Ontario Highway Traffic Act

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.