Help: Careless Driving

anon
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Help: Careless Driving

by: anon on
Wed Feb 19, 2014 6:28 pm

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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highwaystar
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by: highwaystar on
Wed Feb 19, 2014 8:08 pm

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.


anon
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by: anon on
Wed Feb 19, 2014 8:37 pm

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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highwaystar
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by: highwaystar on
Wed Feb 19, 2014 9:29 pm

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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by: viper1 on
Thu Feb 20, 2014 4:15 pm

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"


anon
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by: anon on
Fri Feb 21, 2014 6:42 pm

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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by: iFly55 on
Fri Feb 21, 2014 6:47 pm

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?
http://www.ontariohighwaytrafficact.com/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.


anon
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by: anon on
Fri Feb 21, 2014 7:04 pm

iFly55 wrote: http://www.ontariohighwaytrafficact.com/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?


iFly55
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by: iFly55 on
Fri Feb 21, 2014 7:19 pm

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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