This is my first post here. I am still a bit in shock and depressed from this incident. I'm not sure what to feel or what to do. I would appreciate your advice very much.
BACKGROUND: I bought a brand new manual car 3 weeks ago. I have never driven manual before so getting used to this car has been a learning curve and distracting at times. The rear window of this car is also very small which has limited my rear view. Previously, I was driving an automatic car for 15 years with a clean driving record. I pay about 150 bucks in insurance monthly.
INCIDENT: A few nights ago I was driving (at around speed limit) and did not notice that a cop was in my blind spot. I changed lanes without signaling and unfortunately cut him off. The cop then immediately overtook me and slammed his breaks in front of my car while going 60kph (I had to swerve my car immediately to the right to stop safely or I would have absolutely crashed into him). He then rushed out of his car, told me to get out (which I immediately did) and then pushed me against my car, and arrested me. I have bruises and scratches on my arm from the arrest. I want to make it completely clear that I did not resist in any way whatsoever. I complied with everything I was told. I did not want any trouble. I asked why I was arrested and was told it was for cutting him off. I was given a stunt driving ticket, my license suspended for 7 days, as well as my car impounded for 7 days.
I am in complete regret of my action for not signaling and not checking my blind spot. I was in the midst of figuring out which gear to change into and made a wrong move at the moment. At the same time, I have been in shock and devastated for how it went down. I stare at the bruises on my arm every day and brings me to tears. I haven't been able to find any information online that is similar to my case. I can only find instances of people going 50+ over or drifting/racing. I have been told a range of things. Some have said that I must get legal representation to deal with this or I may face conviction. Some have told me that this ticket will not hold enough grounds for a conviction and will be withdrawn by the prosecutor or at the very least reduced to a minor offence.
MY QUESTIONS: Can I go to my First Appearance, review the plea deal (if they offer one), and then get counsel AFTER and decide on the plea? or do I have to decide if I want the plea deal right then and there?
Also, can I ask for disclosure BEFORE my first appearance?
Stunt driving covers a lot of different scenarios. Although, 50+km is probably what it's most known for. You can click here for the full regulation.
I'm assuming the officer is going by either one of these, justified or not:
8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
Keyword is probably "intention." It's hard to judge based off of the limited amount of context.
You don't necessarily need representing for your summons, but you might want to consider it depending on the outcome.
If you're offered anything like failure to signal, you should probably consider taking it.
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