my friend hit a pedestrian slightly when he tried to make a right turn when the green light was on. He was given a summon with careless driving and was asked to go to court.
After we requested the disclosure and the interpreter, the court sent him an Offer of Resolve which said if he agree to plea guilty, they will change the charge from careless driving HTA 130) to Turn Not In Safty (HTA 142(1)).
Does He better accept the offer? or does he have the chance to fight for this case?
Insurance providers group all offenses into three categories. A conviction will either fall into the minor, major, or serious table. All offenses in a category will receive the same surcharge percentage.
Example: Minor (0-5%), Major (15%), Serious (100%).
In terms of insurance, it's best not to judge an offense on how it sounds on its own, but rather who it's grouped together with since they'll be treated equally.
All turning offenses fall into the minor category. These I'd consider your every day type of tickets. Signaling offenses, seatbelt, stopping, speeding (less than 50 over), etc. If you've ever received any of these type of tickets before, you'd know what to expect.
Your average driver is probably unaware that Careless Driving falls under the serious category. It's considered the worst of the worst. Speeding (50 over), racing, impaired, failure to remain, no insurance, driving while suspended, etc.
With a serious offense, there's no guarantee that your provider will continue to insure you unless they also offer some form of high risk insurance. If not, you'll be searching for one or you'll be stuck looking into facility insurance. At this point, lots of people also find they either can't afford to drive or it's not worth paying to drive.
The difference between these two offenses are pretty huge. This is what many here would call a "take it and run" offer.
I had an accident when made a right turn in front of the crosswalk and my car might slightly hit a pedestrian. I received a summon from the police and charged the careless driving.
before the trial date, I asked for the disclosure and the interperator, after that I received an email from the prosecutor with an offer to degrade my charge from 'careless driving' to 'turn not safety (2 demerit points and $200 fine if I plea guilty).
On the trial I said I plea guilty and I summarized what happen on that day. I said I saw the pedestrian and took the break. My car was stopped in front of the pedestrian. I am not sure whether there is contact between my car and the pedestrian and from my view it might not, but the pedestrian fell.
After my statement, the prosecutor was angry and she said she change her mind and she is not accepting my plea guilty. Then I was inform I need to go to court in Sep.
Anyone have similar experience? What can I prepare for the court? Do I still have the chance to flight for the careless driving charge?
Thank you for your input in advance!
bad news. I lost the offer. The prosecutor said she changed her mind and I have to go to court.
So to someone who wants to plea guilty, just say yes you agree to plea guilty, and understand the consequence. DO NOT SAY ANYTHING ELSE, speaking too much will let you get trouble.
Had the Justice of the Peace not already accepted your guilty plea? If the JP accepts it, you're done, regardless of what you may say afterwards.
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