Following too Close - new driver

Vred3
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Following too Close - new driver

by: Vred3 on
Thu Apr 12, 2012 9:57 am

Hi my son was in a fender bender this morning. He has been charged with Following Too Close. He is 17 - got his G2 only 1 month ago although he has been driving for over a year. Would it be worth fighting this ticket to get it reduced? Will reducing the points help with his record and insurance? Would like some advice. Thank you.


Stanton
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by: Stanton on
Thu Apr 12, 2012 11:21 am

Typically demerit points make no difference with insurance providers, they look at all convictions regardless of how many points they're worth. The problem in your son's case is that follow too close carries 4 demerit points, which for G2 drivers results in a minimum 30 day suspension upon conviction. The suspension could result in a greater insurance increase then the ticket itself.

I would certainly suggest trying to work out a plea deal with the Crown to an offence that carries 3 demerit points or less simply to avoid the suspension. It may also be worth consulting with a paralegal to see about fighting the charge. Striking a vehicle from behind is not sufficient evidence in itself to show a vehicle was following too close.


Vred3
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by: Vred3 on
Thu Apr 12, 2012 12:16 pm

Thank you for your reply. The police officer didn't mention a suspension. I haven't seen the ticket yet personally so confused about "if he is convicted". Does the act of paying the ticket mean you have been convited?


Stanton
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by: Stanton on
Thu Apr 12, 2012 3:40 pm

Yes, if you pay the fine, you're admitting guilt and a conviction is registered. The police probably didn't mention the suspension either because they're not aware of it or due to the fact they don't actually issue it. The 30 day suspension would be applied by the MTO if your son was convicted in Court or pleads guilty to the offence as is.

Here's the MTO page that kind of summarizes everything: http://www.mto.gov.on.ca/english/dandv/ ... escalating


Vred3
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by: Vred3 on
Fri Apr 13, 2012 6:00 pm

I'm a confused. According to our police station as per our insurance adjuster who called them in front of my husband, this is a 2 pt demerit offense. They said to just pay the ticket. Wondering if this is because he is a G2 driver (under our insurance BTW)? The ticket says "Follow Too Close, Section 158 (1)". I have found one other place on the internet that says 2 pts. I am worried that someone's info is out of date, probably not yours! This can affect the rest of his life so we would really like to know how we should proceed.


Stanton
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by: Stanton on
Fri Apr 13, 2012 6:47 pm

I'm very certain it's 4 points. Demerit points are listed under regulation 339/94 of the Highway Traffic Act.

Here's a link to what should be the latest version on the government's website:
http://www.e-laws.gov.on.ca/html/regs/e ... 0339_e.htm

There's a table at the bottom listing the various offences and associated demerit points. Line 15 list section 158 (following too closely) and shows 4 demerit points for the offence.

Also, here's a link to the MTO's demerit point page, which also shows follow too closely carries 4 points:
http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml




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