Careless Driving - with 3-Day Suspension alcohol warning

zeeyah
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Careless Driving - with 3-Day Suspension alcohol warning

Unread post by zeeyah on

Hey guys,

I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.

Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to borderline 90-100 and moved to the middle lane, and they followed (without lights flashing) where he finally flashed and pulled me over. The cop smelt some alcohol and asked me to do a breathalyser test. Got an Alert, which probably you know is .5-.99 mg in my bloodstream.

Charges:
First offense, and was given 3-day suspension of my license, car towed to the pound.
The cop claimed I was speeding, tailgating people, switching lanes without signaling, and charged me with Careless Driving (No DUI on ticket). But I totally remember there were barely any cars on the road and I didn't tailgate and switched lanes to signal. He said I was going 30 over, I don't remember if I agreed, I just said ok.. if i recall correctly.

What to do?
I'm not a lawyer by any means, but I had some few things to question.. On my careless driving ticket, he said the location at an exit that was further than the one he saw me speed at. By the time I was near an exit, I was going borderline 90-100, I was driving carefully, knowing full well that the cop was behind me. He said he saw me speed more south on DVP. I didn't run, he just simply followed without flashing his lights. Does it matter where he puts the infraction location? Even if I was speeding at more south, but he puts where I was driving slower, would the charge be valid at the LOCATION he writes on the ticket, or just his word that he saw me speed?

I'm afraid that the court may give the cop the benefit of the doubt because I was under ALERT.. what exactly does an alert entail?

I'm male 20 yrs G licens driver.. and I know my insurance is going to skyrocket. Which paralegal would you recommend? X-Copper or what not? and what do you think are my chances of wiping out the charge? Also if I win the case.. do I get my impound charges reversed? it was $150 at the spot down the drain...

I know I will receive some backlash for drinking/driving, and I understand that. I just hope to gain some help as to the best way to approach this..

Thanks.
Last edited by zeeyah on Sat Nov 20, 2010 9:33 pm, edited 5 times in total.


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hwybear
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Unread post by hwybear on

You only have one offence which is the "careless driving".

The 3 day warn is not a charge. It is an administrative drivers licence suspension for 3 full days from the time of the stop. That is why your vehicle was towed from the highway.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


zeeyah
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Unread post by zeeyah on

Hey hwybear, thanks for the reply and clarification.. my next question is, could the prosecutor use that against me (the 3 day warning) during the trial to accuse me of negligence and not having due care?


viper1
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Unread post by viper1 on

zeeyah wrote:Hey guys,

I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.

Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to borderline 90-100 and moved to the middle lane, and they followed (without lights flashing) where he finally flashed and pulled me over. The cop smelt some alcohol and asked me to do a breathalyser test. Got an Alert, which probably you know is .5-.99 mg in my bloodstream.

Charges:
First offense, and was given 3-day suspension of my license, car towed to the pound.
The cop claimed I was speeding, tailgating people, switching lanes without signaling, and charged me with Careless Driving (No DUI on ticket). But I totally remember there were barely any cars on the road and I didn't tailgate and switched lanes to signal. He said I was going 30 over, I don't remember if I agreed, I just said ok.. if i recall correctly.

What to do?
I'm not a lawyer by any means, but I had some few things to question.. On my careless driving ticket, he said the location at an exit that was further than the one he saw me speed at. By the time I was near an exit, I was going borderline 90-100, I was driving carefully, knowing full well that the cop was behind me. He said he saw me speed more south on DVP. I didn't run, he just simply followed without flashing his lights. Does it matter where he puts the infraction location? Even if I was speeding at more south, but he puts where I was driving slower, would the charge be valid at the LOCATION he writes on the ticket, or just his word that he saw me speed?

I'm afraid that the court may give the cop the benefit of the doubt because I was under ALERT.. what exactly does an alert entail?

I'm male 20 yrs G licens driver.. and I know my insurance is going to skyrocket. Which paralegal would you recommend? X-Copper or what not? and what do you think are my chances of wiping out the charge? Also if I win the case.. do I get my impound charges reversed? it was $150 at the spot down the drain...

I know I will receive some backlash for drinking/driving, and I understand that. I just hope to gain some help as to the best way to approach this..

Thanks.
You can't do much about the tow and by time you get to court the 3 days have past.
I think you should call around and get help for this charge.

Cheers
Viper1
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use at your own risk"


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Radar Identified
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Unread post by Radar Identified on

zeeyah wrote:my next question is, could the prosecutor use that against me (the 3 day warning) during the trial to accuse me of negligence and not having due care?
The "warn" and tow of the vehicle will probably be mentioned, but in and of itself, it is not proof of Careless Driving. However, it definitely does not look good.
zeeyah wrote:On my careless driving ticket, he said the location at an exit that was further than the one he saw me speed at.
The problem is that you are not charged with speeding. The Careless Driving was not so much 30 km/h over the limit, it was in combination with the other stuff the officer alleges you did: Tailgating, weaving in and out, etc. If you were still in motion at that point on the DVP, the location they wrote is good enough. If, however, the location mentioned is AFTER the point where you got stopped, it will help, but not overwhelmingly so. In this instance, the location does not have to be absolutely specific. Actually if the officer had written: "Don Valley Parkway" as the location, that would've helped the Prosecutor.
zeeyah wrote:what do you think are my chances of wiping out the charge?
Can't say for sure. But I agree with viper1. Get some legal help with this. If you are convicted of Careless Driving, you will pay a large fine, get a possible licence suspension, and if you don't get suspended, you get 6 demerit points. On top of that, usually insurance companies either terminate your coverage and force you onto Facility insurance, or they double your premiums (or worse). The paralegal or lawyer will get your side of the story, file the paperwork, obtain disclosure and figure out how to proceed. As far as recommendations go, for the time being I cannot publicly endorse any paralegal service.
zeeyah wrote:Also if I win the case.. do I get my impound charges reversed?
No.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


zeeyah
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Unread post by zeeyah on

Hi all,

I got a Careless Driving charge back in late November (posted it in the C. Driving forum) and my court date is in late March. I received my court letter late Jan, and filed two disclosure request a few days after and early Feb. I still haven't received anything yet, and the clerk said it would take 6-8 weeks which 6 weeks would be 2 weeks before my court date, and 8 weeks being the week my court date is on.

My question is, what's the unwritten "deadline" or timeline for a stay of improper disclosure to take place? If its ready to be picked up on the 6th week, 2 weeks before court date, could I still file improper disclosure? I tried reading ticketcombat, but I'm confused as to how would you file an improper disclosure.. do I have to "serve" the courts 15 days before my court date like an 11b?

Also, when negotiating with the prosecutor of a deal.. does the deal always have to be moving vehicle related? The monetary amount of the ticket won't exactly set me back ($490).. but I'm moreso worried about insurance etc. Could I possibly work out a deal where the monetary amount of the ticket is the same, but charged as a parking or non-moving related ticket that won't hit my insurance? Seeing how it's my first offense, and I'm in school where a car is needed.

Thanks!


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Simon Borys
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Unread post by Simon Borys on

The offence must be amended to something that is still supported by the events. For example, you couldn't plead a careless rear end collision to a parking offence because that's not supported by the events.

Also, with respect to the disclosure you will not likely get a stay of proceedings because you received the disclosure late or not at all. More likely you will get an adjournment in order for the crown to provide you with disclosure.
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LoveToronto
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Unread post by LoveToronto on

Hello Everyone,

I received a 3 day suspension for blowing between .05 and .08 . I was not in the car but instead sitting near it. I was given the pink slip and no tickets or fines. A friend of mine was also allowed to drive the car home. Now it sounds like its not serious, but I'm worried sick about my insurance and my parents finding out. Now i read different things. some say your insurance will go up and some say it wont be affected at all because its below a one year suspension. Should I hire a lawyer or what?

Please please help !!!!!!!!!!!!!! been really down lately and I have no idea where to turn.

Thank you alot to those who reply.






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