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Ontario Highway Traffic Act

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carless driving charge
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PostPosted: Tue Mar 31, 2009 11:54 am 
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Joined: Tue Mar 31, 2009 11:40 am
Posts: 9
the crown only gave me one day to decide if i will take the plea, because the person i hit is a 71 year old man from North bay -about 6 hours away from me (london) he would only have alittle less than 48 hours notice he has to be in court


the crown offered me "failure to drive in marked lanes" 3 pt $85 fine over careless , but i would like to keep my clean driving record and have it ruled mechanical failure, it seems the only thing they have to make a case around is a statement from a 63 year old man who was sittin in his car at the opposite side of the intersection 150+m behind, i can either prove his statements incorrect or use them to back up my case though.

i have a bunch of threads where the same thing has hapened to people in their RX-7's when i showed the crown the only thing he said is these are from 2 yaers ago so the information was availible, but i hadnt printed them out till 2 days after the accident, i had no clue before ....even still him saying that the information is availible shows that it does happen and it was not my driving conduct that caused me to lose control

heres the story on the accident

all this happened about 150m from the closest edge of the intersection

Back on November 1st 2008, i woke up early after working afternoons to give my g/f a ride to work, while she was finishing getting ready i went to go get coffee's. I drove my 1987 Mazda rx7 Turbo with a Rotary engine(which i found out are more prone to throttles sticking), i went exactly 1km down the road and stopped 2nd at the lights behind a truck, when the light changed i made a proper left hand turn into the inside lane but the truck infront was goin only 20km/h still so i switched to the curb lane shifted to 2nd gear and my throttle was stuck wide open, it was just instinct to hit the brakes but before i could comprehend what was goin on my car shot sideways across 2 lanes into oncomming traffic i missed one car but was goin head on with a van, i tried to get my car over, i avoided the head on collision but clipped the back drivers corner of my car off his drivers side rear wheel,

in the disclosure there were 2 65+ year old men that were the witnesses, the witness that had been sittin at the lights 175m or so behind the accident had said

i went around the corner i was already stepping on the gas (exhaust note of rotary motor is different...2 rotors insted of 4 pistons) i went to go around the the truck then started fish tailing
he estimated my speed to be 70 km/h
when ask when he saw me he said i was in the inside lane then switched to the curb lane and thats when i started fishtailing,he was asked if he could hear me accellerate and he said Yes i was "standing on the gas"
after he was asked if there was anything else he wanted to add, he said i kept sayin my throttle stuck but he think i was just trying to get him on my side (shows his biased opinion, he was being a jerk)

the guy i hit all he said was he was driving along and out of no where this car come sideways out infront of him he turned to the right abit to try to miss me
He was asked if he saw what i did to make my car go sideways he said no but he could see smoke comming from my tires ( because my throttle was stuck wide open and i was holding on the brakes this was in november it was a cool morning around 9:45 am, why else would my tires be smoking)

i have a clean driving record, i had a federal drivers license for 6 years i dont drive crazy i just wanted my morning coffee after workin afternoons the night before


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PostPosted: Fri Apr 03, 2009 2:56 am 
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Joined: Tue Mar 31, 2009 11:40 am
Posts: 9
I called the Prosecutors Bluff turned down the offer to plea for a lessor charge and told him i was goin to take it to trail , I worked on my Defense for a few days,In the end i Had a rock solid Defense, the facts all suggested dilegent driving prior to me losing control, i made the proper left turn into the inside lane and changed lane to pass a slower moving vehicle
, so it wasnt my driving conduct , and the fact that i was said to be standing on the gas and smoke was seen comming from my tires backed my claims about the throttle sticking

due dilligence

i went to court waited till almost 10:30 or so was called in, walked up the prossecutr saidthere was insufficient grounds for a convictionand dismissed the charges....altogether i was in the court rom less than 2 mins, walked out with my clean driving record still intact

one question....how does my insurance look at that,im fixing my car outta pocket, so would they consider it an at fault accident with rate increase? or as if it never happened

http://www.ticketcombat.com/step1/step1.php
this page helped me out HUGE


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PostPosted: Fri Apr 03, 2009 8:37 am 
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Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
If your insurance company is the same as mine, they won't care as long as you have no MTO record and they're not out of pocket any money.


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PostPosted: Fri Apr 03, 2009 2:25 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Bookm wrote:
If your insurance company is the same as mine, they won't care as long as you have no MTO record and they're not out of pocket any money.

Agreed!

But remember that there will be a "Collision" logged under your name on the MTO records as all collisions over $1000, property damage or injury are reportable, meaning a collision report has to be done by the police.

Just remember the collision date, should you change insurance companies or even for yours...so you can tell them" Yes I had a collision on date "x", but did not file a claim and was no HTA conviction for this incident. That way you are honest to them and an insurance application.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Fri Apr 03, 2009 2:29 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Depends on the provider. Your vehicle had a mechanical malfunction, you made a reasonable effort to avoid any collision, you're paying out of your own pocket, and you did not get convicted. So, 90% of insurance companies should not give you any increase. Even if they wanted to raise your rates, I think you'd have enough grounds to go to dispute resolution or arbitration on it.


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