This just happened to me today, having a leisurely afternoon drive with the family (wife, 5 & 3 year old sons) to the library. coming up the intersection I went into the right hand turn lane began slowing down as the vehicle in front of me slowed down. All of a sudden he stopped, I said (Oh, s&*t, wife heard it) and slammed my brakes and we collided. His car then rolled a good 5 feet and hit a pickup in front of his. I went over to make sure his was ok (first aid training and I'm a security guard) He was listening to some device with ear plugs, he took them out and said yeah. I called the police, they show up while I was talking to my insurance. The officer went over talked to the driver of the car I hit came back and told me that I'm getting a ticket for Carless driving. I tried to explain that I wasn't carless but it didn't matter. I refused to do a statement until I spoke to someone about the ticket. I asked the officer what about the driver with the ear buds in... he didn't seem to care. My question is what is the possibility of having this dropped. The Crown will have a hard time proving I was careless, considering I was driving with precious cargo, I was more cautious then normally. Only witness are the driver I hit (he was distracted with his electronic device and didn't see me coming or he could have pulled up (remember he rolled 5 feet to strike the truck in front of him) And the truck that was oblivious because he was looking for a break in traffic so he could turn. Just to add I've hired Pointts for this. They are going for dismissal if not then a lesser charge of either following to close or something along that line. I'm a full G driver and have been driving for 17 years with a 6 star rating with my insurance. how does 1 at fault effect it and what would a lesser ticket do?
This just happened to me today,
having a leisurely afternoon drive with the family (wife, 5 & 3 year old sons) to the library. coming up the intersection I went into the right hand turn lane began slowing down as the vehicle in front of me slowed down. All of a sudden he stopped, I said (Oh, s&*t, wife heard it) and slammed my brakes and we collided. His car then rolled a good 5 feet and hit a pickup in front of his. I went over to make sure his was ok (first aid training and I'm a security guard) He was listening to some device with ear plugs, he took them out and said yeah. I called the police, they show up while I was talking to my insurance. The officer went over talked to the driver of the car I hit came back and told me that I'm getting a ticket for Carless driving. I tried to explain that I wasn't carless but it didn't matter. I refused to do a statement until I spoke to someone about the ticket. I asked the officer what about the driver with the ear buds in... he didn't seem to care.
My question is what is the possibility of having this dropped. The Crown will have a hard time proving I was careless, considering I was driving with precious cargo, I was more cautious then normally. Only witness are the driver I hit (he was distracted with his electronic device and didn't see me coming or he could have pulled up (remember he rolled 5 feet to strike the truck in front of him) And the truck that was oblivious because he was looking for a break in traffic so he could turn.
Just to add I've hired Pointts for this. They are going for dismissal if not then a lesser charge of either following to close or something along that line. I'm a full G driver and have been driving for 17 years with a 6 star rating with my insurance. how does 1 at fault effect it and what would a lesser ticket do?
Pretty easy to prove, you crashed into the car in front of you. Had you been driving "carefully" you would have had adequate distance in front of you to stop in time. Impossible to say how this will impact your insurance rates, other than the obvious "increase". Do you have accident forgiveness? Does your insurance company consider careless driving a minor or major conviction? Personally I would suggest calling another insurance company for a quote with the at fault and HTA charge for a clearer idea of what sort of hike you can expect.
pirish wrote:
My question is what is the possibility of having this dropped. The Crown will have a hard time proving I was careless, considering I was driving with precious cargo, I was more cautious then normally.
Pretty easy to prove, you crashed into the car in front of you. Had you been driving "carefully" you would have had adequate distance in front of you to stop in time.
pirish wrote:
Just to add I've hired Pointts for this. They are going for dismissal if not then a lesser charge of either following to close or something along that line. I'm a full G driver and have been driving for 17 years with a 6 star rating with my insurance. how does 1 at fault effect it and what would a lesser ticket do
Impossible to say how this will impact your insurance rates, other than the obvious "increase". Do you have accident forgiveness? Does your insurance company consider careless driving a minor or major conviction? Personally I would suggest calling another insurance company for a quote with the at fault and HTA charge for a clearer idea of what sort of hike you can expect.
We were all slowing down to turn right... should have mentioned that right hand turn lane crossed an unregulated railway crossing and that's where he stopped abruptly and why he had 5 feet of travel before striking the truck in front of him. Called my insurance and even though I have no convictions they will cancel my policy. what about R. v. Morgan, 2008? he actually looked away from traffic but was aquited. I was looking directly at the car infront of me and applying the brake to stop when he slammed his. I fail to see how that is carelessness. Either way I feel I did the right thing by hiring legal counsel. He feels very confident that the crown will not be able to prove strict liability. Even Mens rea would be a good defence as I had my children in the car and I wasn't charged with endangerment.
We were all slowing down to turn right... should have mentioned that right hand turn lane crossed an unregulated railway crossing and that's where he stopped abruptly and why he had 5 feet of travel before striking the truck in front of him.
Called my insurance and even though I have no convictions they will cancel my policy.
what about R. v. Morgan, 2008? he actually looked away from traffic but was aquited. I was looking directly at the car infront of me and applying the brake to stop when he slammed his. I fail to see how that is carelessness. Either way I feel I did the right thing by hiring legal counsel. He feels very confident that the crown will not be able to prove strict liability. Even Mens rea would be a good defence as I had my children in the car and I wasn't charged with endangerment.
The closer you are to the car in front, the less time you have to stop.(old rule was 1 car length per 16 KPH). IMHO you were careless. I hate drivers like you that tailgate. That said you will most likely be offered a lower charge at ER or trial. Cheers Viper1
The closer you are to the car in front, the less time you have to stop.(old rule was 1 car length per 16 KPH).
IMHO you were careless.
I hate drivers like you that tailgate.
That said you will most likely be offered a lower charge at ER or trial.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
what part of we were all stopping to turn right ... ie I was one car length when he stopped and so I reacted . speed at time of impact was under 5km. I offered to take a lesser charge of following but the officer said it didn't warrant it as the skids showed I wasn't following too close.. so thanks for coming out... Either offer some insight or take your judgemental tush elsewhere... I can easily say I hate over cautious drivers specially when they stop in a roundabout because they are unsure of the driver waiting to come in... or that drivers over 60 should go for regular vision/road tests. Either way fact is the driver of the other vehicle was listing and playing with some electronic device that I witnessed him removed the earphones when I checked to see if he was alright. Officer felt the evidence didn't support following too close.. So from what I've been reading here it seems that the "Careless" Charge is being tossed around like confetti at a party tying up the court systems for what to try to get higher convictions for lesser charges? I'll Post the outcome of my trial. Going to love to see the other driver come in as a witness when he didn't even see anything but his Iphone/ipod screen. Oh wait I'm not going to be there so the crown can't prove the "who".
what part of we were all stopping to turn right ... ie I was one car length when he stopped and so I reacted . speed at time of impact was under 5km. I offered to take a lesser charge of following but the officer said it didn't warrant it as the skids showed I wasn't following too close.. so thanks for coming out... Either offer some insight or take your judgemental tush elsewhere...
I can easily say I hate over cautious drivers specially when they stop in a roundabout because they are unsure of the driver waiting to come in... or that drivers over 60 should go for regular vision/road tests. Either way fact is the driver of the other vehicle was listing and playing with some electronic device that I witnessed him removed the earphones when I checked to see if he was alright. Officer felt the evidence didn't support following too close.. So from what I've been reading here it seems that the "Careless" Charge is being tossed around like confetti at a party tying up the court systems for what to try to get higher convictions for lesser charges?
I'll Post the outcome of my trial. Going to love to see the other driver come in as a witness when he didn't even see anything but his Iphone/ipod screen. Oh wait I'm not going to be there so the crown can't prove the "who".
You rear ended another vehicle, as much as you want it to be his fault it is your responsibility to leave sufficient room to react. It appears clear you failed to do this. Had you left more room you would have been able to stop in time and there would have been no accident. It's not fair, but that's the way it is. The good news is that no one was injured (or were they?). You may want to make a conscious effort to leave yourself more room while driving, particularly with precious cargo on board and take this as the lesson it is. Maybe Points can get you your dismissal, but I would be willing to bet if they do it is due to a procedural error rather than your "defence" that the driver ahead of you was fiddling with his Ipod or stopped too rapidly. Why would you even think the crown would have difficulty proving the who? I was in a similar accident years ago, and up until that point felt that my driving was entirely safe - and for day to day travel my driving habits were fine, until the vehicle ahead of me stopped suddenly to avoid an animal and I had insufficient room to stop. Was I pissed at the driver ahead of me for putting me into that situation over a squirrel? Sure, but if I'd have left just one more car length between us there would have been no collision. Good luck, let us know how it turns out.
You rear ended another vehicle, as much as you want it to be his fault it is your responsibility to leave sufficient room to react. It appears clear you failed to do this. Had you left more room you would have been able to stop in time and there would have been no accident.
It's not fair, but that's the way it is. The good news is that no one was injured (or were they?). You may want to make a conscious effort to leave yourself more room while driving, particularly with precious cargo on board and take this as the lesson it is.
Maybe Points can get you your dismissal, but I would be willing to bet if they do it is due to a procedural error rather than your "defence" that the driver ahead of you was fiddling with his Ipod or stopped too rapidly. Why would you even think the crown would have difficulty proving the who?
I was in a similar accident years ago, and up until that point felt that my driving was entirely safe - and for day to day travel my driving habits were fine, until the vehicle ahead of me stopped suddenly to avoid an animal and I had insufficient room to stop. Was I pissed at the driver ahead of me for putting me into that situation over a squirrel? Sure, but if I'd have left just one more car length between us there would have been no collision.
I'm not trying to place blame on him... Your correct, I rear ended him ergo my fault.. I'm pissed at the officer for the ticket he issued. In no way was I careless. According to the HTA I could have been ticketed for something else. But instead he choose the most severe one for whatever reason and didn't feel like investigating. He was on scene for 5 min, spoke to one person then made his decision. Point I guess is that the Careless driving charged should be reserved for just that Careless driving. It's not just my insurance I'm worried about here, I can loose my Career, I'm a security guard. It's a bogus "catch all" ticket. If I were drunk and walking a bike I wouldn't be charged with Care and control, I would be ticketed for drunk in public. Now if I got on the bike that would be a DUI.
I'm not trying to place blame on him... Your correct, I rear ended him ergo my fault.. I'm pissed at the officer for the ticket he issued. In no way was I careless. According to the HTA I could have been ticketed for something else. But instead he choose the most severe one for whatever reason and didn't feel like investigating. He was on scene for 5 min, spoke to one person then made his decision. Point I guess is that the Careless driving charged should be reserved for just that Careless driving. It's not just my insurance I'm worried about here, I can loose my Career, I'm a security guard.
It's a bogus "catch all" ticket. If I were drunk and walking a bike I wouldn't be charged with Care and control, I would be ticketed for drunk in public. Now if I got on the bike that would be a DUI.
I would also like to add.. My defence is "failing to prove Careless" ie what would any other average driver do in that situation & driving without due diligence. I slammed my brakes.. isn't that what you would have done? I was aware of the cars braking in front of me and was applying the brakes to slow downs (showing due diligence). Forget tailgating but focus on that time. I suggested a ticket for following too close but the officer said my skids proved otherwise. I'm looking for the law side on this subject not personal opinions. Spoke with my insurance company and they said a lesser ticket would be fine. However my policy is up for renewal in February and they cautioned me that when they do their "check" in January that if I have the Careless on my record they will cancel. I asked them what if it's still in courts they said it didn't matter. Can anyone inform me if this will be on my record while it's being disputed?
I would also like to add.. My defence is "failing to prove Careless" ie what would any other average driver do in that situation & driving without due diligence. I slammed my brakes.. isn't that what you would have done? I was aware of the cars braking in front of me and was applying the brakes to slow downs (showing due diligence). Forget tailgating but focus on that time. I suggested a ticket for following too close but the officer said my skids proved otherwise.
I'm looking for the law side on this subject not personal opinions. Spoke with my insurance company and they said a lesser ticket would be fine. However my policy is up for renewal in February and they cautioned me that when they do their "check" in January that if I have the Careless on my record they will cancel. I asked them what if it's still in courts they said it didn't matter. Can anyone inform me if this will be on my record while it's being disputed?
You won't lose your job over this. The Solgens office has a list of specific convictions that would prevent licencing/relicencing of Security Guards and the list (last I saw) was limited to Criminal Code and CDSA convictions, you may not be eligible to drive for your employer as their insurance company won't like the ticket, but you'd still be working. This does not go on your record UNTIL the matter is resolved (conviction/dismissal/whatever). As long as it is before the courts it will not show up on your abstract, and so the insurance company won't be able to see it. That's not due dilligence you're describing by the way - had you been honking your horn, running with your hazards on and screaming out the window it isn't due dilligence. You are operating a motor vehicle, you are EXPECTED, even REQUIRED to be paying attention, the fact that you struck the vehicle says it all. That's not only my opinion, it's a fact. The obvious counter to your "defence" is "a reasonable person in similar circumstances would have left adequate room to stop".
You won't lose your job over this. The Solgens office has a list of specific convictions that would prevent licencing/relicencing of Security Guards and the list (last I saw) was limited to Criminal Code and CDSA convictions, you may not be eligible to drive for your employer as their insurance company won't like the ticket, but you'd still be working.
This does not go on your record UNTIL the matter is resolved (conviction/dismissal/whatever). As long as it is before the courts it will not show up on your abstract, and so the insurance company won't be able to see it.
That's not due dilligence you're describing by the way - had you been honking your horn, running with your hazards on and screaming out the window it isn't due dilligence. You are operating a motor vehicle, you are EXPECTED, even REQUIRED to be paying attention, the fact that you struck the vehicle says it all. That's not only my opinion, it's a fact.
The obvious counter to your "defence" is "a reasonable person in similar circumstances would have left adequate room to stop".
Out of curiosity, how much damage was done to (a) your vehicle (b) the vehicle you directly struck (c) the truck 5 feet in front of that? Also, your brakes were in good working order? I don't hate you (though I do dislike tailgating a lot)... but I am struggling with your arguments. The driver of vehicle b had ear buds. That's not very smart but doesn't make him culpable. He was hit with enough force to launch him at least 5 feet forward while he probably had is brakes on. I don't believe he's required to pull forward 5 feet, though that might have helped. The "I was driving more cautiously than usual" argument could be a two edged sword. A particularly vexatious JP or prosecutor might ask how incautiously you might drive without young children aboard.
Out of curiosity, how much damage was done to (a) your vehicle (b) the vehicle you directly struck (c) the truck 5 feet in front of that? Also, your brakes were in good working order?
I don't hate you (though I do dislike tailgating a lot)... but I am struggling with your arguments. The driver of vehicle b had ear buds. That's not very smart but doesn't make him culpable. He was hit with enough force to launch him at least 5 feet forward while he probably had is brakes on. I don't believe he's required to pull forward 5 feet, though that might have helped. The "I was driving more cautiously than usual" argument could be a two edged sword. A particularly vexatious JP or prosecutor might ask how incautiously you might drive without young children aboard.
FYI, the following article covers the topic of the careless driving charge being applied indiscriminately: http://www.guelphmercury.com/news-story ... y-to-drive
pirish wrote:
So from what I've been reading here it seems that the "Careless" Charge is being tossed around like confetti at a party tying up the court systems for what to try to get higher convictions for lesser charges?
FYI, the following article covers the topic of the careless driving charge being applied indiscriminately:
FYI, the following article covers the topic of the careless driving charge being applied indiscriminately: http://www.guelphmercury.com/news-story ... y-to-drive That article pretty much sums it up. In my layman opinion, the problem with "careless driving" as defined in the HTA is that it is far too generic and the penalty that accompanies it is far too stiff. Any time a motorist commits an offense it could be argued that they were "driving without due care and attention." Back in the day when careless driving was meant to deal with people who drove recklessly and with complete disregard to public safety, a penalty of six demerit points, possible jail time and a loss of insurance coverage didn't seem out of place. But it's way too harsh for everyday fender-benders and stuff like that. IMO, this section of the HTA is due for change.
hecubus wrote:
pirish wrote:
So from what I've been reading here it seems that the "Careless" Charge is being tossed around like confetti at a party tying up the court systems for what to try to get higher convictions for lesser charges?
FYI, the following article covers the topic of the careless driving charge being applied indiscriminately:
In my layman opinion, the problem with "careless driving" as defined in the HTA is that it is far too generic and the penalty that accompanies it is far too stiff. Any time a motorist commits an offense it could be argued that they were "driving without due care and attention." Back in the day when careless driving was meant to deal with people who drove recklessly and with complete disregard to public safety, a penalty of six demerit points, possible jail time and a loss of insurance coverage didn't seem out of place. But it's way too harsh for everyday fender-benders and stuff like that. IMO, this section of the HTA is due for change.
While I somewhat admire your ambition, Careless Driving is not something to screw around with. I'd say there's a good chance they may offer you some kind of plea deal that would nix Careless Driving for something else (eg. Following Too Closely). Personally, if I were in your shoes i'd take it and run. You're still going to be convicted, but you'll be able to continue functioning on your normal insurance provider. You're running the risk of getting booted by your insurance company and having to bend over for high risk insurance. I've seen some friends who've had to go down this route and the rates were UNBELIEVABLE. "Buy this car to drive to work, Drive to work to pay for this car" is what you're going to be doing on facility insurance. Since you've hired Pointts, they aren't going to go into some kind of battle over this ticket anyways. When they say they'll try for dismissal, it means they are going to do what everyone else already does here on their own (eg. receive disclosure, have a trial within a reasonable amount of time). When they get nowhere with that, they'll try to get you a reduced fine. I'd highly consider it if I were you. I say this in the nicest way, but don't be a hero.
While I somewhat admire your ambition, Careless Driving is not something to screw around with.
I'd say there's a good chance they may offer you some kind of plea deal that would nix Careless Driving for something else (eg. Following Too Closely). Personally, if I were in your shoes i'd take it and run. You're still going to be convicted, but you'll be able to continue functioning on your normal insurance provider.
You're running the risk of getting booted by your insurance company and having to bend over for high risk insurance. I've seen some friends who've had to go down this route and the rates were UNBELIEVABLE. "Buy this car to drive to work, Drive to work to pay for this car" is what you're going to be doing on facility insurance.
Since you've hired Pointts, they aren't going to go into some kind of battle over this ticket anyways. When they say they'll try for dismissal, it means they are going to do what everyone else already does here on their own (eg. receive disclosure, have a trial within a reasonable amount of time). When they get nowhere with that, they'll try to get you a reduced fine. I'd highly consider it if I were you. I say this in the nicest way, but don't be a hero.
Ok so got an update here... just received pre-trial offer for my carless driving.. they offered "Fail To Turn Out to Avoid Collision" contrary to section 148(5) of The Highway Traffic Act. This charge carries 2 demerit points and a fine of $110.00. At this point I requested a copy of the crown disclosure from my paralegal. upon reading it I found a lot of issues...and I'm wondering if it would be worth it to risk trial based on what I have. I didn't give a statement at time of accident nor did my wife. 1. officers notes have no mention that I slammed my brakes... in fact it implies that I drove straight in to the car in front of me. Summary says "Failed to Stop". I have photo's of the accident and points of impact as well as measurements. Point of impact on other car was 1.5 feet from street level (Hyundai accent) my car's damage was focused at the hood latch 2 feet from ground. This indicates that my car's front end was dipped down from stopping. According to strict liability from what I understand, This proves that I wasn't driving carelessly, I was doing what any other normal person would have done.. apply brakes. 2. when I hit car in front it hit another in front of him. (V3) Driver of V3 says a Honda hit him in his statement (was a Hyundai doesn't even know what car hit him) Are these sufficient to use as a defence? or should I just bend over and take the 2 demrits along with the %15 surcharge on my insurance?
Ok so got an update here... just received pre-trial offer for my carless driving.. they offered
"Fail To Turn Out to Avoid Collision" contrary to section 148(5) of The Highway Traffic Act. This charge carries 2 demerit points and a fine of $110.00.
At this point I requested a copy of the crown disclosure from my paralegal. upon reading it I found a lot of issues...and I'm wondering if it would be worth it to risk trial based on what I have.
I didn't give a statement at time of accident nor did my wife.
1. officers notes have no mention that I slammed my brakes... in fact it implies that I drove straight in to the car in front of me. Summary says "Failed to Stop". I have photo's of the accident and points of impact as well as measurements. Point of impact on other car was 1.5 feet from street level (Hyundai accent) my car's damage was focused at the hood latch 2 feet from ground. This indicates that my car's front end was dipped down from stopping.
According to strict liability from what I understand, This proves that I wasn't driving carelessly, I was doing what any other normal person would have done.. apply brakes.
2. when I hit car in front it hit another in front of him. (V3) Driver of V3 says a Honda hit him in his statement (was a Hyundai doesn't even know what car hit him)
Are these sufficient to use as a defence? or should I just bend over and take the 2 demrits along with the %15 surcharge on my insurance?
I'd disagree that simply braking prior to impact shows due care. Why couldn't you stop in time? Where you distracted? Were you not following from a safe distance? A rear end collision may not be sufficient in itself to show careless driving, but neither is simply braking to show due care. I would consider that a very minor discrepancy. Some people aren't car people and have a hard time telling apart makes and models. Most people don't recall the other driver's name, licence plate, etc. That's why police attend and take a report to record those details. If he confirmed with the reporting officer that it was you operating the motor vehicle that struck him, it should be sufficient. I personally don't think either of the points you raised are very helpful to your defence. That being said, the Crown still has to prove the case against you. You have a paid professional who's familiar with the Court you'll be attending and has an overview of all of the evidence. What do they recommend?
pirish wrote:
1. officers notes have no mention that I slammed my brakes... in fact it implies that I drove straight in to the car in front of me. Summary says "Failed to Stop". I have photo's of the accident and points of impact as well as measurements. Point of impact on other car was 1.5 feet from street level (Hyundai accent) my car's damage was focused at the hood latch 2 feet from ground. This indicates that my car's front end was dipped down from stopping.
According to strict liability from what I understand, This proves that I wasn't driving carelessly, I was doing what any other normal person would have done.. apply brakes.
I'd disagree that simply braking prior to impact shows due care. Why couldn't you stop in time? Where you distracted? Were you not following from a safe distance? A rear end collision may not be sufficient in itself to show careless driving, but neither is simply braking to show due care.
pirish wrote:
2. when I hit car in front it hit another in front of him. (V3) Driver of V3 says a Honda hit him in his statement (was a Hyundai doesn't even know what car hit him)
I would consider that a very minor discrepancy. Some people aren't car people and have a hard time telling apart makes and models. Most people don't recall the other driver's name, licence plate, etc. That's why police attend and take a report to record those details. If he confirmed with the reporting officer that it was you operating the motor vehicle that struck him, it should be sufficient.
pirish wrote:
Are these sufficient to use as a defence? or should I just bend over and take the 2 demrits along with the %15 surcharge on my insurance?
I personally don't think either of the points you raised are very helpful to your defence. That being said, the Crown still has to prove the case against you. You have a paid professional who's familiar with the Court you'll be attending and has an overview of all of the evidence. What do they recommend?
Your missing the point.. .the officer failed to include my full statement to him " I said *EDIT* and slammed the brakes." or that my wife said this to him also in his report. But he did report that I said He didn't have break lights on. I would consider that a very minor discrepancy. Some people aren't car people and have a hard time telling apart makes and models. Most people don't recall the other driver's name, licence plate, etc. That's why police attend and take a report to record those details. If he confirmed with the reporting officer that it was you operating the motor vehicle that struck him, it should be sufficient. Well in his written statement he was sure able to provide my licence plate and the other vehicle's plate... I personally don't think either of the points you raised are very helpful to your defence. That being said, the Crown still has to prove the case against you. You have a paid professional who's familiar with the Court you'll be attending and has an overview of all of the evidence. What do they recommend? They haven't recommended anything... in fact they are wanting me to make the decision... hence why I'm trying to see if it's worth it..
Stanton wrote:
pirish wrote:
1. officers notes have no mention that I slammed my brakes... in fact it implies that I drove straight in to the car in front of me. Summary says "Failed to Stop". I have photo's of the accident and points of impact as well as measurements. Point of impact on other car was 1.5 feet from street level (Hyundai accent) my car's damage was focused at the hood latch 2 feet from ground. This indicates that my car's front end was dipped down from stopping.
According to strict liability from what I understand, This proves that I wasn't driving carelessly, I was doing what any other normal person would have done.. apply brakes.
Stanton wrote:
I'd disagree that simply braking prior to impact shows due care. Why couldn't you stop in time? Where you distracted? Were you not following from a safe distance? A rear end collision may not be sufficient in itself to show careless driving, but neither is simply braking to show due care.
Your missing the point.. .the officer failed to include my full statement to him " I said *EDIT* and slammed the brakes." or that my wife said this to him also in his report. But he did report that I said He didn't have break lights on.
pirish wrote:
2. when I hit car in front it hit another in front of him. (V3) Driver of V3 says a Honda hit him in his statement (was a Hyundai doesn't even know what car hit him)
I would consider that a very minor discrepancy. Some people aren't car people and have a hard time telling apart makes and models. Most people don't recall the other driver's name, licence plate, etc. That's why police attend and take a report to record those details. If he confirmed with the reporting officer that it was you operating the motor vehicle that struck him, it should be sufficient.
Well in his written statement he was sure able to provide my licence plate and the other vehicle's plate...
pirish wrote:
Are these sufficient to use as a defence? or should I just bend over and take the 2 demrits along with the %15 surcharge on my insurance?
I personally don't think either of the points you raised are very helpful to your defence. That being said, the Crown still has to prove the case against you. You have a paid professional who's familiar with the Court you'll be attending and has an overview of all of the evidence. What do they recommend?
They haven't recommended anything... in fact they are wanting me to make the decision... hence why I'm trying to see if it's worth it..
Can someone answer me on this... I can't seem to find if Fail To Turn Out to Avoid Collision" contrary to section 148(5) of The Highway Traffic Act is a minor, Major, or Serious ticket. it's a 2 point ticket.
Can someone answer me on this... I can't seem to find if Fail To Turn Out to Avoid Collision" contrary to section 148(5) of The Highway Traffic Act is a minor, Major, or Serious ticket. it's a 2 point ticket.
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On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…