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Seems like a wrong charge. You approached the intersection on red and "stopped". In my opinion a correct charge would have been Red Light - proceed before green.

Police video may help you to mount a defense.

You certainly have a defence on this matter. If you believe that you have entered the intersection on an amber light you should go to trial. It will be your evidence against the officer's. If your evidence will be accepted and found credible you have a good chance.

You should definitely get your vehicle inspected (and get a mechanic's report). If you satisfy the court that this accident happened due to a mechanical failure - you have a good chance.

P.S. Careless Driving carries 6 demerit points (not 4).

In this particular case section number 142.1 is fine. It is not a mistake that will render this ticket a nullity. In other cases where section number actually refers to another offence may have some weight.

All signs errected must be visible. I you believe that the view of this particular sign was obstructed or not visible to the approaching drivers you may have a good chance at trial.

Ontario Regulation 615 made under the Highway Traffic Act set out particulars you looking for.

If your conviction was registered close to a year ago then the only option is to proceed by way of Motion to Extend Time To File An Appeal. On the date of motion hearing you will need to explain why you did not appeal within prescribed time and whether you have grounds for appeal.

If you unable to appear in court on your scheduled trial date you may file a motion and ask the court to reschedule your appearance. You have to include an affidavit "sworn statement" as to why you are unable to appear and the presiding Justice of the Peace will consider your position.
You have to file motion in advance as your motion will be heard ...

If these are Ontario tickets then your set fine on Insurance card ticket is wrong. Since you did not appear at trial that ticket should have been quashed. If you decide to do a reopening instead it will not cure wrong set fine and appeal is a more appropriate option.

There is serious mistake on this ticket. Set fine for the offence is wrong!!!

Proper way of dealing with (from prosecution's view) was to invite JP to dismiss the seatbelt charge but it will not matter at this stage.

Prosecutor withdrew seat belt charge because officer did not have any evidence to support it at trial. They cannot reinstate it later as retrial on the same issue will not result in anything different.

You should definitely dispute this ticket.

Interfere with traffic offence does not have any demerit points but may still affect you driving abstract.

If prosecution withdrew the charge they can not reinstate it at the appeal.

Did you actually have a trial? Sounds like you have pled guilty to one charge and prosecution withdrew the other.....If this is the case then what are your grounds for an appeal?

Driving without due care and attention........

It appears that officer "concluded" that you were travelling too fast for the weather conditions. The door is certainly open for the defence on this one.

Single motor vehicle collisions are fun to fight (at least from my prospective). Do not be alrmed because of "Careless Driving" charge as it is only a beginning.

Statement that you provided to the police is what you should be concentrating on in the first place.

Was it cautioned statement? Did you write/sign it?

If the statement is excluded ...

This might be an interesting read for you.

http://www.canlii.org/en/on/onca/doc/20 ... nca22.html

Seek legal help. Obviously this charge is not going away on its own.

It is unfortunate that you received a Careless driving ticket. In many jurisdictions (including Mississauga) careless driving charges are laid as a default charge. In my experience in 80% of the cases it is actually not careless.

I have argued this particular charge on many occasions and can tell you with certainty - It is not easy to prove it ...

See if prosecution is in the position to resolve this matter to "Drive motor vehicle - No license" - $260 fine, no suspension.

If you are convicted of Drive Under Suspension - 6 months suspension will follow automatically.

First attendance is a non winning process (and not yet legislated either).

I always advise my clients not to rush into guilty pleas for anything untill disclosure was reviewed.

By the way, prosecution should not offer any resolutions untill they are satisfied that there is reasonable prospect of conviction.

What are your options......see for ...

Sounds like the charge was laid under s. 163(2).

Drivers approaching stop sign at the railway crossing must stop at the marked stop line or no less than five meters from nearest rail of the railway.

Prosecution will not likely entertain your plea to document charge instead of 182(2).

You have no defence to the document charge. It is an absolute liability offence and it is very easy for prosecution to prove it. In most cases they will withdraw "paper charge" and let you plea to 182(2) with reduced fine.

Where did this offence took place?

Is your license still suspended?

Can JP accept a plea bargain on the first attendance date or is it only the prosecutor right before the trial date?

Thanks guys.

First attendance is a process where you can resolve your matter by pleading guilty or making submissions as to penalty.

It is a process that does not require attendance of police officer and in most cases prosecutor ...

He agreed to remove the racing charge, and amend the speeding to a 49 over for 4 points but then he doubled the set fine instead.



JP did not have jurisdiction to impose fine more than $343 plus surcharge for this speeding offence. There is no jurisdiction to change speeding ticket penalties. Speeding penalties are set by legislation for that ...

Invitation to an interview with a Ministry of Transportation is NOT an automatic D/L suspension. In fact I don't think I ever heard anyone suspended at the interview stage.

You should be able to "resolve" this matter without a conviction registered on your record. In Brampton prosecutors can do "miracles".

Dont waste your time for meeting with prosecutor (unless you want to plead guilty). First attendance meetings are designed for one thing only... and I dont think you want it.

File the ticket for trial and prepare to fight it. There is two sides of the story! Not just a police officer's.

You stopped. (see R. v. W.D. case)

File it for court, order disclosure

The Appeal does not have to take forever. There are remedies available to deal with delayed Appeal, especially when municipality does not move forward with transcripts. Available remedies include Stay....

Ask professionals as to your options as you have them.