Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 12 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Summons for careless driving Help!!
Author Message
PostPosted: Mon Jul 27, 2015 9:18 pm 
Offline
Newbie

Joined: Sun Jul 26, 2015 10:43 am
Posts: 5
My friend was in an accident last Saturday.
he's a young male early 20s and is streseing and worried sick to the point of panic attacks.

He was driving down a rural road in which a cyclist was in front of him. After a short while of waiting for the cyclist to move to the right to pass the cyclist then moves to the middle of the road pretty much in oncoming traffic. Then with his right arm in a seemingly waving manner signaling to pass on the right. My friend thought that since it was a rural road and there wasn't a shoulder that the cyclist was signaling to pass on the right. Him knowing that cyclist are legally suppose to be traveling on the right of the road. So since the cyclist didn't use the typical left arm singles that he knew and since the cyclists was what he felt was more then a meter over he attempted to pass and as he was beside the cyclist the cyclist then turned into his vihicle without checking his blind spot and hit the left side. Th3 cops were called and there was 2 witnesses. My friend didn't receive a ticket at the seen but then was called the next morning saying he was getting a summons for a careless driving charge.

He needs some help as this is his first serious ticket doesn't know what to do or expect and can't afford for higher insurance rates.

Ps the the paramedics said the cyclists was gonna be fine

Please get back to me ASAP he hasn't even received the summons yet so he doesn't even know when the court date is but the sooner we have an idea of what to do the better.
thank you


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Jul 28, 2015 9:44 am 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Right not you don't have any reliable information to make any assumptions with. Tell him to either hire a paralegal or relax and wait for the summons, then ask for a trial and review disclosure. When he knows what the case against him is he can decide to either fight it or take a plea.


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Jul 28, 2015 11:49 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
I wouldn't stress to the point of a panic attack over this one.

Besides, if your friend can testify as to what the cyclist was doing, a conviction for careless doesn't seem as likely. Maybe an unsafe pass...

At the very least, get a consultation from a lawyer or paralegal regarding the next steps. Careless driving can be quite serious from an insurance perspective, but having said that, it also is a bit harder to get a conviction on. The Prosecutor has to prove that your friend drove in a manner that was a "departure from the standard of care of a reasonable and prudent driver," which is the best way to describe it.

As ynotp says, getting disclosure of the evidence against your friend is key. Then a decision can be made. Right now, though, your friend should be writing down as much as he can remember as this will be important when it comes to trial... if it goes that far.

_________________
* 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


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Aug 04, 2015 10:33 am 
Offline
Newbie

Joined: Sun Jul 26, 2015 10:43 am
Posts: 5
Alright so it's been little over a week and still no summons. Don't they have 15 days to serve him one?? And what would happen if 15 days goes by and he doesn't receive it??


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Aug 04, 2015 11:40 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
For careless driving, the police have 30 days to issue a regular ticket and up to 6 months to issue a summons.


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Aug 25, 2015 12:08 pm 
Offline
Newbie

Joined: Sun Jul 26, 2015 10:43 am
Posts: 5
So now his insurance is saying that it's being considered an at fault accident now can anyone help us out because really the cyclist didn't check his blind spot since he saying he was turning.. as to why hed be on the absolute left to turn right i dont no anyways as he was passing the cyclist turned into his vehicle

Is my friend really at fault??


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Aug 25, 2015 7:21 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
It certainly sounds like your friend would be at fault. From your description of events the cyclist signalled and made a lawful turn. Unfortunately your friend misunderstood the signal and made an illegal pass striking the cyclist. It's not the cyclist's legal responsibility to check their blindspot before turning.


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Wed Aug 26, 2015 10:41 pm 
Offline
Newbie

Joined: Sun Jul 26, 2015 10:43 am
Posts: 5
OK well the law does Stat that a cyclist is to have the same responsiblis as a vehicle and is considered a vehicle on roads. So if I were driving and I didn't check my blind spot and turned right and hit a cyclist I'd be at fault so now the other way around its my friends?? That's what I can't get around. Is there anything we can use to fight it or what would the charge be put down to,


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Thu Aug 27, 2015 9:14 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Bf_92 wrote:
OK well the law does Stat that a cyclist is to have the same responsiblis as a vehicle and is considered a vehicle on roads. So if I were driving and I didn't check my blind spot and turned right and hit a cyclist I'd be at fault so now the other way around its my friends?? That's what I can't get around. Is there anything we can use to fight it or what would the charge be put down to,


No, unless there's a separate bicycle lane, a cyclist trying to pass on the right while a motorist was turning right would be at fault. It's illegal to pass on the right unless the other vehicle has signaled its intention to turn left and/or there is a second lane to the right of the turning vehicle. While it's always a good idea to check blindspots from a safety point of view, the cyclists failing to do so doesn't trump your friend's illegal pass.


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Mon Sep 28, 2015 11:19 pm 
Offline
Newbie

Joined: Sun Jul 26, 2015 10:43 am
Posts: 5
Alright so the summons is this Friday the 2nd. So whay we have planed is that we are going to go early meet to see if we can get it lowered which seems to be the best case since it seems my friend made the illegal pass.

We plan on saying how he failed to share the road and hoping for a 2 or 3 point ticket rather then a major one that would screw him for.insurance.

Now if they are in a bad mood and don't wanna help us we then ask for the disclosure and to push the trial and get advice.from a lawyer or.something. does this make sense to you guys??? We're just nervous cause we don't no what to expect

Thanks


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Sep 29, 2015 11:06 am 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
You should review disclosure and the evidence against you before making any decisions on how to plead. Odds are a reduced charge is going to be the outcome of this but it just may be that the case against you is weak.


Top
 Profile  
 
Re: Summons for careless driving Help!!
PostPosted: Tue Sep 29, 2015 11:24 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
So if you go and talk to prosecutor, do not mention disclosure at first. Talk to them and if they do offer you a reduced plea, you can then very nicely say "can we review disclosure before we decide?"

So there are three things that can happen when you meet:
(1) The prosecutor will not offer you any plea at all. Then of course you should ask for disclosure and a trial date.
(2) The prosecutor will offer you some kind of plea, but when you ask to see disclosure they will say that the offer is only good right now and if you want disclosure the offer will not be available anymore. This is tough because you have to decide whether to take the offer now or go to trial and get the full charge if you lose.
(3) The prosecutor will offer you some kind of plea, and when you ask to see disclosure before you decide they will say sure. This is best outcome because you can post disclosure here and then decide if you should fight it or take the plea.

Just remember to not mention disclosure until after they offer you a plea deal.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 12 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Summons for Careless Driving!! Please Help!!

zoom91

2

2549

Fri Feb 25, 2011 4:21 pm

Stanton View the latest post

There are no new unread posts for this topic. Careless driving summons

blitzkreig

3

891

Sun Jan 05, 2014 3:09 pm

TheForce View the latest post

There are no new unread posts for this topic. Summons to appear in court for Careless Driving

Nowisthetime

6

3704

Wed Feb 05, 2014 2:18 pm

Nowisthetime View the latest post

There are no new unread posts for this topic. received summons for Part I careless driving

pam

9

563

Wed Jun 28, 2017 1:41 pm

ShrekTek View the latest post

There are no new unread posts for this topic. Summons for Careless Driving, Read End Collision

mamabear

9

1639

Sat May 28, 2016 1:47 am

argyll View the latest post

There are no new unread posts for this topic. Careless Driving Summons Under Part I as result of accident

[ Go to pageGo to page: 1, 2 ]

alexu

20

1764

Mon Jun 27, 2016 1:31 pm

argyll View the latest post

There are no new unread posts for this topic. Careless Driving Summons for minor rear-ender in Guelph

UnluckyOne

5

1178

Tue Mar 31, 2015 4:28 pm

CurtisRutt View the latest post

There are no new unread posts for this topic. Careless Charge Dismissed but then later is Repened +Summons

avergejoe

8

1210

Tue Jul 21, 2015 6:00 pm

syntst View the latest post

There are no new unread posts for this topic. If you get a Summons for Driving While Under Suspension

ancientlyre

0

1087

Fri Apr 24, 2015 3:49 pm

ancientlyre View the latest post

There are no new unread posts for this topic. Summons for driving uninsured vehicle, don't know what to do

trivius

1

2491

Thu Apr 01, 2010 11:31 pm

cruzmisl View the latest post

There are no new unread posts for this topic. Given Summons for stunt driving and speeding 101 in 50

smiley1213

2

2106

Fri Oct 21, 2011 5:25 pm

jayjonbeach View the latest post

There are no new unread posts for this topic. minor driving without license received a summons

ahmahndoode

0

881

Tue Jun 26, 2012 10:45 am

ahmahndoode View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.