I would like to know if anyone has advice or has gone through a similar situation.
Also is it careless driving if you tip your ATV while off the road?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Bad news: If the officer who attended the scene is an accident reconstruction expert, then his statements in court could be sufficient for a conviction. An officer with proper training in reconstruction does not have to witness the actual incident itself to provide testimony on what happened. You'd need his notes and the accident report to get a better idea of the evidence against your son. This can be done by filing a disclosure request.
Careless driving is one of the most serious HTA charges, but it is also one of the hardest for them to prove. The officer's testimony about speed, control, etc., may not be enough. Keep this in mind, though: If your son is convicted of careless driving, particularly at 17, auto insurance premiums could more than double, or insurance companies may not cover him at all. I agree with Reflections; getting professional help would be wise. There's a form at the bottom of the page to fill out for a quote if you're interested in going that route.
property line to property line is the highwayReflections wrote:This charge is only applicable to those driving on the highway, not off of it. If your son was not on the road, he is not governed by the OHTA, unless the ditch has been deemed part of the road, you will have to look that up. .
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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