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Ontario Highway Traffic Act

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Need some help
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PostPosted: Mon May 15, 2017 4:21 am 
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Joined: Mon May 15, 2017 4:11 am
Posts: 1
Looking to see if anybody could help me I don't have the funds to hire somebody. Couple months back I got a careless driving ticket. Was going down Bloor st was going a bit over the speed limit my way was clear no traffic what's so ever on the other side of the street the was a bit of traffic. As I approach the intersection somebody made a left turn in front of me. I quickly reacted drove around them and avoided hitting them but my car ended up spinnig out and hitting a tree. Police came took a look at the scene and ended up handing me a careless driving ticket. Iv never had to deal with anything like this any advise given is greatly appreciated from me


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Re: Need some help
PostPosted: Mon May 15, 2017 10:46 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial with the trial date, you can then request disclosure (copy of officers notes, witness statements). Once you get the disclosure, scan and post here so we can review.

If you tried to avoid hitting another vehicle, it does not sound like careless driving to me, however I am not the one you need to convince.

Careless is a hard charge for the prosecution to prove, so most likely if you showed up for a trial, they would offer you a reduced charge. But we need to see the disclosure first before we can really know if you have a good defence or not.

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+++ This is not legal advice, only my opinion +++


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Re: Need some help
PostPosted: Mon May 15, 2017 5:02 pm 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 772
If it happened as you say then I do not see a Careless charge being successful. This might be one of the times when it would be beneficial to take the stand as you don't believe you were driving carelessly as opposed to the norm of not taking the stand because you did but want to see if you can cast doubt on the crown's case.

I would definately follow jsherk's advice and see the disclosure.

Mind you Bloor does not have a high speed limit so to 'spin out' you likely were doing more than a 'bit' over the speed limit - unless it was wet or icy perhaps.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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