I was in a 4 car accident close to an intersection with a green light. I was the second car in the accident and approx. the 10th car from the actual intersection. This is what I know. I was rear ended by the car behind me who was rearended by the car behind them and in turn I was pushed into the car in front of me. I have $8,000 in damage to the rear of my car and only paint transfer on my licence plate on the front. I was charged with careless. The officer told me to go to court and fight it down to following too close, but I was not following too close either. What should I do? This is my first accident I don't have any tickets.
I was in a 4 car accident close to an intersection with a green light. I was the second car in the accident and approx. the 10th car from the actual intersection. This is what I know. I was rear ended by the car behind me who was rearended by the car behind them and in turn I was pushed into the car in front of me. I have $8,000 in damage to the rear of my car and only paint transfer on my licence plate on the front. I was charged with careless. The officer told me to go to court and fight it down to following too close, but I was not following too close either. What should I do?
This is my first accident I don't have any tickets.
I just noticed on my ticket that I was charged with careless but it quotes section 15 of the Ontario Highway Traffic Act. It should say section 130? Will this be thrown out?
I just noticed on my ticket that I was charged with careless but it quotes section 15 of the Ontario Highway Traffic Act. It should say section 130? Will this be thrown out?
Ticket should say section 130, but if the description of the offence is correct (ie "Careless Driving") it is often not enough to get it tossed. If the section referred to might confuse the defendant about what he/she is charged with, then it usually is enough to get it tossed... For example, the officer writes "Driver fail to wear seat belt" but quotes the section about a passenger not wearing a seat belt. Personally, with serious offences like this one, I'd look to get some sort of legal representation, like a paralegal or traffic lawyer. As far as you being charged with careless driving, given the fact that you were slammed in to by the car behind you, which pushed you into the vehicle in front, there's a good chance that you should be able to have the charge withdrawn, or win at trial.
Ticket should say section 130, but if the description of the offence is correct (ie "Careless Driving") it is often not enough to get it tossed. If the section referred to might confuse the defendant about what he/she is charged with, then it usually is enough to get it tossed... For example, the officer writes "Driver fail to wear seat belt" but quotes the section about a passenger not wearing a seat belt.
Personally, with serious offences like this one, I'd look to get some sort of legal representation, like a paralegal or traffic lawyer.
As far as you being charged with careless driving, given the fact that you were slammed in to by the car behind you, which pushed you into the vehicle in front, there's a good chance that you should be able to have the charge withdrawn, or win at trial.
* 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
What I said happened is exactly what happened, I would prefer to do this without hiring anyone, since I really feel I havent done anything wrong. Is that a mistake?
What I said happened is exactly what happened, I would prefer to do this without hiring anyone, since I really feel I havent done anything wrong. Is that a mistake?
It's not a mistake, it's just that the ramifications for being convicted are pretty serious compared to your average ticket. You wouldn't want to represent yourself unless you're comfortable with the Courts and trial process.
It's not a mistake, it's just that the ramifications for being convicted are pretty serious compared to your average ticket. You wouldn't want to represent yourself unless you're comfortable with the Courts and trial process.
Are you assuming that the only time you should hire someone is IF you've done something wrong?
KELCRAW wrote:
I would prefer to do this without hiring anyone, since I really feel I havent done anything wrong.
Are you assuming that the only time you should hire someone is IF you've done something wrong?
* 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
I called my insurance company and had them send me a copy of the incident report as I was not given one at the time of the accident. It says on the report that I was the one who hit the car in front of me first and caused a chain reaction and am 100% responsible for the accident. I am 100% sure without a doubt in my mind that I was rear ended before I hit the car in front of me. Does it make a difference? What do you suggest I do now?
I called my insurance company and had them send me a copy of the incident report as I was not given one at the time of the accident. It says on the report that I was the one who hit the car in front of me first and caused a chain reaction and am 100% responsible for the accident. I am 100% sure without a doubt in my mind that I was rear ended before I hit the car in front of me. Does it make a difference? What do you suggest I do now?
Well that explains the careless driving charge... It does make a difference. If you got hit first and got slammed into the vehicle in front of you, that's a completely different situation for insurance purposes. You could dispute it, but it will take some time. The question is, how did they figure that you were the first one to cause an impact?
Well that explains the careless driving charge...
It does make a difference. If you got hit first and got slammed into the vehicle in front of you, that's a completely different situation for insurance purposes. You could dispute it, but it will take some time. The question is, how did they figure that you were the first one to cause an impact?
* 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
Not sure really. The officer didn't even talk to us. So insurance says because of the incident report we are 100 percent at fault, if we can prove that we were pushed will that change in the eyes of the insurance company? Wouldn't the fact that the rear of my car had massive damage and only a scratch to the front be some sort of proof? If I hit the front car first and was then rearended would there not be more damage to the front of my car?
Not sure really. The officer didn't even talk to us. So insurance says because of the incident report we are 100 percent at fault, if we can prove that we were pushed will that change in the eyes of the insurance company? Wouldn't the fact that the rear of my car had massive damage and only a scratch to the front be some sort of proof? If I hit the front car first and was then rearended would there not be more damage to the front of my car?
Yes. It's a completely different scenario according to the Fault Determination Rules, which the insurance companies use to determine who is "at fault." If you don't have some photographs of the collision scene or your car, see if the auto body shop has them and/or can provide them. (Not sure if they would.) Send them to the insurance adjuster and see if that changes anything. I suppose you could've tapped the bumper of the car in front of you, then been severely rear-ended by the guy behind you... but there probably would've been more damage to the front of your vehicle (as you said). Who did the officer talk to, anyway?
KELCRAW wrote:
So insurance says because of the incident report we are 100 percent at fault, if we can prove that we were pushed will that change in the eyes of the insurance company?
Yes. It's a completely different scenario according to the Fault Determination Rules, which the insurance companies use to determine who is "at fault."
KELCRAW wrote:
Wouldn't the fact that the rear of my car had massive damage and only a scratch to the front be some sort of proof?
If you don't have some photographs of the collision scene or your car, see if the auto body shop has them and/or can provide them. (Not sure if they would.) Send them to the insurance adjuster and see if that changes anything.
KELCRAW wrote:
If I hit the front car first and was then rearended would there not be more damage to the front of my car?
I suppose you could've tapped the bumper of the car in front of you, then been severely rear-ended by the guy behind you... but there probably would've been more damage to the front of your vehicle (as you said).
Who did the officer talk to, anyway?
* 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
It seemed to me that he only talked to the person in front of me. From the time the accident happened until we were released was only 25 minutes so he really didn't have time to talk to anyone, but he wrote on the incident report that the front car was slowing to a stop when I hit him. So apparently he talked to him.
It seemed to me that he only talked to the person in front of me. From the time the accident happened until we were released was only 25 minutes so he really didn't have time to talk to anyone, but he wrote on the incident report that the front car was slowing to a stop when I hit him. So apparently he talked to him.
I just found out that the amount of the fine on my ticket is also incorrect. I guess it is minimum 400.00 now (it changed 6 months ago a cop told me). Mine says 325.00. What are my chances of getting this thrown out now? Isnt the fine amount a fatal error?
I just found out that the amount of the fine on my ticket is also incorrect. I guess it is minimum 400.00 now (it changed 6 months ago a cop told me). Mine says 325.00. What are my chances of getting this thrown out now? Isnt the fine amount a fatal error?
Did you get summoned to court or is it a Provincial Offences Notice (part I)? The total payable should be $490, set fine of $400. If he wrote a set fine of $265 with a total payable of $325, you have a fatal error on your ticket, my friend... but only if it is a Part I notice and not a Summons.
Did you get summoned to court or is it a Provincial Offences Notice (part I)? The total payable should be $490, set fine of $400. If he wrote a set fine of $265 with a total payable of $325, you have a fatal error on your ticket, my friend... but only if it is a Part I notice and not a Summons.
* 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
When police lay a highway traffic act charge, they can proceed with a regular offence notice (a ticket) or summons. A summons requires you to attend Court, and is typically used for more serious charges, especially those with no set fine. If you had been given a summons, the errors that would result in a normal ticket being thrown out, don't apply. It doesn't sound like you were given a summons however, since there is a fine listed on your ticket. Summons do not list any fine, since it's to be set by the Court upon conviction.
When police lay a highway traffic act charge, they can proceed with a regular offence notice (a ticket) or summons. A summons requires you to attend Court, and is typically used for more serious charges, especially those with no set fine. If you had been given a summons, the errors that would result in a normal ticket being thrown out, don't apply.
It doesn't sound like you were given a summons however, since there is a fine listed on your ticket. Summons do not list any fine, since it's to be set by the Court upon conviction.
Just a follow up.....Our paralegal went to my first attendance meeting yesterday and everything was dropped , no charges, no fine and no points. Now I am wondering if we will get our deductable back from our insurance company?
Just a follow up.....Our paralegal went to my first attendance meeting yesterday and everything was dropped , no charges, no fine and no points. Now I am wondering if we will get our deductable back from our insurance company?
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
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…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
Careless
.