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Ontario Highway Traffic Act

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what is the lesser charge??
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PostPosted: Wed Jul 06, 2011 4:59 pm 
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Joined: Wed Jul 06, 2011 4:51 pm
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I got a careless driving ticket and my court date is coming up. I have been researching it and cant really find one that makes sense in my case. So i was pulling out of a parking lot onto a road and i stopped at the stop sign. waited a second looked both ways and proceeded to make a left turn. I didnt see anyone on the streets at all. There are lots of parking lots around also. I had barely pulled out and all i felt was someone hitting me..she hit my rear end, passenger side and ended in front of me. I told the cop that I just didnt see anyone and I have no idea what the lady told him. He ended up giving me a careless driving ticket stating that he has to give a ticket and thats the only one that works in my case. I honestly didnt see anyone and think she may have come out of a parking lot as well but Im not sure. What is a lesser charge that i can plead as I dont have money for legal help and dont want the careless driving obviously. Other than this ticket I have one other minor speeding ticket and have been driving for 6 years and took driving school if that matters.


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Re: what is the lesser charge??
PostPosted: Wed Jul 06, 2011 6:29 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
If you were pulling out of a private parking lot and got hit, fail to yield from private drive would work. It's under section 139(1) and carries 3 demerit points.


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Re: what is the lesser charge??
PostPosted: Wed Jul 06, 2011 6:36 pm 
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Posts: 1048
Location: Ontario, Canada
Who are the witnesses?

Careless driving charges can be dropped completely. I would hire a Paralegal for this one.

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Re: what is the lesser charge??
PostPosted: Wed Jul 06, 2011 10:39 pm 
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Agree with admin. Careless driving is definitely something worth getting a paralegal for.

You could also get Left Turn - Not in Safety or Start from Stopped Position - Not in Safety as an alternative to Careless Driving.

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Re: what is the lesser charge??
PostPosted: Fri Jul 08, 2011 8:22 am 
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Joined: Wed Jul 06, 2011 4:51 pm
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there were no witnesses other than me and the other driver. I cannot afford a paralegal. I am a single mother and I can barely pay rent with my income. There is no way I can afford it, thus why I want to know the lesser charge


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Re: what is the lesser charge??
PostPosted: Fri Jul 08, 2011 5:58 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Speak with the Crown and see what they offer. As long as you consent, it can be plead to pretty much anything even remotely related.


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