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rear ended a car at stoplight in the rain
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PostPosted: Tue Nov 22, 2011 11:21 pm 
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Joined: Tue Nov 22, 2011 10:58 pm
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On November 14 I was driving along Queen street in Brampton in the rain with snow tires and rear ended a lady in front of me because I could not stop in time. She stopped on a amber light and I was about 6 car lengths behind her doing 50 k. and saw the amber light and her brake lights. I had time to stop and tried braking but couldnt because my car slid. I bumped into her and didnt cause damage except for a scratch on her bumper. My front end got banged up pretty good however and the firetruck and ambulance showed up. We were both ok and then the cop showed up later and asked me what happened. I told him I slid into her because I couldnt stop. He asked if the light was red when I hit her and I said yes by the time I reached her it was but it was amber when she and I attempted to stop. I also told him I was about 6 car lengths behind her when I attempted to stop. He walked away and came back 15 minutes later with a careless driving ticket.
I have a good driving record with no convictions for 3 years and cant afford to have my insurance go up to a crazy level that makes it impossible to afford insurance since its almost to that point now. I have already filed to take the ticket to court and am wondering where I should go from here. All the help that can be offered would be greatly appreciated because I was aware of what was happening but could not stop in time. Given the fact the the winter tires are no good in the rain do I have a chance of using that as a defense at all.


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Re: rear ended a car at stoplight in the rain
PostPosted: Wed Nov 23, 2011 4:36 pm 
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Anyone? I live further north which is why the winter tires were put on the week before. I have not filed for disclosure yet and was wondering when I should do so. I am waiting for a response from the court as to my trial request. Should I have filed for disclosure at the same time I filed my option 3?


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Re: rear ended a car at stoplight in the rain
PostPosted: Wed Nov 23, 2011 6:06 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Careless driving is pretty much the standard charge in rear end accidents. I would not use snow tires as a defence. If you're aware your tires perform poorly in the rain, it's up to you to ensure there's sufficient room for you to stop, regardless of the conditions.

If you plan on fighting the charge outright, I'd seek legal representation. If not, seeking a plea deal with the Crown would be the next best alternative. Careless can frequently be plead down to a much less serious charge such as follow too close, fail to turn out to avoid collision, etc. All carry fewer demerit points and are much less serious in terms of insurance implications.


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Re: rear ended a car at stoplight in the rain
PostPosted: Wed Nov 23, 2011 6:19 pm 
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Joined: Tue Nov 22, 2011 10:58 pm
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Thanks for the reply Stanton. I value any advice I can get. My car is still in the shop getting repaired but the tires are coming off when I pick up the car. Will be putting a better set of tires on the car. I have filed for no fault and a court date but haven't gotten anything in the mail yet. I plead not guilty so will I get the chance to talk to a JP or prosecutor first? I want to drop to a lesser charge and hopefully a break on the fine.
I wont bother seeking representation because the last 3 times I did that over the last 10 years nothing was done and it was a waste of money. Its my first time fighting it on my own so am not sure how its all done. Do I file for disclosure before I talk to a prosecutor or do I file for that only if he/she doesnt want to plea down to a lesser charge?
Any info would be greatly appreciated.


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