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Careless Driving No witness, single vehicle collision
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PostPosted: Wed Mar 07, 2012 11:28 pm 
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Joined: Wed Mar 07, 2012 11:10 pm
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The accident happened around 10:40 PM when I was returning home from my girlfriend’s house. I was driving 35-40 km/hr, before the turn that directs the street north, i braked to slowdown but the car kept sliding. I turned the wheel to follow the road but the car kept sliding towards the curb and hit it. (At later inspection it looked like i went on the curb momentarily and came back onto the road.) So i stopped the car and got out to check if there was any damage. The lighting on the street was not good so i was unable to see any damages so i got back in to drive the car again. However when i gave the car a little bit of gas, i noticed that it was struggling to move and sliding a little bit. Therefore i decided to stop but i was by railway crossing then a fire hydrant so decided to drive a little bit more not to block it and stopped. I distinctly remember that the street was not cleared off fresh snow and the first car that passed me after i stopped was a snow plow. The driver actually asked me if i could move but i told her i couldn't because i was in an accident so she drove around me. Then i had also noticed another car a red SUV pass around me not long after the snow plow had gone by. I also remembered that one more car (region of Waterloo police car) had passed by me which i did not mention on the police report at the time. In total 3 cars had passed me. After the second stop i decided to call my insurance company to ask what i have to do. They asked me to go out and check the car in more detail so i did and found out that the passenger side tires were not turning with the wheel. When i told the representative from my insurance company the damage he told me that if the repair costs more than $500 they would need a police report. Then i called enterprise roadside assistance to send a tow truck but realized the police report might take long so i cancelled the tow truck and called 911 emergency. Right after i was done with the emergency call. I saw the second police car coming by so i told him i was in an accident and asked him if he would do a police report for my insurance company. He said ok and parked behind me. He came out and told me that if he was doing a report, he would also assess the accident or something (it wasn't clear to me that he would charge me with careless driving). He checked if i was drinking which he concluded i wasn't. Asked me how fast i was driving. I said about 35 to 40, and where the accident happened which i told and then later showed where it had happened. He came and checked the damage on the car with a flash lights, which i also saw (body behind the tires was bent). Walked back to the incident site checked it. After a short while he came to the tow truck with the report and with a ticket. When he saw my expressions he said, "before you flip there are options on which you can proceed with charge but as far as i'm concerned my hands are tied". P. S. While walking the officer almost fell twice. Also my estimation on the speed was before the turn i braked to slow down before i came to the turn. I'm a university student and can't afford a paralegal and was thinking of representing my self. Hints on what angle i should go for. They only have my statement to go with.


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Re: Careless Driving No witness, single vehicle collision
PostPosted: Thu Mar 08, 2012 10:15 pm 
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Joined: Wed Aug 10, 2011 3:05 pm
Posts: 86
First Attendance is definitely your best start.


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Re: Careless Driving No witness, single vehicle collision
PostPosted: Tue Mar 13, 2012 11:02 pm 
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Joined: Wed Mar 07, 2012 11:10 pm
Posts: 3
New development:
-Accident actually happened on a different street than the one i stated on my police statement. The accident actually happened on a street that ended just before the one i said happened and the officer saw the accident site but did not check the location therefore probably has it down the same as my report. can i fight it to be inadmissible?

-In addition, I was not aware or did not understand the statement the police read to me before assessing the accident. I did not know it would result in a CD ticket. The police officer also made me feel obligated to write more and explain what happened. He told me to add more details after i was done giving my statement so i had to take back the statement and write more stuff. From a short counsel with a xcopper paralegal, the above angle seemed more favorable to him.

My first attendance is next week and i was wondering does an offer of no demerit point and a money fine still have an effect on my insurance? Does it count as a conviction and have a reciprocation on my insurance?


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Re: Careless Driving No witness, single vehicle collision
PostPosted: Tue Mar 13, 2012 11:44 pm 
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Joined: Wed Mar 07, 2012 11:10 pm
Posts: 3
Oh also i talked with another paralegal and she said my best chance would be to plead guilty for a lesser charge. As having the bad weather condition as an excuse would not work. I do not want to concede to a lesser charge. It's the truth i took precautions and drove to the best of my judgment that is at worst, the ability of a normal driver with due car.

Also the officer also asked me if the ABS locked on me which i said "i don't know... hmm... it did". At later research i found out that steering won't work if the ABS braking system locks. I tried to steer towards the road but i couldn't direct the car so it jumped the curb (side walk) momentarily and came back down. I was not speeding i was driving around 35 km/h when entered the street and slowed before i even got to the turn. Just stood out in my memory.

Can i ask for disclosure for the trial date after the FA meeting ?


P. S. Thanks Paul for your advice and thanks for the rest of you in advance.


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Re: Careless Driving No witness, single vehicle collision
PostPosted: Wed Mar 14, 2012 7:02 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
When police first arrive on scene at an accident, they’re allowed to question people to form an understanding of what happened. They only need to caution you (basically advise you don’t need to provide a statement) once they’ve formed grounds to believe you’ve committed an offence. It’s possible a paralegal may be able to exclude part or all of your statement, but it would be dependent on whether the officer had finished forming grounds before or after you completed your statement.

In regards to the mix up in streets, that can be amended at trial. The big issue is that the mistake is based on information you provided the officer, not an error on his part. The onus may fall on you to show the location is incorrect. Can you provide credible evidence to show that the accident didn’t happen where the report says?

Not sure what you’re talking about with ABS lock. It’s cars without ABS that have their wheels lock up. ABS prevents the wheels from locking to aid with steering. You’d probably have to have some type of mechanical inspection and report done showing that your ABS failed if that was your argument.

I agree with the paralegal that a plea deal may be your best option. You’re going to really have to research case law if you want to try and argue you were driving with due care and attention and couldn’t have avoided the accident.


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