My daughter (new driver with G2) was practicing with a manual transmission in our own driveway. As she was nearing the street at the end of our driveway she somehow mixed up the pedals and instead of stopping, she accelerated across the road, directly into a school driveway where she collided with a parked car. Both cars were heavily damaged. The officer charged her with careless driving and also advised her to take it to court. We are going to x-copper for a consultation but I'm curious if this scenario can be fought and won, or should she take a plea. Is an accident in a school driveway or parking lot covered under the HTA ? I'm very concerned for our insurance rates since we have to list her as an occasional driver. Thanks in advance for any insight!
My daughter (new driver with G2) was practicing with a manual transmission in our own driveway.
As she was nearing the street at the end of our driveway she somehow mixed up the pedals and instead of stopping, she accelerated across the road, directly into a school driveway where she collided with a parked car. Both cars were heavily damaged.
The officer charged her with careless driving and also advised her to take it to court.
We are going to x-copper for a consultation but I'm curious if this scenario can be fought and won, or should she take a plea.
Is an accident in a school driveway or parking lot covered under the HTA ? I'm very concerned for our insurance rates since we have to list her as an occasional driver.
If the incident had taken place entirely in the school parking lot (i.e practicing there when accident occurred) then I would say the Highway Traffic Act doesn't apply. Since however your daughter crossed the roadway while out of control, the highway traffic act would be applicable. Quite likely a plea deal will be offered, whether you should try fighting the charge outright however is best discussed with a professional.
If the incident had taken place entirely in the school parking lot (i.e practicing there when accident occurred) then I would say the Highway Traffic Act doesn't apply. Since however your daughter crossed the roadway while out of control, the highway traffic act would be applicable. Quite likely a plea deal will be offered, whether you should try fighting the charge outright however is best discussed with a professional.
Careless Driving is a Highway Traffic Act offense, the charge has to occur on the roadway. If the charge should be dismissed. The officer shouldn't have given your daughter the ticket in the first place.
Careless Driving is a Highway Traffic Act offense, the charge has to occur on the roadway. If the charge should be dismissed. The officer shouldn't have given your daughter the ticket in the first place.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
I agree that the accident itself isn't directly applicable since it occurred off the highway, but Id still argue the rest of the accuseds actions would be sufficient grounds to lay the charge. Though unintentional, the accused entered, crossed and drove off the highway while not in control of her vehicle. Is that sufficient for conviction? I dont know. But Id respectfully disagree that the charge shouldn't have even been laid in the first place. Id argue that it shows a lack of reasonable skill in handling a motor vehicle that could have conceivably posed a danger to other persons.
I agree that the accident itself isn't directly applicable since it occurred off the highway, but Id still argue the rest of the accuseds actions would be sufficient grounds to lay the charge. Though unintentional, the accused entered, crossed and drove off the highway while not in control of her vehicle. Is that sufficient for conviction? I dont know. But Id respectfully disagree that the charge shouldn't have even been laid in the first place. Id argue that it shows a lack of reasonable skill in handling a motor vehicle that could have conceivably posed a danger to other persons.
From the description provided I would have probably laid the same charge. I would also expect a 50/50 chance of losing the case at trial depending on the JP hearing the matter. I've had similar cases go both ways. Regardless of disposition of the charge, your insurance company has all the relevant information and will act accordingly.
From the description provided I would have probably laid the same charge. I would also expect a 50/50 chance of losing the case at trial depending on the JP hearing the matter. I've had similar cases go both ways.
Regardless of disposition of the charge, your insurance company has all the relevant information and will act accordingly.
As a former Toronto and Ontario Provincial Police Officer, Level 2 Accident investigator, with 28 years experience, and 10 years as a paralegal. My opinion is that it's on private property. The Highway Traffic Act unless specifically specified does not apply to private property and the charge should not have been laid. Your welcome to listen to who you like. Many times the police do not know their own jobs, as unless they have specific training in that field. I have investigated numerous accidents in the past, and appear at court 100's of times. If you want to read the case law here it is http://www.canlii.org/eliisa/highlight. ... cj310.html. Either appear yourself or hire a paralegal and the charge should be dismissed.
As a former Toronto and Ontario Provincial Police Officer, Level 2 Accident investigator, with 28 years experience, and 10 years as a paralegal. My opinion is that it's on private property. The Highway Traffic Act unless specifically specified does not apply to private property and the charge should not have been laid.
Your welcome to listen to who you like. Many times the police do not know their own jobs, as unless they have specific training in that field.
I have investigated numerous accidents in the past, and appear at court 100's of times.
You are assuming the careless charge is 100% related to the accident on private property. I would think it would be careless to admit to an officer you mixed up your pedals and blindly accelerated through a "highway" without regard to anything else on the road. So if i'm driving down a "highway" and I lose control of my vehicle and end up crashed on private property, I am free and clear of any wrong doing in the highway traffic act?
OTTLegal wrote:
As a former Toronto and Ontario Provincial Police Officer, Level 2 Accident investigator, with 28 years experience, and 10 years as a paralegal. My opinion is that it's on private property. The Highway Traffic Act unless specifically specified does not apply to private property and the charge should not have been laid.
Your welcome to listen to who you like. Many times the police do not know their own jobs, as unless they have specific training in that field.
I have investigated numerous accidents in the past, and appear at court 100's of times.
Either appear yourself or hire a paralegal and the charge should be dismissed.
You are assuming the careless charge is 100% related to the accident on private property. I would think it would be careless to admit to an officer you mixed up your pedals and blindly accelerated through a "highway" without regard to anything else on the road.
So if i'm driving down a "highway" and I lose control of my vehicle and end up crashed on private property, I am free and clear of any wrong doing in the highway traffic act?
I tend to agree with Stanton and bend. The officer would be negligent if they didn't consider the totality of the events leading up to the collision that just happened to end on private property. Pre collision events are often the most important things to consider. The case cited is also one that occurs entirely on private property and does not involve a "highway" at all
I tend to agree with Stanton and bend. The officer would be negligent if they didn't consider the totality of the events leading up to the collision that just happened to end on private property. Pre collision events are often the most important things to consider.
The case cited is also one that occurs entirely on private property and does not involve a "highway" at all
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.