Turning Left On Amber Light And Hit By A Forthcoming Car
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from behind the big white van and hit me. Both vehicles were badly damaged. As a result, I was charged with careless driving with $499 fine and 6 points. I know I was not supposed to turned on amber when the road was not clear but I checked and there was nothing. The small car was right behind the big white van that was right in front of me blocking my view. I heard there were car accidents created on purpose for insurance fraud. Could this be one of them? I have heard my charge could be reduced to around one to two hundred dollars and down to 2 points without any arguement. I am wondering if I argue in court that this might be a possible fraud case, could all the six points be wiped out?
It doesn't sound like fraud, you fully admit you turned in front of the vehicle. Simply suggesting it may be fraud would not work as a defence in Court.
To have the charge reduced, you would need to meet with the Crown before the trial and see if you can work out a deal. Turn not in safety would be a more appropriate charge, with less points a lower fine and certainly less serious insurance implications.
Thanks for responding and giving me advice. I have talked to a few traffic ticket agents and got some very conflicting advise. Some said it's very hard to convict careless driving and based on the information I provided there is a very good chance to win if I hire them to represent me. One even said there is 100% chance to win as he has never lost fighting a careless driving ticket over the last 10 years. However, some said the opposite, meaning the information I provided is good enough to convict me. The reason they reduced my points from 6 to 2 is because the witness didn't show up, even though they could have drop the case. I don't know whom to belive. Some more comments and advice will be greatly appreciate.
If there is no witness the case can't go ahead. Period. So either a adjournment which if it was me I would object to or dismissal of charge.
Other factors would come into the careless charge, road / weather conditions, light cycles, speeds, injuries, damages...
I would not take anyone's 100% guarantee as there is no such thing.
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"Suddenly a small car dashed up from behind the big white van and hit me."
That's the kind of sentence that will get you convicted.
Realistically, the prosecutor will strike up a deal with you and reduce the fine/demerit points.
When these traffic defense lawyers say they will win 100%, that doesn't mean you'll be off the charge scott free. It means that they will win by striking a deal with the prosecutor for a lesser charge.
No, I do not work for Toronto Police...
... it is just a name folks
Thanks a lot for your comments and advice. I have already been offered a reduction of points from 6 to 2 but am still wondering how much chance I stand to get the careless driving charge dropped if I hire a traffic ticket fighter to prepresent me in court.
A reduction in points is attributed to amending to a lesser charge, like turn not in safety or left turn fail to afford ... Instead of the careless
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