careless-why

TUREK
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careless-why

by: TUREK on
Tue Sep 29, 2009 10:57 pm

hi, just wanted to see what do you all think of that,
one day I was travelling north on straight road when next thing I see a car coming out of the plaza with intentions of making a let turn, i noticed him moved a little to the incoming lanes (it was safe no cars coming down) and did not make it, he ramed my entire pass. side towadrds the back, mostly. the car span around. police came, there was a witness stating I was going little too fast, well i was charged with careless, why?
I don't get it, if he faild to yield, and made improper left turn since there is an undivided left lane in the middle of the road why was I charged?


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by: TUREK on
Tue Sep 29, 2009 11:01 pm

I'm sorry, just to clarify, I moved into incoming lane and it is yellow undivided lane


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by: racer on
Wed Sep 30, 2009 8:59 am

Police like to slap people with careless, especially in accidents. From what I gather, you were travelling at around the speed limit when you saw the other vehicle make a left turn. Then you tried to go around that vehicle and went around him by veering left. There is nothing careless about that, you actually tried to avoid a collision. Send the ticket in to fight, get the disclosure. Unless there is something missing in your description, a paralegal like X-Copper should have no problem ripping this one apart into small pieces.

Now, what is about the "going a little too fast" business? What is the speed limit there and how fast were you really travelling?
"The more laws, the less justice" - Marcus Tullius Cicero
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TUREK
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by: TUREK on
Wed Sep 30, 2009 3:36 pm

there is not a lie to what I had wrriten simply because I don't need to, this is why I don't use street names and make of cars so no one knows who is who, the speed limit is 50, I was going around 65 more less,
I heard the driver said that I lost control of my vechicle and this is why I sverved and because of that he hit me, I can chop of my both hands if I lie I never lost control of my car before being hit, when he hit me I span


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by: Radar Identified on
Wed Sep 30, 2009 3:42 pm

Paralegal would easily discredit the witness who said you were "going a little too fast." Was the witness in another vehicle following you, or was the witness at the roadside? The officer did not witness the collision, so had to go on evidence from witnesses before deciding who to charge, and with what. And as racer said, careless driving is used quite a bit. The officer's notes would hopefully provide some insight.

Also, the vehicle emerged from the parking lot without a proper check of the road conditions and traffic. You made an effort to avoid it, but were unable to. The Crown may offer a reduced charge. If everything is as you said it was, don't take the offer. Fight it on the original charge of careless. While careless driving has some serious consequences, it is also one of the hardest charges for them to prove.


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by: TUREK on
Wed Sep 30, 2009 3:48 pm

I passed the witness earlier down the road


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by: TUREK on
Wed Sep 30, 2009 6:44 pm

I found out this witness said I was going at 100 km/h!
this is insane, it was 4 pm as I passed the witness there was no cars in front therefore it was more relax cruise, I use this street everyday, sometimes few times, I never speed there or at any other residential roads, wtf going a 100 it's crazy talk


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by: Radar Identified on
Wed Sep 30, 2009 11:18 pm

100 km/h?! Get a paralegal on that one. An experienced agent would be able to get that witness's evidence tossed. Can you recall if the witness was driving substantially below the speed limit at the time?

A lot of people overestimate things when dramatic events occur. Example: Last year, there was a two-car crash on my street (actually - 3 or 4 times a week there's a crash on my street but that's a different matter). Pontiac turned left in front of a Cadillac, he broadsided her and spun the Pontiac around. Speed limit on my street is 60 km/h. Witnesses estimated the Caddy's speed at between 80 and 130 km/h. :shock: (Yeah, right, if it had been 130 km/h, the Pontiac would've been cut in half and she would've been dead.) I later found out (actually witnessed the thing go to court, driver who turned left fought her charge of Left Turn - Not in Safety, claiming the Caddy was going too fast), Toronto Police Traffic Services determined that the actual speed of the Cadillac was 71 km/h. Maybe the same eyewitness bias thing happened with you...?

Did the officer take any measurements to determine your speed (skid marks, impact damage), or did he rely on the eyewitness statements? Do you know if he took photographs? My suggestion for the time being is to go back and re-visit the scene of the collision. Put together some notes, if you haven't already. Also keep copies of all of the paperwork from the shop that fixed your car. The more information you have showing that you were driving well under 100 km/h, and much closer to 50 km/h, the better it will be for you in court.


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by: racer on
Thu Oct 01, 2009 12:00 am

A 1:shock::shock: clicks:?: That would've put you 50 over!

I really think that the emotional witness said "that guy was going like a hundred!".
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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by: TUREK on
Fri Oct 02, 2009 2:20 pm

there was a two van race at around 40-45, the witness was on bike behind one and I was behind the other, when the gap opened up I used it and drove off, so the witness coul only see me driving away, the officer counted a sid mark with his feet, I'mm not sure if it was a mark where I span or where I svervd, I only have pictures of my car and regred I never took pictures of the other car,


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by: OTTLegal on
Sat Oct 03, 2009 9:10 pm

Sounds like the wrong charge to me....

The definition of careless driving is,
Driving without due care and attention and consideration for other drivers, doesnt sound to me like the charge they gave you fits the situation...
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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