Hello, I am a novice driver; I just got my G2 licence about three months ago. I am also over 25 years old and I was driving a rental car. I was recently driving downtown Toronto in a 40km/h zone going 20km/h. The driver infront of me suddenly hit the brakes and I hit my brakes as soon as I could. My car touched his vehicle and there was a slightly circular indent on his car made by one of the license plate bolts on my car. The driver asked me to pay cash, to which I felt suspect. Having zero experience with such issues, I decided that it would be best to call the police. I trusted that the police would be able to assess the situation and let me know the appropriate next steps. When the police arrived, he took my information and charged me with careless driving. He also informed me that any accident under $1,000 with no injuries, then you can just exchange insurance information and drive off. Now, feeling extremely stupid, I do not know how to handle the situation. I personally believe that this was a non-event, and I'm unsure why the police officer charged me with careless driving instead of just informing us to exchange information and drive off. The ticket carries 6 points and a $400 fine. I'm planning on getting a car soon and will need to get car insurance. I know if convicted of careless driving, it would be a major deal for me. I am still within 15 days of being charged and I have to go and select my options soon. My questions are: 1) Should I utilize the early resolution option or just go set a trial date immediately? 2) If I go to trial; would this be an absurd incident? Or there is actually some legal grounds that can convict me. 3) Should I hire a traffic ticket lawyer/paralegal? The ones I've spoken to just seems to want to get my money and plea down as soon as possible. I've asked them about trial options and they do not seem too keen on actually going to trial. 4) If I get offered down to 3 pts from early resolution, should I take it? How bad is a three point conviction for insurance purposes. I really can't afford very high insurance rates. 5) Any comments on this situation would be much appreciated. Thank you.
Hello,
I am a novice driver; I just got my G2 licence about three months ago. I am also over 25 years old and I was driving a rental car. I was recently driving downtown Toronto in a 40km/h zone going 20km/h. The driver infront of me suddenly hit the brakes and I hit my brakes as soon as I could. My car touched his vehicle and there was a slightly circular indent on his car made by one of the license plate bolts on my car. The driver asked me to pay cash, to which I felt suspect. Having zero experience with such issues, I decided that it would be best to call the police. I trusted that the police would be able to assess the situation and let me know the appropriate next steps. When the police arrived, he took my information and charged me with careless driving. He also informed me that any accident under $1,000 with no injuries, then you can just exchange insurance information and drive off.
Now, feeling extremely stupid, I do not know how to handle the situation. I personally believe that this was a non-event, and I'm unsure why the police officer charged me with careless driving instead of just informing us to exchange information and drive off. The ticket carries 6 points and a $400 fine. I'm planning on getting a car soon and will need to get car insurance. I know if convicted of careless driving, it would be a major deal for me.
I am still within 15 days of being charged and I have to go and select my options soon.
My questions are:
1) Should I utilize the early resolution option or just go set a trial date immediately?
2) If I go to trial; would this be an absurd incident? Or there is actually some legal grounds that can convict me.
3) Should I hire a traffic ticket lawyer/paralegal? The ones I've spoken to just seems to want to get my money and plea down as soon as possible. I've asked them about trial options and they do not seem too keen on actually going to trial.
4) If I get offered down to 3 pts from early resolution, should I take it? How bad is a three point conviction for insurance purposes. I really can't afford very high insurance rates.
5) Any comments on this situation would be much appreciated.
The fact that the accident was relatively minor doesn't negate the careless charge in itself. The fact that you failed to notice a vehicle stopping in front of you and struck it would be the argument that you were driving without due care. In terms of insurance, any conviction is bad, but careless is considered a major infraction and typically results in your insurance rates doubling at the very least. Insurance companies don't go by points, but a typical 3 point offence would probably just be a minor infraction with less serious rate implications.
The fact that the accident was relatively minor doesn't negate the careless charge in itself. The fact that you failed to notice a vehicle stopping in front of you and struck it would be the argument that you were driving without due care.
In terms of insurance, any conviction is bad, but careless is considered a major infraction and typically results in your insurance rates doubling at the very least. Insurance companies don't go by points, but a typical 3 point offence would probably just be a minor infraction with less serious rate implications.
Calling the police for a rear-end collision, will guarantee the at-fault party a Careless Ticket The other driver will have to appear in court and provide witness testimony to the accident; if the other driver doesn't appear, the charges will be withdrawn If the other driver does appear, you can plead down to S. 141 (5) 'Left turn ‑ fail to afford reasonable opportunity to avoid collision' - $110 and 3 demerit points Do your homework, before you get representation; don't retain plea-bargain firms
Calling the police for a rear-end collision, will guarantee the at-fault party a Careless Ticket
The other driver will have to appear in court and provide witness testimony to the accident; if the other driver doesn't appear, the charges will be withdrawn
If the other driver does appear, you can plead down to S. 141 (5) 'Left turn ‑ fail to afford reasonable opportunity to avoid collision' - $110 and 3 demerit points
Do your homework, before you get representation; don't retain plea-bargain firms
In this situation you won't be able to plea down to 141(5) becaause a left turn wasn't invloved. There are a couple of others available though like "Follow too close" or "Fail to turn out to the left to avoid collision"
In this situation you won't be able to plea down to 141(5) becaause a left turn wasn't invloved. There are a couple of others available though like "Follow too close" or "Fail to turn out to the left to avoid collision"
http://www.e-laws.gov.on.ca/html/statut ... .htm#BK227 whoops S. 148 (5) Fail to turn out to left to avoid collision - 2 demerit points + $110 fine for the longest time i've been confusing the two, thanks for the clarification Decatur
I don't really agree that "careless is kinda hard to prove" it all depends on the circumstance surrounding the collision. If there's no evidence of follow too close (like a long skid into the back of a stopped vehicle) there's a pretty good chance that the driver didn'tn have due care and attention. Careless isn't given out for all accidents at fault either. If there's a specific charge related to the collision then that charge would likely be laid. You'll have to weigh the choice of spending money on a Paralegal versus getting disclosure yourself and speaking to the prosecutor and perhaps getting a reduced charge.
I don't really agree that "careless is kinda hard to prove" it all depends on the circumstance surrounding the collision. If there's no evidence of follow too close (like a long skid into the back of a stopped vehicle) there's a pretty good chance that the driver didn'tn have due care and attention. Careless isn't given out for all accidents at fault either. If there's a specific charge related to the collision then that charge would likely be laid.
You'll have to weigh the choice of spending money on a Paralegal versus getting disclosure yourself and speaking to the prosecutor and perhaps getting a reduced charge.
??? Is this true? Is a "careless driving" charge normally issued for all at-fault collisions? This seems rather severe to me. Oh sure, I see how it would be hard to argue that you WERE "driving with due care and attention" if you cause a collision. But why should this be the go-to charge when there are so many other HTA sections to cover so many different driving errors which lead to crashes? And the potential harm caused in a collision can vary tremendously, from as little as a paint scratch to as much as personal injury or death.
admin wrote:
Yes contact a Paralegal, theres a form at bottom...Note careless is kind a hard to prove, but its also given out for all accidents at fault.
???
Is this true? Is a "careless driving" charge normally issued for all at-fault collisions? This seems rather severe to me.
Oh sure, I see how it would be hard to argue that you WERE "driving with due care and attention" if you cause a collision. But why should this be the go-to charge when there are so many other HTA sections to cover so many different driving errors which lead to crashes? And the potential harm caused in a collision can vary tremendously, from as little as a paint scratch to as much as personal injury or death.
That depends on the officer. A few will use that as a "normal" charge in this situation, but most will not. In this case, however, one interpretation is that you can't "follow" a stopped vehicle, so they don't use Follow Too Closely if you hit a stopped vehicle... leaving Careless Driving as the most suitable option. Severe, yes, but the black-and-white view is: How can you be driving with due care and attention if you hit a stationary object? In any case, if I were charged with Careless Driving, I'd absolutely get legal representation. Oh and yes, never give anyone cash at the roadside. If you want to settle it outside of insurance, only pay the repair shop, and only after they've obtained at least two (preferably three or more) quotes.
CliffClaven wrote:
Is this true? Is a "careless driving" charge normally issued for all at-fault collisions?
That depends on the officer. A few will use that as a "normal" charge in this situation, but most will not. In this case, however, one interpretation is that you can't "follow" a stopped vehicle, so they don't use Follow Too Closely if you hit a stopped vehicle... leaving Careless Driving as the most suitable option. Severe, yes, but the black-and-white view is: How can you be driving with due care and attention if you hit a stationary object?
In any case, if I were charged with Careless Driving, I'd absolutely get legal representation.
Oh and yes, never give anyone cash at the roadside. If you want to settle it outside of insurance, only pay the repair shop, and only after they've obtained at least two (preferably three or more) quotes.
* 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
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.