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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Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…