Careless - minor collision

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Joined: Thu Nov 22, 2012 11:44 am

Careless - minor collision

by: hagoo on
Thu Nov 22, 2012 12:46 pm

I have been reading a number of posts in this topic, and decided to post my own circumstances to perhaps get some advice specific to my case.

I am 24 years old with a G license and a clean driving record (aside from a 48 over speeding ticket which I got earlier last month, which I'm also fighting). In early June this year, I was driving home on the DVP in bumper-to-bumper rush hour traffic when I rear-ended the car in front of me at less than 10km/h. Being prone to allergies during the warm seasons, I experienced an allergy attack, causing me to sneeze repeatedly and my eyes to water up obstructing my vision completely. A few seconds elapsed before I applied the brakes, however it was too late, as I ended up bumping the car in front of me, after which point another motorist stopped to check the situation and call the police. The officer asked me many questions, and took detailed notes on the incident. I only just faxed a disclosure request last week (about 7-8 weeks prior to trail date), and have yet to recieve a response. Hiring a paralegal may be difficult now due to my financial circumstances, but will do if necessary. My primary goals are to keep insurance low and not be suspended. My questions are the following:

1) If I do not recieve disclosure after repeated attempts over an 8 week period before trial, will it be enough to pursue a stay of proceedings?
2) I've read online that previous cases have found that a momentarily lapse of judgement to not be enough to warrant a careless driving charge; would this be applicable to my case?
3) Is it possible for the prosecutor to bring up my recent speeding charge in this case?
4) Has anyone else hired paralegals/lawyers to defend them in careless driving cases? How much did you have to pay them, and how was the outcome of the case?

Any advice would be greatly appreciated. Thanks in advance!
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