Turning left on amber light and hit by a forthcoming car

Hwang
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Turning left on amber light and hit by a forthcoming car

by: Hwang on
Sun Oct 14, 2012 9:56 pm

It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from behind the big white van and hit me. Both vehicles were badly damaged. As a result, I was charged with careless driving with $499 fine and 6 points. I know I was not supposed to turned on amber when the road was not clear but I checked and there was nothing. The small car was right behind the big white van that was right in front of me blocking my view. I heard there were car accidents created on purpose for insurance fraud. Could this be one of them? I have heard my charge could be reduced to around one to two hundred dollars and down to 2 points without any arguement. I am wondering if I argue in court that this might be a possible fraud case, could all the six points be wiped out?


Stanton
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by: Stanton on
Mon Oct 15, 2012 9:55 am

It doesn't sound like fraud, you fully admit you turned in front of the vehicle. Simply suggesting it may be fraud would not work as a defence in Court.

To have the charge reduced, you would need to meet with the Crown before the trial and see if you can work out a deal. Turn not in safety would be a more appropriate charge, with less points a lower fine and certainly less serious insurance implications.


Hwang
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by: Hwang on
Tue Oct 16, 2012 11:11 pm

Thanks for responding and giving me advice. I have talked to a few traffic ticket agents and got some very conflicting advise. Some said it's very hard to convict careless driving and based on the information I provided there is a very good chance to win if I hire them to represent me. One even said there is 100% chance to win as he has never lost fighting a careless driving ticket over the last 10 years. However, some said the opposite, meaning the information I provided is good enough to convict me. The reason they reduced my points from 6 to 2 is because the witness didn't show up, even though they could have drop the case. I don't know whom to belive. Some more comments and advice will be greatly appreciate.


paul1913
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by: paul1913 on
Wed Oct 17, 2012 6:54 am

If there is no witness the case can't go ahead. Period. So either a adjournment which if it was me I would object to or dismissal of charge.

Other factors would come into the careless charge, road / weather conditions, light cycles, speeds, injuries, damages...

I would not take anyone's 100% guarantee as there is no such thing.


tdottopcop
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by: tdottopcop on
Wed Oct 17, 2012 1:50 pm

"Suddenly a small car dashed up from behind the big white van and hit me."

That's the kind of sentence that will get you convicted.

Realistically, the prosecutor will strike up a deal with you and reduce the fine/demerit points.

When these traffic defense lawyers say they will win 100%, that doesn't mean you'll be off the charge scott free. It means that they will win by striking a deal with the prosecutor for a lesser charge.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


Hwang
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by: Hwang on
Wed Oct 17, 2012 7:14 pm

Thanks a lot for your comments and advice. I have already been offered a reduction of points from 6 to 2 but am still wondering how much chance I stand to get the careless driving charge dropped if I hire a traffic ticket fighter to prepresent me in court.




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