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. Circumstances: 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!
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.
Circumstances:
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!
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
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The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
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