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Conversion Statute
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PostPosted: Mon May 14, 2012 1:09 pm 
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Joined: Mon May 14, 2012 12:57 pm
Posts: 4
Good afternoon all,

Last August I was travelling towards the entrance of Dufferin County where there is a sign that states:
Image
as you can see there have been many accidents, injuries and fatalites in the stretch of road ahead.

Luckily, I'm not dead nor did i get injured. But i can add a +1 to accidents.
I nicked the gravel on the outside of the lane and spun out of control, rolled my car and smashed up a guard rail pretty bad.

My traffic ticket says Careless Driving
Contratry to: Highway Traffic Act (no act number was noted on the ticket)

I chose to take this to trial as the officer suggested and get it reduced.

The NOTICE OF TRIAL that i received in the mail says that i committed the offence of COVERSION STATUTE contrary to the HIGHWAY TRAFFIC ACT section 99999(999)(999)

Can my case be thrown out on this technicality?

Thank you !!

Mike


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Re: Conversion Statute
PostPosted: Mon May 14, 2012 1:24 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
No, errors on the notice to trial aren't relevant, only the ticket itself.


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Re: Conversion Statute
PostPosted: Mon May 14, 2012 1:27 pm 
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Joined: Mon May 14, 2012 12:57 pm
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Stanton wrote:
No, errors on the notice to trial aren't relevant, only the ticket itself.


Thank you for your answer.

Any tips on how I can have a softer charge on this one?
I smashed my car Aug 11,2011
Trial date is May 23, 2012


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Re: Conversion Statute
PostPosted: Mon May 14, 2012 1:39 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You'll want to talk with the Crown prior to the start of your trial, see if they're willing to offer you a plea deal to a less serious charge.

One that comes to mind is "Leave roadway - Not in Safety", 142(1) HTA. Only carries 2 demerit points and would have a much less serious impact on your insurance rates.


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Re: Conversion Statute
PostPosted: Mon May 14, 2012 2:07 pm 
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Joined: Mon May 14, 2012 12:57 pm
Posts: 4
Stanton wrote:
You'll want to talk with the Crown prior to the start of your trial, see if they're willing to offer you a plea deal to a less serious charge.

One that comes to mind is "Leave roadway - Not in Safety", 142(1) HTA. Only carries 2 demerit points and would have a much less serious impact on your insurance rates.


Thank you


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Re: Conversion Statute
PostPosted: Mon May 14, 2012 3:31 pm 
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Joined: Wed Nov 30, 2011 2:30 pm
Posts: 20
Did anyone witness your careless driving? Just because your car was wrecked doesn't mean you were careless. I know of one case where this was the situation and the JP through it out.


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Re: Conversion Statute
PostPosted: Mon May 14, 2012 3:41 pm 
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Joined: Mon May 14, 2012 12:57 pm
Posts: 4
syntst wrote:
Did anyone witness your careless driving? Just because your car was wrecked doesn't mean you were careless. I know of one case where this was the situation and the JP through it out.


The lady who was in the car infront of me saw my car roll off the road and she stopped. She also gave a statement too i think. I wasn't careless at all. I was paying attention, it's just a very dangerous stretch of road. The speed limit is 80km and it's very hilly and in some areas hilly and windy. With your foot off the gas you can easily coast +100km/h with tight turns up ahead.

I was driving close to the outside of the lane because cars travel 100km+ and it's only one lane each way with no barrier in between.
i just slightly went over the white line and 3 inches to the right of the white line is gravel. As soon as i nicked the gravel i lost control, over compensated and rolled 1.5 times.


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