I've done a lot of research and I know the insurance implications for Careless Driving. This is my first ever accident, and it took me over 4 months to get a settlement with insurance to replace my brand new car. Thankfully, I proved to insurance that there was no Impaired driving charge laid, so they relented and I was able to get a fair value for my car. Here was the scenario:
I had just travelled from BC to Ontario to visit family and on Nov. 9th I went out to a town about 45 mins away to sing some karaoke in Mt. Forest. My admission was that I had a few drinks, but I was on my way back to my airbnb on a dark, unfamiliar highway. Not realizing the lane was ending, I hit the gravel shoulder and it pulled me into a steep embankment which totalled my car. I was completely fine, and there were no witnesses. Eventually the OPP officer showed up (I had to wait a long time) and he breathalyzed me and I hit a WARN, and gave me the careless driving and 3-day roadside suspension.
I'm fighting the ticket and requested the disclosure. In it the cop wrote: that while I was speaking clearly, he smelled faint about of alcohol and eyes were very glossy. In reality, by the time he showed up and the ambulance came to check on me, it was literally over 3 hours after the accident, and I was very tired and disorientated. Weather was clear, but we had snow on the ground and it was a little slippery.
Court date was supposed to be April 14, but due to COVID-19 it's obviously been postponed. I haven't received my reschedule letter yet. I have a completely clean driving record, and have never been in an accident. I'm wondering if anybody has any cases (or access to case law website) that can post a few wins regarding a single vehicle crash and roadside suspension with careless driving. Any help would be welcome!
The road side suspension is not related to the careless drive but is from the road side warn. That's a done deal as you blew on the instrument and it was a warn. That is the penalty and it is automatic
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