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Help: Careless Driving
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PostPosted: Wed Feb 19, 2014 7:28 pm 
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Joined: Wed Feb 19, 2014 7:13 pm
Posts: 5
Here is my situation:

Around 8:30PM a few days ago, I stopped at intersection on left lane, waiting for green light, there was another car in front of me, the light turned green, on the right lane, two cars already passed, I released my brake thought the other car would move but it didn't, I ended up rear-ended the other car in front of me, since the speed is very slow, my car has no damage, the other car has a small dent in rear bumper, the other driver came out of car with his phone calling 911, I asked him to exchange information but he said it is not necessary. he did not even checked his car. later on the officer charged me careless driving. I want to fight but have no clue how. any input will be highly appreciated.

WS

PS - I just got G2 last year.


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Re: Help: Careless Driving
PostPosted: Wed Feb 19, 2014 7:45 pm 
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Joined: Tue Oct 22, 2013 2:57 pm
Posts: 40
Have a look at this link,

post31870.html#p31870

Then perhaps post any question(s).


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Re: Help: Careless Driving
PostPosted: Wed Feb 19, 2014 8:38 pm 
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Joined: Wed Feb 19, 2014 7:13 pm
Posts: 5
karra wrote:
Have a look at this link,

post31870.html#p31870

Then perhaps post any question(s).


I would like to hire a professional for help, and I don't want to just reduce charge, but I am not sure if it is possible.


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Re: Help: Careless Driving
PostPosted: Wed Feb 19, 2014 9:08 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
You certainly can hire a professional and take the case all the way to trial. No one is going to force you to accept a plea (i.e. to a lesser charge). After all, its your constitutional right to put the Crown/Prosecution's case to the test (i.e. presumption of innocence).

So, if you want to go to trial, simply retain a professional and instruct them as such. They'll be glad to help out. Of course, going to trial doesn't mean you'll win---it just means you've decided to make the prosecution try to prove its case.


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Re: Help: Careless Driving
PostPosted: Wed Feb 19, 2014 9:37 pm 
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Joined: Wed Feb 19, 2014 7:13 pm
Posts: 5
highwaystar wrote:
You certainly can hire a professional and take the case all the way to trial. No one is going to force you to accept a plea (i.e. to a lesser charge). After all, its your constitutional right to put the Crown/Prosecution's case to the test (i.e. presumption of innocence).

So, if you want to go to trial, simply retain a professional and instruct them as such. They'll be glad to help out. Of course, going to trial doesn't mean you'll win---it just means you've decided to make the prosecution try to prove its case.


In your opinion, which is most likely to happen, lesser charge or win? thank you.


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Re: Help: Careless Driving
PostPosted: Wed Feb 19, 2014 10:29 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
It can be reduced to "Start from stopped position--not in safety" {section 142(2)} which only carries 2 points. If they don't automatically offer it at the resolution meeting, then you should suggest it.


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Re: Help: Careless Driving
PostPosted: Thu Feb 20, 2014 5:15 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
anon wrote:
Here is my situation:

Around 8:30PM a few days ago, I stopped at intersection on left lane, waiting for green light, there was another car in front of me, the light turned green, on the right lane, two cars already passed, I released my brake thought the other car would move but it didn't, I ended up rear-ended the other car in front of me, since the speed is very slow, my car has no damage, the other car has a small dent in rear bumper, the other driver came out of car with his phone calling 911, I asked him to exchange information but he said it is not necessary. he did not even checked his car. later on the officer charged me careless driving. I want to fight but have no clue how. any input will be highly appreciated.

WS

PS - I just got G2 last year.



I have had driver's do similar to me. In my case they were trying to "stage" an accident. He turned left correctly then
hit his brakes hard. I was lucky and stopped too.

They do something totally unexpected.

It may not apply to you.

Anyway it is something to consider.

Cheers
Viper1

_________________
"hang onto your chair when reading my posts
use at your own risk"


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Re: Help: Careless Driving
PostPosted: Fri Feb 21, 2014 7:42 pm 
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Newbie

Joined: Wed Feb 19, 2014 7:13 pm
Posts: 5
Thanks everyone!

Updated on my ticket: I carefully examine my ticket again and found that my name was spelled wrong on the ticket, is this fatal error? I would like to know:

Do I still need to request trial option within 15 days? if yes, can prosecutor or judge correct the name right away to make it valid?


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Re: Help: Careless Driving
PostPosted: Fri Feb 21, 2014 7:47 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
anon wrote:
Thanks everyone!

Updated on my ticket: I carefully examine my ticket again and found that my name was spelled wrong on the ticket, is this fatal error? I would like to know:

Do I still need to request trial option within 15 days? if yes, can prosecutor or judge correct the name right away to make it valid?

topic1965.html

Misspelled name is not a fatal error and does not invalidate the ticket. You must request the trial option within the allotted 15-days.


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Re: Help: Careless Driving
PostPosted: Fri Feb 21, 2014 8:04 pm 
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Joined: Wed Feb 19, 2014 7:13 pm
Posts: 5
iFly55 wrote:
topic1965.html

Misspelled name is not a fatal error and does not invalidate the ticket. You must request the trial option within the allotted 15-days.



I see, I just did a search, saw someone point out that this can be used to force fatal error by doing nothing. After convicted, I appeal based on this error, at that time it is fatal error, is this true?


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Re: Help: Careless Driving
PostPosted: Fri Feb 21, 2014 8:19 pm 
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Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
The London v. Young strategy only works if there is a fatal error on the face of the ticket. A misspelled name is NOT a fatal error.

If you ignore the ticket, you will be convicted in absentia for Careless Driving which carries 6 demerit points, $490 fine and a high risk of losing auto-insurance.


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