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Ontario Highway Traffic Act

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unfair careless driving ticket
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PostPosted: Sun May 09, 2010 10:18 pm 
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Hi All,

I appreciate everyone taking the time to look over my issue and I am grateful for your feedback.

On friday night, I was driving on Hwy 8 (kitchener-cambridge) and it was severe rain/thunder/lightening. I driving in a construction zone (80km/hr) and I was going approx 70km when I was splashed by a larger car and my car immediately went out of control and began to spin and hit the right side median. To stop myself I held down the break. Luckily I was not hot by oncoming traffic and I was clearly off to the side.

When the cops arrived (CAA called them) he interviewed me, never asked me if I was ok and took a very brief look at the car. He said I over reacted and it was my fault I did not keep the car under control. Then proceeded to give me a ticket for careless driving.

I believe there was nothing I could have done to avoid this accident... if I was going any slower I think it would have not been safe because people were going much faster than me. There were no exits on this part of the highway for me to leave.

I know I have to go to court to fight it. Currently I was thinking about trying to find the history of accidents for that night... but have not had any
luck finding it online... any help is appreciated.

Does anyone think I should hire a paralegal?

What other strategies make sense?

Thanks :)


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PostPosted: Sun May 09, 2010 10:19 pm 
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Also, there were no other cars involved, no witnesses.


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PostPosted: Sun May 09, 2010 11:03 pm 
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Did he read you a caution before he took your statement advising you that you were not required to provide him with a statement and that anything you say can be used against you in court?


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PostPosted: Sun May 09, 2010 11:10 pm 
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no he just handed me a paper and he had written a question on it...


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PostPosted: Sun May 09, 2010 11:31 pm 
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Sounds like a great example of piss poor police work. An uncautioned statement, which it sounds like is his only evidence, is not admissible in court.


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PostPosted: Wed May 12, 2010 2:56 pm 
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Location: Mississauga
Great example of poor police work. Sounds like you have a lot going for you there. Do not take this charge lightly and seek professional advise.


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