Received first time careless driving ticket...what to do?

ltran_1202
Newbie
Newbie
Posts: 2
Joined:

Received first time careless driving ticket...what to do?

Unread post by ltran_1202 on

Hi, new at this and could use all the help and guidance..

My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident. Luckily, no one was hurt as he did not hit another party so it was just our car (old car and it will be a write off). The cop issued a careless driving ticket - notice of appearance. I read a similiar thread about this but not sure if it applies the same as in this case, there was damage to the city's property. Is this where we should definitely fight the ticket? Careless seems a bit extreme since no other party was involved...

Has anyone tried Redline?

Any information would be greatly appreciated. Thanks


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

Careless may be overkill, but it depends on the circumstances surrounding the incident. That being said, often careless driving tickets are reduced to something less in the case of single vehicle accidents (like fail to drive in marked lane, or something like that). In my opinion, the damage to property shouldn't have too much of an impact on the charge that was laid or whether you should fight it.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Biron
Jr. Member
Jr. Member
Posts: 91
Joined:
Location: Hamilton, ON

Unread post by Biron on

.
Hi ltran_1212:

THIS IS NOT LEGAL ADVICE, JUST AN OPINION
ltran_1202 wrote:...My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident.

The cop issued a careless driving ticket - notice of appearance. ... there was damage to the city's property. Is this where we should definitely fight the ticket?
The incident as you describe it is certainly not careless driving, unless there were other factors present such as alcohol, impairment, cell phones etc.

Request disclosure and share it in this forum. You will get a lot of support.

Cheers,
.


User avatar
Traffic Law
Member
Member
Posts: 162
Joined:
Location: Mississauga
Contact:

Unread post by Traffic Law on

Single motor vehicle collisions have always been interesting. What has to be viewed here is your conduct. Was it reasonable? Would a reasonable and prudent person done the same?

Good trial matter in my opinion.


ltran_1202
Newbie
Newbie
Posts: 2
Joined:

Unread post by ltran_1202 on

Thanks for all the information..waiting for the disclosure now. Once I get more information, I'll be sure to share.

Thanks again :)


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

What has to be viewed here is your conduct. Was it reasonable? Would a reasonable and prudent person done the same?
Absolutely...I saw a whole group of cars swerve off the road yesterday, go over a sidewalk, across a lawn to miss a squirrel :roll:

Now, to be a little more serious, I have spoken to insurance about this and if it is a "swerve to avoid " rather than a "strike of an animal" the insurance will be going up.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


viper1
Sr. Member
Sr. Member
Posts: 502
Joined:

Unread post by viper1 on

hwybear wrote:
What has to be viewed here is your conduct. Was it reasonable? Would a reasonable and prudent person done the same?
Absolutely...I saw a whole group of cars swerve off the road yesterday, go over a sidewalk, across a lawn to miss a squirrel :roll:

Now, to be a little more serious, I have spoken to insurance about this and if it is a "swerve to avoid " rather than a "strike of an animal" the insurance will be going up.
The main thing is if whatever you hit is in the air(ie. flying or falling).(no guilt)

If the squirrel was falling the avoidance was ok.

Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"


User avatar
beleafer81
Jr. Member
Jr. Member
Posts: 94
Joined:

Unread post by beleafer81 on

hwybear wrote: I have spoken to insurance about this and if it is a "swerve to avoid " rather than a "strike of an animal" the insurance will be going up.
My wife used to work for a broker, and after hearing some strange stories I learned the same thing. Any time an animal crosses in front of you, slow down as much as possible and STAY IN YOUR LANE. If you leave the roadway and hit anything it is YOUR fault.
It's not what you know, it's what you can prove - Alonzo Harris (Denzel Washington) in Training Day


pvotrainer
Jr. Member
Jr. Member
Posts: 30
Joined:

Unread post by pvotrainer on

there are several cases where the courts have thrown out the careless driving charge for not being the correct charge. If what you posted is the truth and complete story then fight this and consider not pleading to a lessor charge. In one case in Toronto the Appeal court overturned a conviction for careless. It ruled that careless is not a charge for times where nothing else fits. Drivers are not expected to drive perfectly and momentary laspses of attention are permitted. You have to have done something that warrants the penalty, which includes a possibility of jail. Because jail is an option to the court, they have made it harder to convict.
Your insurance is paying for the damages not matter what happens in court.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

beleafer81 wrote:Any time an animal crosses in front of you, slow down as much as possible and STAY IN YOUR LANE.
That works if it's a small animal... not so much for a moose, bison, elk, etc.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


User avatar
admin
Site Admin
Site Admin
Posts: 1073
Joined:
Location: Ontario, Canada
Contact:

Posting Awards

Moderator

Unread post by admin on

Radar Identified wrote:
beleafer81 wrote:Any time an animal crosses in front of you, slow down as much as possible and STAY IN YOUR LANE.
That works if it's a small animal... not so much for a moose, bison, elk, etc.
Thats very true. In the area I live in there are deers that randomly cross streets and you dont want to hit them head on, because they will/can crush your windshield and even kill you.


User avatar
beleafer81
Jr. Member
Jr. Member
Posts: 94
Joined:

Unread post by beleafer81 on

Radar Identified wrote:
beleafer81 wrote:Any time an animal crosses in front of you, slow down as much as possible and STAY IN YOUR LANE.
That works if it's a small animal... not so much for a moose, bison, elk, etc.
I agree with that. I guess an insurance hike and being alive is better than a comprehensive claim and being in intensive care clinging to life. But the OP was swerving for a squirel.

Around here the biggest animal is deer, and I have never seen any big bucks on the road. I'll take my chances I will stop in time with a doe or juvanile deer.

Also, Just wondering where in Ontario do you find wild Bison roaming?
It's not what you know, it's what you can prove - Alonzo Harris (Denzel Washington) in Training Day


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

Swerving for a squirrel is definitely not a good idea. It may be what we are driven to do by instinct, but it's better to try to stop straight ahead than swerve in that case - no argument from me.
beleafer81 wrote:Also, Just wondering where in Ontario do you find wild Bison roaming?
You won't, however, you will find black bears, moose, and very large deer. Saw all kinds of wildlife around Thunder Bay, including all of the above. And, it goes without saying, many of us will also drive outside Ontario where we could encounter bison. (Prairies, Plains States...)
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Radar Identified wrote:
beleafer81 wrote:Also, Just wondering where in Ontario do you find wild Bison roaming?
You won't, however, you will find black bears, moose, and very large deer. Saw all kinds of wildlife around Thunder Bay, including all of the above. And, it goes without saying, many of us will also drive outside Ontario where we could encounter bison. (Prairies, Plains States...)
ELK are south of Sudbury along Hwy 69 in vicinity of Hwy 537-Hwy 637
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


ZeroConvictions
Newbie
Newbie
Posts: 14
Joined:

Unread post by ZeroConvictions on

hwybear wrote: ELK are south of Sudbury along Hwy 69 in vicinity of Hwy 537-Hwy 637
Deer on Port Union and Sheppard (about 5 years ago)






Post Reply

Return to “Careless Driving”