Several months ago, I was on my motorcycle and went to pass two vehicles at the same time. The front car was driving roughly 60kph in an 80kph zone (and had been for 5+ minutes). The car behind it (a uhaul truck) was not going to pass, so I went for it. The driver of the front vehicle, without signalling, turned left and a significant accident ensued. I was taken to hospital and was given no ticket or anything by a police officer, but yesterday, received a summons for Oct 26th to answer for the charge of "drive a vehicle carelessly". To that end, I am confused. I understand, from conversations with friends, that passing multiple vehicles at the same time is apparently illegal (I was not aware, I figured on a straight enough, long enough, open enough road one could pass however many cars they saw fit). But I do not understand why the Crown Attorney would decide that they would press "careless driving charges". I was not careless, and was a fairly responsible motorcycle rider (not all of them are). I guess I'm to call their office, but I guess my questions are: 1.) Why can I not, as when I received a prior ticket (for improper license plate attachment to my car), talk about a plea deal? Tickets have that box to check when you send them in, but I was never given that chance at all. 2.) Assuming at some point I am given the opportunity to plea, is the proper plea attempt to get down to "improper passing"? 3.) (Doubtful members could answer this) Why in the world would they go all the way to careless, when I was in fact within the speed limit or 10 over during the pass. The motorcycle I had was a very fast bike, and yet I was keeping to the laws of the land, why would it be such a significant charge? Any advice, comments, etc would be welcome.

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Improper Passing or Careless Driving?

by: Ex1100 on

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hwybear
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Re: Improper Passing or Careless Driving?

I find it weird/unusual about disclosure as usually a summons is different from a ticket, in that the complete brief (disclosure) was available on your first October court date.

I find it weird/unusual about disclosure as usually a summons is different from a ticket, in that the complete brief (disclosure) was available on your first October court date.

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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Simon Borys
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Re: Improper Passing or Careless Driving?

It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a book of authorities for all the cases they want to reference. Then they have to print multiple copies, bind them, make a trip to the courthouse, and serve a copy on them. The fact that yours is simple is probably why it would take ONLY a day. Also, it's more complicated than just the amount of time since the charge. Some of that time can be counted as intake or neutral time, which means it doesn't count in the calculation. Finally, you might wonder why paralegals have to go through all this trouble if unrepresented people don't. The answer is because they know how to and it is the rules of practice. Those rules are sometimes relaxed for unrepresented individuals to ensure justice, but the fact remains that without a factum and oral argument, most challenges by unrepresented peopke are unsuccessful. Reason being that you cant rely on the judge to know the law and how it applies to your particular case, you have to present it to them in a clear and convincing manner.

It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a book of authorities for all the cases they want to reference. Then they have to print multiple copies, bind them, make a trip to the courthouse, and serve a copy on them. The fact that yours is simple is probably why it would take ONLY a day.

Also, it's more complicated than just the amount of time since the charge. Some of that time can be counted as intake or neutral time, which means it doesn't count in the calculation.

Finally, you might wonder why paralegals have to go through all this trouble if unrepresented people don't. The answer is because they know how to and it is the rules of practice. Those rules are sometimes relaxed for unrepresented individuals to ensure justice, but the fact remains that without a factum and oral argument, most challenges by unrepresented peopke are unsuccessful. Reason being that you cant rely on the judge to know the law and how it applies to your particular case, you have to present it to them in a clear and convincing manner.

NOTHING I SAY ON HERE IS LEGAL ADVICE.

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