It is a very simple matter to attend an early resolution meeting and request a plea to a lesser charge. For example: I've been charged with careless for bumping into the rear end of another vehicle in an accident where there was no visible damage. The proper charge should probably have been following too closely which was what I agreed to plead guilty to. Careles at the time was 6 demerit pts. and following too closely was 2 or 3 pts. , much better deal. Fine is lower as well. I sometimes think cops use careless as sort of a blanket charge because they want to get the highest fine out of you , or they're just too dumb to determine the proper charge. In any case, I've been charged with careless at least 4 times that I can remember (thats over 40 yrs.), and it has never held up because I refused to plead guilty to it. In reality the prosecutors agreed every time to allow a guilty plea to a lesser charge. Good luck courting!!!!
-
Selectrick
- Newbie

- Posts: 2
- Joined: Thu Jul 04, 2013 6:11 am
Never,never, NEVER plead guilty to Careless!!!!!!!
Re: Never,never, NEVER plead guilty to Careless!!!!!!!
When police lay a careless driving charge in rear end collisions, it's not to seek a higher fine nor is it due to police being unfamiliar with the law. If anything the opposite is true. To prove the offence of following too closely, the act of striking a car from behind is NOT sufficient evidence in itself. For a conviction at trial, there must be some additional evidence that the at fault driver was not leaving sufficient room between vehicles. It's arguably easier to prove the at fault driver was careless versus following too closely in rear end collisions, hence why the charge is so common in such situations.
That being said I would fully agree that it's never wise to blindly plead guilty to careless driving. Research your options including seeking a plea deal to a lesser offence.
-
tdottopcop
- Member

- Posts: 138
- Joined: Fri Sep 30, 2011 8:42 am
Re: Never,never, NEVER plead guilty to Careless!!!!!!!
Selectrick wrote:
...or they're just too dumb to determine the proper charge
LOL says the guy who has been charged with Careless Driving four times. Maybe learn to drive a car before you call police dumb.
No, I do not work for Toronto Police...
... it is just a name folks
Re: Never,never, NEVER plead guilty to Careless!!!!!!!
As an intelligent police officer I'll explain the following: EVERY COLLISION INVOLVES A DEGREE OF CARELESSNESS by one or both drivers. I have never laid a careless to 'get more money' out of a driver, my salary is fixed at a certain level and I live very comfortably on it.
Careless is the easiest charge to prove, so I lay that charge and ALWAYS tell my drivers (the charged party), check of EARLY RESOLUTION and go make a deal unless you feel you are truly not at fault.
The party at fault will always be convicted of a lesser offence (Follow Too Close, Change Lane, Not In Safety), feel they got a victory (reduction)...charge high / settle lower was what a prosecutor told me once.
Re: Never,never, NEVER plead guilty to Careless!!!!!!!
@FyreStorm - I am curious of how many careless driving charges that ended up in a conviction when an actual trial is held in your experience?
I thought that charge would be the most difficult to get a conviction at trial.
If there is no trial ever held due to plea barganing for a lesser charge, then that says nothing about the ease of proving a careless driving charge.
Similar Topics
-
-
- Should I plead guilty or not guilty for stunt driving?
- Posted in Stunt Driving
- By broman on
- Replies: 10
-
-
-
- Plead guilty or trial?
- Posted in General Talk
- By neiu on
- Replies: 6
-
-
-
- Red Light Camera Offence - should I plead guilty?
- Posted in General Talk
- By danceparty on
- Replies: 1
-
-
-
- how to plead not guilty?
- Posted in Careless Driving
- By gwt on
- Replies: 14
-
-
-
- Plead not guilty
- Posted in Failing to stop for a school bus
- By nicemom on
- Replies: 2
-
-
-
- Court experience - Scaring/threatening you to plead guilty
- Posted in General Talk
- By PONS on
- Replies: 4
-
-
-
- Plead guilty when not. Can I appeal?
- Posted in Driving While Suspended
- By Bobert on
- Replies: 6
-
-
-
- Speeding ticket, paralegal plead guilty, filling appeal?
- Posted in General Talk
- By borat15 on
- Replies: 3
-
-
-
- Officer tries to convince defendant to plead guilty outside
- Posted in General Talk
- By jsherk on
- Replies: 2
-
-
-
-
Failure to Provide Proof of Insurance Plead Guilty with Excuse
- Posted in Compulsory Automobile Insurance Act
- By Allie2325 on
- Replies: 1
-
-
-
-
-
-
- Fight it or plead it : Failing to yield 136(2)
- Posted in Failing to yield the right-of-way
- By jeffc on
- Replies: 2
-
-
-
- Tagged for 90 in 60km. Plead for mercy w/option 2?
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By reveller on
- Replies: 5
-
-
-
-
-
- Is officer required to be present if I intend to plead guilt
- Posted in General Talk
- By yyzyyz on
- Replies: 8
-
-
-
-
How do I overturn the plead/aggreement paralegal made for me
- Posted in Courts and Procedure
- By northbay11 on
- Replies: 4
-
-
-
-
- Plead to by-law
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By fortec_man on
- Replies: 1
-
-
-
- Multiple By Law offences - Plead down
- Posted in Courts and Procedure
- By TheSK8man on
-
Featured Topics
Speeding 22km/h over the posted speed limit.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
100kph in a posted 80kph zone
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
Is this grounds for an appeal? (was kicked out of courtroom)
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
Speeding ticket questions
***** I previously posted this under "Speed Traps" by mistake ********
Hello all this is my first time posting here, I like what i've read so far. You all seem like a great bunch of people
.
I hope this is in the write section
I was caught by a speed trap and given a ticket for the following offense
exactly as written on the ticket:
"SPEEDING. 75 KM/HR IN A POSTED 60KM"
What I found odd was that the…
Accident ( Improper Right Turn charge)
Hello All,
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
seat belt exemption rule
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
INSECURE LOAD TICKET - ANY IDEAS?
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
The system works - it beat me down until I gave up.
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
I still have no…
No ticket yet but need lots of help!!
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
First Speed Ticket Reduced to 15km
Hi all,
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
think my car got wrongfully impounded
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Changed ticket
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
My Run in with HTA 172
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
Am I suspended?
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
Can DashCam video help?
Before the car started skidding the driver noticed unusual sound(something breaking) from under left side of the car. It is on the audio record too.
The driver got Careless driving ticket, $490. No check-mark on Witnesses field on the ticket.
No any other vehicles involved, nobody injured, the Dodge Caravan is totally crushed, the light pole broken.
Cant this record help to fight the ticket in the…
Careless Driving - with 3-Day Suspension alcohol warning
Hey guys,
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
Car got impounded
Hi there,
So I was driving my dad's car and it got impounded because I got a stunt driving ticket.
My dad is out of the country and my 7 day suspension is over a day before he gets back.
Would I still be able to pick the car up? It is at York Auto
The slip I was given by the cop has my name on it as well, as I am under the insurance.
Received suspension because notice sent to old address.
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
police officers have been told to issue more traffic tickets
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
Drive Without Proper Lights - Mistake by officer
Good evening all,
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
Traffic Ticket and lying Prosecutor
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Judge: ok, lets…
Advice Needed: got a summons for improper left turn 141 (5)
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
No ticket was given at the time of the…
Longboarding and the Highway Traffic Act
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
once i got my appeal date --what happens at court?
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…