Never,never, NEVER plead guilty to Careless!!!!!!!

Selectrick
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Never,never, NEVER plead guilty to Careless!!!!!!!

Unread post by Selectrick on

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!!!!


Stanton
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Unread post by Stanton on

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
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Unread post by tdottopcop on

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 am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


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FyreStorm
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Unread post by FyreStorm on

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.


thnlegal
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Unread post by thnlegal on

@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.






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