Single Car Accident = Careless driving?

alexandriaj
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Single Car Accident = Careless driving?

by: alexandriaj on
Mon Oct 09, 2017 8:48 am

Hey guys, I was hoping someone here could help me out.

I was in an accident last week. I hit gravel going around a bend and ended up skidding/sliding and ended up in a rock on the other side of the road, which (though it hasn't been confirmed...) ended up totaling my car. The roads were wet, and the road in my area is deteriorating at the shoulder, with potholes along the entire road. I was the only car there, and only did damage to myself/my car.

I was thinking to go to the early resolution meeting. I've read that they don't drop charges - and despite me personally thinking it's an unfair charge, I doubt they could drop the charge completely. I just don't believe that it constitutes a careless charge.

I'm hoping someone could give some advice on how to handle this? Would it be worth it to go to trial? What kind of preparations would I need to do before the early-res meeting? Is a paralegal recommended?

This is my first time dealing with the police outside of work. My driver's record is spotless, and ideally I'd like to keep it that way!

Thanks in advance!


argyll
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by: argyll on
Mon Oct 09, 2017 4:41 pm

Careless has become the go-to charge for police. Firstly because it does kind of fit in that if you drive off the road you weren't driving with care. Secondly supervisors, in my experience, say to lay it and thirdly because it scares people into accepting a plea deal. If you were charged with something else like failure to turn out to avoid collision then your only option would be to plead guilty or go to trial and you'd have nothing to lose by going to trial. By charging Careless the officer has upped the jeopardy and encouraged you to plead guilty to perhaps the correct charge in the first place.

I was once directed by a supervisor that every collision had to result in a charge. I responded to a rear end collision in the winter, got out of my cruiser and fell flat on my ass on sheet ice.

I didn't lay a charge and got in *EDIT*.

None of this really answers your questions but it gives you the background.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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