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Ontario Highway Traffic Act

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Charged with careless g2 driver
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PostPosted: Mon Dec 30, 2013 2:56 pm 
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Joined: Mon Dec 30, 2013 2:45 pm
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I was charged with careless driving last week on my way to work. It was approx 7:30 am and very foggy that morning. It was a 2 lane road (4altogether) without a shoulder and when I went to change lanes there was a vehicle broken down in the 2nd live lane of traffic. I tried to brake but couldn't stop in time and rear ended the other driver. Both vehicles were written off. Is there any hope? I'm meeting with the prosecutor in a few weeks. Thanks guys.


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Re: Charged with careless g2 driver
PostPosted: Tue Dec 31, 2013 10:45 am 
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You may want to look at some case law on careless at http://www.canlii.org/en/ to give you a better idea of what is happening when trials occur for careless.

My understanding is that when you meet with the prosecutor you will likely be offered a plea bargain. As a G2 driver, any conviction, including agreed to pleas, resulting in 4 or more demerits, means your licenses is suspended for 30 days under the escultating sanctions rules (http://www.mto.gov.on.ca/english/dandv/ ... .8.1.shtml). Keep in mind insurance companies usually ask about convictions, accidents and suspensions.

To defend against the charge in court you may want to think about seeking legal assistance, as the details matter. It is not enough to say that you hit a car and thus you are guilty of careless driving, and it is not enough to say, it was foggy with low light conditions, I didn't see the car and thus I am not guilty.


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