unread post by sneha.lele on

Hello,

I did receive the disclosure (police notes).
If I decide to have a resolution meeting with the prosecutor myself without the lawyer, what is the process?

I live in London, ON and the court is in Parry Sound, ON. Do I have to personally meet with the prosecutor? Is there any other alternative to have a resolution meeting? Can I speak on the phone by any chance?

I would really appreciate any response.
Thank you.

Sneha


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Unread post by Stanton on

I imagine the only option is to attend in person. You'll have to contact the Crown's office to see if there are any alternatives.


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Unread post by sneha.lele on

Hello,

I did get a chance to speak to the prosecutor in the Parry Sound court.
He said that I can have a resolution meeting with him the same day as my trial.
I guess that rules out my chance to consult a lawyer after the resolution meeting.

In case my charge does not get resolved in the meeting, and if I feel the need of a lawyer for the trial, is there a chance that I can request for a future date for the trial to be held?

Thank you.
Sneha


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Unread post by Radar Identified on

I would hire a paralegal or lawyer before you go to the court date.




* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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