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Ontario Highway Traffic Act

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How can I best defend myself
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PostPosted: Sun Nov 24, 2013 4:36 pm 
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Joined: Sun Nov 24, 2013 4:22 pm
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I was charged with careless driving in Feb this year because I rear-ended a car. I was engaging on a left turn and - although the street light countdown was still on at 1 right before getting in the intersection (i.e. it wasn't even amber yet) the driver in front of me decided to stop, which took me by surprise. Early resolution meeting was set to a May date, which I attended. Nobody showed up because the 'Crown had not prepared the brief'. They said that a note was mailed out on April 2. but I did not receive anything. So, now it goes to trial (which is tomorrow). How can I best defend myself? I saw a lot of good Samaritans on this forum who are willing to take their time and give advise to a dummy like me, so I really appreciate anything I can get. I have a perfecly clean driving record and drove more than 50K kms since 1999 -- Many thanks. Maria


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Re: How can I best defend myself
PostPosted: Sun Nov 24, 2013 8:16 pm 
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Careless Driving is not an easy charge to defend. It's not so clear cut when it comes to debating what is careless and what isn't.

There's a possibility that you will be offered a plea deal in exchange for your guilt. Your defense of "the driver hit the brakes in front of me when he should have just went" is not going to win anyone over. You have to have enough space in front of you and the other vehicle so that if he comes to a stop for whatever reason (a raccoon jumps out, a kid chasing a ball, a dangerous pothole, a chunk of tire laying on the road), you are prepared to stop in time.

Since the difference between any reduced charge and careless driving is so huge, you should probably consider any offer made available to you.


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