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Ontario Highway Traffic Act

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carless driving
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PostPosted: Fri Nov 27, 2009 12:21 pm 
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Joined: Sat Nov 21, 2009 3:39 pm
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hello all ,just got a careless driving ticket. haven't had a ticket in 25 years (yes i know it doesn't change things) anyway i was driving on hwy 8 in kitchener trafic but moving steadly truck infront just comes to dead stop tried to aviod could not go into right lane traffic so tried to go to left hit gaurd rail and than hit back of truck


Last edited by beerguy on Wed Jan 06, 2010 11:19 am, edited 1 time in total.

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Re: carless driving
PostPosted: Sat Nov 28, 2009 8:56 am 
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Location: somewhere in traffic
beerguy wrote:
hello all ,just got a careless driving ticket. haven't had a ticket in 25 years (yes i know it doesn't change things) anyway i was driving on hwy 8 in kitchener trafic but moving steadly trunk infront just comes to dead stop tried to aviod could not go into right lane cars so tried to go to right hit gaurd rail and than hitt back of truck


You were following too close, not necessarily careless..........You may want a representative

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Thu Dec 10, 2009 11:51 pm 
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This is a follow-up to a post on a locked thread... it's easier for us to offer advice if we can find all of your story and the developments in a single thread (which is why the others were locked by hwybear)...

beerguy wrote:
i have requested disclosure back on Nov 26 for a 1st attendance meeting on Jan 22 2010 but i haven't received anything yet. i faxed my request! is there anything i should do now or wait?


If you faxed disclosure on Nov 26, usually it takes 6-8 weeks for it to be ready. The fact that it has not arrived yet is not surprising. First Attendance is merely a meeting with the Prosecutor to try to reach a resolution. Disclosure does not have to be ready by then as you are not going to trial on that date. The Prosecutor may offer you a reduced charge, such as follow too closely, or fail to turn left to avoid a collision. See what they offer, if anything.

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* 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


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PostPosted: Fri Dec 11, 2009 6:48 pm 
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First attendance is a non winning process (and not yet legislated either).

I always advise my clients not to rush into guilty pleas for anything untill disclosure was reviewed.

By the way, prosecution should not offer any resolutions untill they are satisfied that there is reasonable prospect of conviction.

What are your options......see for yourself.


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carless driving
PostPosted: Sat Dec 12, 2009 7:37 pm 
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thanks Traffic Law , i will wait and see what is said at Frist Attendance ?


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PostPosted: Tue Dec 22, 2009 5:23 pm 
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Hi, I got into a accident today at the same spot as you Beerguy!

Got a careless driving charge as well (had a speeding ticket conviction before of 10kph over and that's it for convictions, been driving with a G license for 9 years or so).

I hit another car, rather than a truck. The other car had damage, but the driver wasn't injured. Neither was I.

I'm curious to see how your charges are turning out, as I plan to fight mine ofcourse as well.

What steps have you gone through so far?


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PostPosted: Tue Dec 22, 2009 5:55 pm 
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kparamsothy,

First off, welcome to the forum!
If you got a ticket, then:
1. File it with "Option 3" AND "Officer present" both checked off, read over www.ticketcombat.com
2. Wait for court date
3. File for disclosure
4. Post back here when you receive disclosure, or not receive it after 8 weeks after you filed for it
5. Post here a month before court date.

If you got summons, then you need to go to court on the appointed date to see what you were charged with. Usually more serious offences.

Now, "Careless Driving" is a major charge, which might cause your insurer to drop you. In that case you will need to go to a special insurers who specialize in "High-risk" drivers, and thus causing insurance to more or less double. You might want to consider legal help here. We have a free, no-obligation paralegal quote form on the bottom of the site you can fill out.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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