Potential carless driving charge

KMG
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Potential carless driving charge

Unread post by KMG on

Hey Thanks for the add. So I was driving on the 401 westbound in what I would call free flow traffic (100 -120mph) I drive a GMC envoy so I can see higher above.
I'm driving and I notice 2 cars ahead of me, the car/pickup truck do a swerve to the left medium and the cat in front of me attempted to do the same but swerved back in to the same Lane I was in and dead stopped. I stepped on my breaks and tried to swerve but my left side of my sub clipped the back right end of here car. So we both get out no injuries, exchange license, insurance, ownership. I'm thinking everything is cool. She says she is calling CAA to get a tow while my car I can still drive. So I drive to my 2nd home (Girlfriends house) Park and report it. I get a call around 12pm from a officer and one of the first things I hear is why didn't didn't stay. I explained this is my first accident, no injuries, we switched information. So I arrange to file my report in person, the person I spoke to on the phone wasn't there, I file with another officer its all said and done he advices me that I will more then likely be charged with carless ( I been reading about before so I was ready, And I'M FIGHTING IT)
Last edited by KMG on Sun Jun 12, 2016 8:01 pm, edited 1 time in total.


KMG
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Unread post by KMG on

Continued.... I forgot to Add the thing on a road was a CHICKEN COUP. And I have pictures....


So I'm fighting this. This standard rule of the 'car' that does the rear ending when a rear end accident happens I'm not feeling...


I guess my question I with what's read what my chances of beating this???


jsherk
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Unread post by jsherk on

Once you get your notice of trial, you can request disclosure (officers notes).

Once you get the notes, post them here so we can advise further.

Although it does not sound like you were careless from what you said, we still need to see what the officer says before we can decide how to fight it.
+++ This is not legal advice, only my opinion +++


argyll
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Unread post by argyll on

Careless is often laid in rear end collisions. I have always disagreed with that as the correct charge is normally Fail to Turn Out to Avoid Collision. By laying the Careless the hope is that people will bargain to the Fail to Turn Out and prevent a trial whereas if it was laid in the first place then there would be no incentive to make a deal.

The fault still lies with you - you are required to be able to stop in safety and leave enough room to do so. The fact that no-one does is not a defence.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


KMG
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Unread post by KMG on

I def will post the officers notes when I get it. I was curious when filing the report at the Collision center how many pictures of the car do the officer usually take


whaddyaknow
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Unread post by whaddyaknow on

I feel your pain but...

"Carless driving"?
"swerve to the left medium"
"the cat in front of me"
"my breaks"
"my sub clipped"
"why didn't didn't stay"
"charged with carless"
"chicken coup"

So, you were driving your sub down the 401 (that's definitely car-less), somehow there was a psychic and a feline, and then the poultry staged a political revolution? "Them's the breaks!"

I feel that I have to consider your driving skills in the context of your typing skills... good luck with the charge, if it comes.


KMG
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Unread post by KMG on

My Apologies for the spelling errors in the first two original post as I was typing it on my phone fast which obviously has a smaller screen...


Sure looks like a chicken coop to me ... I be back with the police notes/disclosure if and when I get my summons ...




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