I Left my friend house , it was raining,the road was slippery I was driving around 45km/h when I was approaching the corner I was at 40km/h, I entered the corner at 40/h and noticed that I was going to fast, I pressed the brakes, then the car skidded then I pressed them harder and turned the car to avoid other cars and then I hit the pole. The pole dropped and landed on the driveway. Cop came ask me what happened, then went on to straight assume I was speeding , asked how much passengers was in the car I told her 3, she ask for my papers and stuff then left and sat in her cruiser and wrote a careless driving ticket. Since im on my g2 that is 6 demerit and skyrocketed insurance. She told me my best chance is to plead guilty with an explanation, but the wont help with the demerit points. WHAT SHOULD I DO?
HIT POLE- NEED ADVICE ASAP
Re: HIT POLE- NEED ADVICE ASAP
First and foremost, ignore her advice to "plea guilty with an explanation" - she had straight out lied to you (not a legal advice, just a warning!). A guilty plea with an explanation is still exactly that - a guilty plea. The best course of action to follow would be to plead "not guilty". This way you can get the notes that the police officer wrote about the incident, and see what she wrote. This may (or may not) shed some light on what exactly the officer "saw" on the scene of the accident. Whether or not what she saw is enough evidence to convict you of "Careless Driving" remains to be seen, it gives you some more time to consider the best course of action for yourself - be it preparing your own defense, getting some legal help from a paralegal or a lawyer (I'd pick a paralegal TBH, lawyers deal with other matters most of the time), no matter - you can always "plead guilty with an explanation" after you see the prosecutor (Crown attorney) in your first attendance meeting.
Your chances to win, as in have the entire ticket dismissed, are not all that great to be honest with you. There are some technicalities that can be used to do exactly that, but the chances are slim, and depend on scheduling, disclosure, etc. Having said that, a "not guilty" checkbox leaves a windows of opportunity for you to talk to the crown attorney and agree to a reduced charge in the worst case scenario, and, in this case, near anything will be better than the "Careless Driving". Quite frankly, the collision is enough to raise your insurance rates as it is, so don't count on no increase there whatsoever, but you can at the very least limit the damage done if you can get your ticket reduced. Once again, ticking off "guilty with an explanation" will not get you anywhere close to reducing your ticket.
In short:
1. Plea "not guilty" on your ticket
1.a - ask here if you get any mail that bothers you from the court, or anything you are not sure about (repeat for any step below)
2. File a "Disclosure request" (this site has many references to it, make good use of the "Search" feature provided)
3. See what the disclosure package has in it
4. Post here again with details of what the disclosure said. The more details the better - that excludes your personal details!!!!!!!!!!!!! *I* *DO* *NOT* *WANT* *TO* *KNOW* *WHO* *YOU* *ARE*, *LET* *ALONE* *KNOW* *WHAT* *YOU* *WERE* *CHARGED* *WITH* - this is standard Canada Privacy Act stuff that forbids us, or anyone else, to ask you for that information. Some people (none that I know on this board) are not as scrupulous as that, but this board is not limited to people who have registered either.
5. Get an answer. Read the answer. Act the answer. Something will be clear after you receive (and post) your disclosure.
6. Good luck with having your charge dropped/dismissed/reduced!
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
Re: HIT POLE- NEED ADVICE ASAP
Agreed. Majority of careless driving charges get plead out to a lesser charge. See if the Crown is willing to offer a plea up front, or seek legal representation. Based on your own statement, I think there is a reasonable prospect of conviction at trial if there is evidence to support the facts.
Similar Topics
-
-
-
HELP!! Licence suspended - Need advice ASAP please
- Posted in General Talk
- By Ariell on
- Replies: 2
-
-
-
-
- NEED HELP ASAP
- Posted in Following too closely
- By emmab on
- Replies: 4
-
-
-
- Need help asap
- Posted in Traffic Offences Outside Ontario
- By Ertl123 on
- Replies: 3
-
-
-
- will this appear on a police record check..Need to know ASAP
- Posted in Criminal Offences
- By thatguy on
- Replies: 2
-
-
-
- Meeting with the prosecutor tomorrow, need help ASAP!
- Posted in Hand-held devices
- By bachodi on
- Replies: 11
-
-
-
- Hitting a city sign pole
- Posted in Failing to remain at the scene of a collision
- By oppositeset on
- Replies: 7
-
-
-
- Crashed Car Into Hydro Pole
- Posted in Careless Driving
- By vince2000 on
- Replies: 12
-
-
-
- Failure to remain for scraping a pole?
- Posted in Failing to remain at the scene of a collision
- By Jonathan on
- Replies: 8
-
-
-
- hit by drunk driver need advice
- Posted in General Talk
- By tjpounder on
- Replies: 3
-
-
-
- [TURN-NOT IN SAFETY] Help please asap?
- Posted in Improper left turn
- By Syntaxx on
-
-
-
- HTA cited incorrectly, fatal error? pic attached help ASAP
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By jayjonbeach on
- Replies: 6
-
-
-
- parking lot hit and run. need help
- Posted in Failing to remain at the scene of a collision
- By bhbnuckle on
- Replies: 3
-
-
-
- Just got a ticket - need some advice
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By momoney on
- Replies: 1
-
-
-
- 2 tickets i'd need some advice i think one is invalid
- Posted in General Talk
- By gino4eva on
- Replies: 8
-
-
-
- 4 Tickets, $440, And NEED ADVICE
- Posted in General Talk
- By PrincessKyle on
- Replies: 16
-
-
-
- Need advice: Improper use of HOV lane /No driver license
- Posted in General Talk
- By horus1219 on
- Replies: 13
-
-
-
- 15km over ticket, need some advice
- Posted in General Talk
- By Vysh on
- Replies: 5
-
-
-
- 13(2) Obstructed number plate violation - need advice
- Posted in General Talk
- By jblake on
- Replies: 11
-
-
-
- careless driving charge - need advice
- Posted in Careless Driving
- By alison67 on
- Replies: 5
-
-
-
- Need Advice - Suspended licence though not driving
- Posted in Driving While Suspended
- By SolveARealCrime on
- Replies: 8
-
Featured Topics
Summons for HTA 82 (9)
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Too many points all of a sudden
I'm in a bit of a pickle and hope you generous folks don't mind shedding some light
on my situation.
I have an Ontario driver's license . I've recently received a rash of
tickets 4 of them over the last 12 months or so.
If my trials don't go well I could end up with a suspended license. My
trials are scheduled in a 3 months. I'm moving to PEI in about 2
weeks. As of right now my record shows 0…
Improper left turn
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Manual for Genesis VP Directional?
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I want to see if it specifies a tuning…
Speeding ticket
Hey Guys, I need some help regarding an issue.
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
Tickets and filing 11b
hello guys,
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
After waiting almost 40 mins in my car i…
Accident reports with no damage/payout - insurance effect?
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Failed to stop for school bus
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
Officer forgot to sign the ticket.
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
110 in a 80km while passing?
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
Antique Radar Detector...
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
- Though it is…
S.128 and S.172(1) and s.130 and s.8(1) - is possible all to
Is it possible that one be charged with s.128 and s.172(1) and s.130 and s.8(1) under Reg. 678/90 at the same time?
There were no deviced used to register speed.
It's claimed that I drove 140km/h in the area of 60km/h, which wasn't true. I was speeding, no not anywhere close to this speed (max 100km.h).
How best to defend it?
I was offered to plea guilty to stunt driving with minimu fine, no…
First ticket, reduced to 115 in 100 zone
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
Transport Trucks limited to 105 km/h?
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Putting the trucks down more is just…
Notified of motion to adjourn
Hello,
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
Failing to move to the right for emergency vehicle
Hi all,
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
[Ont]Got a ticket for 13(2) obstructing plate, need help
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
Red light camera ticket. Moving for emergency vehicle
Hello,
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
Thank you
J
151Km/hr in Montreal - Ontario Resident
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
A question about disclosure
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Fail to obey stop sign sec. 136(1)(a)
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
Consequential Curiosity...
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
Due to a lack of communication, my…
I was involved in a major accident and i don't know if I will be charged or not.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
Failure to surrender insurance
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
Do police really…
G2, 1 month from full G test, 49 over. Clarification?
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
I have no problem paying the fine and accepting…
