Careless driving involving pedestrian

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Angels13
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Careless driving involving pedestrian

Unread post by Angels13 on

Hello All,
Yesterday I found your site and it looks pretty good. I'm looking for some more input about my ticket. I received advice from a policeman and one paralegal to plea guilty of improper left turn. What do you think? Here's unusual situation:
I'm going North at 4-way intersection with 2 lights (East & West) and 2 stop signs (North & South).

It's a confusing intersection. I looked ahead and I didn't see the pedestrian who is on a disabled motor-wheelchair going southbound.
Once I figured out that the lights (E/W) went red, I proceeded to turn left, but a car going Eastbound seemed to going fast and my eyes were focused on him to make sure he wasn't running a red light. ONce I determined that he was stopping I proceeded to go and bang!! I hit the pedestrian and to me it seemed he came from nowhere. He tipped over, but the police said he was fine, just damage to the motorwheelchair.

I'm going to meet with the Crown tomorrow to fight the careless ticket charge. Any advice will help. It's my first ticket. I'm pretty nervous.
thanks
MM
mm


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Bookm
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Unread post by Bookm on

I just can't imagine how an intersection with lights AND stop signs could work!

If it were me, I'd take a plea bargain to Improper Left if it were offered. If no plea bargain were offered, I would request a trial and hope/expect that either the officer or the victim won't show up (the Crown would need both in court).

You could argue that the victim whipped out into the crosswalk when you had already commenced to make your left turn. Those scooters really boogy, much faster than a walking pedestrian.

You would need to request Disclosure to make sure the Crown doesn't have any other independent eye-witnesses up his sleeve.


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hwybear
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Unread post by hwybear on

Bookm wrote:I just can't imagine how an intersection with lights AND stop signs could work!.
finally we think alike.... :?: :?: :?: :?:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


viper1
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Unread post by viper1 on

Angels13 wrote:Hello All,
Yesterday I found your site and it looks pretty good. I'm looking for some more input about my ticket. I received advice from a policeman and one paralegal to plea guilty of improper left turn. What do you think? Here's unusual situation:
I'm going North at 4-way intersection with 2 lights (East & West) and 2 stop signs (North & South).

It's a confusing intersection. I looked ahead and I didn't see the pedestrian who is on a disabled motor-wheelchair going southbound.
Once I figured out that the lights (E/W) went red, I proceeded to turn left, but a car going Eastbound seemed to going fast and my eyes were focused on him to make sure he wasn't running a red light. ONce I determined that he was stopping I proceeded to go and bang!! I hit the pedestrian and to me it seemed he came from nowhere. He tipped over, but the police said he was fine, just damage to the motorwheelchair.

I'm going to meet with the Crown tomorrow to fight the careless ticket charge. Any advice will help. It's my first ticket. I'm pretty nervous.
thanks
MM
Could you describe the light bit a bit better?

Cheers
Viper1
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use at your own risk"


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Radar Identified
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Unread post by Radar Identified on

hwybear wrote:finally we think alike....
:shock: :shock: :shock: :shock: :shock:

Okay now for the Careless Driving charge. I'm assuming that this is a First Attendance Meeting that you've got with the Crown. Careless driving not only has the fine, which albeit isn't the most expensive out there, but it carries 6 demerit points so you'll get a really nasty letter from MTO, and the biggest thing is that your insurance provider will probably drop you if you get convicted of it. It's a major insurance conviction and if they do keep you, they'll send your rates into the stratosphere. I agree fully with Bookm's advice, and that of the paralegal and the officer who advised you. If the Crown refuses to let you plead down to something less, get a trial date set and go from there.

Good luck.


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Bookm
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Unread post by Bookm on

hwybear wrote:
Bookm wrote:I just can't imagine how an intersection with lights AND stop signs could work!.
finally we think alike.... :?: :?: :?: :?:
Now if you would just agree, "speed'ING is saf'ER" :P


Angels13
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Unread post by Angels13 on

To answer Viper1's question,
I'm going North to turn left (eastbound)....I stopped at the stop sign; I look ahead, look both ways, the lights running East & West goes red. I proceed to go slowly and but a car going eastbound looked like he was going to run the light but he stopped. My eye was focused at him before I actually made the final turn. I discerned it was safe to go and at that point I hit the pedestrian on motrwheelchr.

I hope that's clear.
Thank you to all the other responses (Bookm, hwybear, etc) for your support. Yes my 1st attendance meeting is today.

thanks!
mm


Angels13
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Unread post by Angels13 on

Thank you, radar too.
:)
mm


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Reflections
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Unread post by Reflections on

hwybear wrote:
Bookm wrote:I just can't imagine how an intersection with lights AND stop signs could work!.
finally we think alike.... :?: :?: :?: :?:
And the leafs win the cup........must be a cold day in HE.......
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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hwybear
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Unread post by hwybear on

Angels13 wrote:I'm going North to turn left (eastbound)....thanks!
That does not make sense.....if you are going north and go left, that is WEST. If you go RIGHT that would be EAST.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


viper1
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Unread post by viper1 on

angels13

I think your first language is other then English.

This is still a guess.

You turned left and knocked a wheelchair person over.

You have to honk so they can hear you coming.

This is corney but true.
Get a louder horn.

Cheers
Viper1
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use at your own risk"


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hwybear
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Unread post by hwybear on

Original says that it is a "4-way" intersection. Would that mean that all directions are controlled by a stop sign.....plus an additional flashing red for (east/west) as it has more traffic?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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racer
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Unread post by racer on

I think that here is an intersection with stop signs at North and South, and a pedestrian button-operated light to stop the traffic and cross the heavier traffic East-West street. The wheelchair pedestrian pushed the button, and whoever was driving on EW street, not used to seeing a red there, was confused and hesitated before stopping. This is not a 4-way stop.
My advice is to take the improper left-turn. You get 2 points instead of 6, and your insurance will most likely not even budge. You did, after all, hit a pedestrian. Careless, there is a chance of losing in court, then your insurance will go up probably to the tune of $100 per month.




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