a ticket that makes no sense

xbekkaax
Newbie
Newbie
Posts: 2
Joined:

a ticket that makes no sense

Unread post by xbekkaax on

My uncle was driving on the furthest right lane , up a main road around 11 am.
there was a car infront of him.
out of no where, the car stopped so my uncle quickly stopped behind them. they opened the passenger door as if they were dropping someone off but no one came out. then they proceded to drive, and my uncle followed.
then they stopped out of nowhere again so my uncle sllammed on his brakes but he lightly tapped the car infront of him.
the lady made a big deal about it and claimed that her back is hurting and everything so they pulled into a parking lot and called the police.
The police arrived and saw that there was absolutely no marks on the other persons car.
The lady claimed that she suffered injuries from that light as a feather tap on the rear end.
the police ended up giving my uncle a ticket for careless driving.

so how can she say that if she was not there?
and there is no evidence what so ever of any carelessness.
we even have pictures of her bumper.
he did what he would, which was stop as soon as she did. he could not switch lanes since there was traffic in the other lane.

is he wrong? or does that ticket really make no sense?
how can we fight it?
he used my car and i want to know if my insurance will go up because of his ticket?
and can the other lady really claim for insurance if we have pictures of her bumper?


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

Unread post by Simon Borys on

Usually driving "with due care and attention" means keeping enough distance from the vehicle in front of you that you can react appropriately even if they make an unexpected or unsafe maneuver. Certainly that's the position the officer took.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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

Moderator

Unread post by Radar Identified on

Odds are, for such a minor collision like this, careless driving will get thrown out or withdrawn for lack of evidence. I'd recommend hiring a paralegal or traffic lawyer, though. The consequences of a conviction can be quite severe. The lady in the other car will have to show up in court for them to get a conviction. I'm willing to bet that her testimony will be less than stellar. Keep those photographs that you took, though. Your uncle may have been guilty of Following Too Closely, or Failure to Turn Left to Avoid Collision, but he is not guilty of Careless Driving in my view. He made an error, but his driving wasn't a departure from the standard of care of a reasonable and prudent driver, which is the generally-held standard for Careless Driving.




* 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


Post Reply

Return to “Careless Driving”