ALSO, I'm not sure of how relevant this is, but the officer put the incorrect location on the offence notice. For example 431 Wellington Dr. instead of 431 Wellington Ave. They are both in the same neighbourhood but it's obviously not the same location, these are different streets. Would this be enough for the charge to be dismissed? Can I say "I plead not guilty to the charge of Careless driving at 431 Wellington Dr. because I wasn't there"? Because the event took place on another street but I'm not charged with that at the actual location? Or bring a motion to dismiss due to incorrect location on the offence notice? Would that work?
At this moment I still haven't received disclosure.
As for the HTA offence, your fact scenario sounds incredible to me. Really, its sounds unbelievable (even if it is true). It really DOES leave one questioning how a driver in a slow-moving vehicle would be so knocked off as to not be able to brake again. Speed does seem to be a factor here. If you already knew that your vehicle had several defects and yet you still decided to speed with it, then that might put you in to careless driving territory! Something just doesn't add up---thereby the careless driving charge. Certainly when you receive disclosure, you'll find out what evidence they have----after all, there may even be video evidence somewhere that recorded your incident.
Bottom line: take preventative measure and retain a lawyer. There are many deadlines to consider, so don't delay.
I agree that the sequence of events you describe may be a tough sell in Court. If the Crown can establish a case of careless driving against you, the onus falls back on you to prove it was through no fault of your own. Mechanical defects will likely require some supporting evidence (i.e. a mechanical inspection) to prove in Court. For a complicated case like yours I'd strongly consider getting a professional to represent you.
I don't have access to the vehicle to take it for inspection and I don't have the authority to take it from my employer. I don't even have any idea if that vehicle is still around or has been scrapped. The accident took place 10 weeks ago.
I'm not worried about Worker's Comp, etc. The union takes care of that stuff as we speak. I'm only interested in how to deal with this traffic charge.
- Similar Topics
Users browsing this forum: No registered users and 1 guest