Careless Driving ticket, Dirfting.

silvs14
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Careless Driving ticket, Dirfting.

by: silvs14 on
Mon May 20, 2013 10:25 pm

Hello guys !

Looking for some input on my problem.. I made a very stupid mistake last week.. P.S Im from Edmonton But im hoping you guys can give some input!

So I went to my friends house to visit, Ive recently boughten a new car so I wanted to show him.

He lives in a residential area in St Albert, We went for a ride and went down a road and turned around and went to leave the four way intersection to go back to his house.

I decided to show him a burnout/Dirft in the car. I looked around everywhere before I did it, There were no one walking , Around the road or in cars around the intersection/Road.

When I pulled out of the intersection I drifted my car through the 4 way stop turning left to go back to his house. I did not loose control of the vechile in no matter at all.

I finished the dirft in my lane going under/Near the speed limt because it was a very short dirft.

So I drive up the road and with my luck there was a cop 600-1000 metres down the road. So He seen me do the dirft through the intersection.

I continued to drive down the road knowing he was going to pull me over, He did not turn his lights on right away he gently turned around then pulled me over.

He came to my window and said Bad timing huh, And all I did was apoligize for the stupid mistake I did. I explained how stupid I was to do it in the area.

He then went back to his car and came back 10-15 minutes later with a careless driving ticket.

My question is, Isnt drifting a car in a manner where the car looses traction on the tires considered Stunting ?

Also considering I of course had full attention and care of what I was doing, which is wrong But I was not careless, I did not cause a accident, Hurt or kill anyone.

============
2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of Its tires to lose traction with the surface of the highway while turning.


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I am not sure if I should fight this ticket and tell them I was stunting And not being careless,

Any input would be greatly appreciated

Thanks guys.


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by: Stanton on
Tue May 21, 2013 1:39 am

I think trying to suggest you should have been charged with a more serious offence is a poor idea to say the least. I also think you’re going to have an uphill battle trying to argue that drifting on a public highway demonstrates due care. I’d suggesting getting a professional to represent you.


silvs14
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by: silvs14 on
Tue May 21, 2013 8:26 am

So, The charge depends on where you were located?

Even though i was stunting , But because i did it on a public road it is more serious? And could be reckless ?

And i contacted Pointts ,Going to see what they say.

Thank you for reading ,

Please give more advice!


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by: hwybear on
Tue May 21, 2013 7:04 pm

silvs14 wrote: Even though i was stunting , But because i did it on a public road it is more serious? And could be reckless ?!
you misunderstood Stanton.... Performing a Stunt with a motor vehicle is a more serious offence and your car could have been impounded for 7 days and a court date set a month or so away...instead you lucked out and the officer gave you a "careless driving" ticket. at roadside and you kept your car, no impound fees, no towing fees
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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by: bend on
Tue May 21, 2013 7:28 pm

I don't know what the Alberta Traffic Act says about Stunt Driving, but the other posters here are correct.

In Ontario, the officer would be cutting you a big break by issuing Careless Driving instead of Stunt Driving. Not to say Careless Driving isn't so bad, because it is, but it's way better than dealing with a Stunt Driving charge.

Careless driving still applies to the situation, so it isn't wrong to be charged with it.


silvs14
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by: silvs14 on
Tue May 21, 2013 10:49 pm

Maybe this isn't the right place to ask about tickets in alberta

Not trying to be offensive , But my friend had gotten a stunting ticket and he did not get his car impounded or towed.

Maybe it is different in alberta then it is in Ontario?


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by: Stanton on
Tue May 21, 2013 11:28 pm

Okay, I misunderstood. I thought you meant you're from Alberta but got charged in Ontario. I have no familiarity with the Alberta traffic laws so you can disregard my post.

In future, I'd suggest posting such questions in the "Offences Outside Ontario" message forum. Might get more responses from non-Ontarians.


silvs14
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by: silvs14 on
Wed May 22, 2013 9:34 am

So sorry i didnt mention it more clearly, But i will look into thay sectio !

Thanks for the posts , Im hoping a stunting ticket in alberta does not come down to my car getting taken from me and impounded, Here in alberta stunting ia 3 points i belive.

I am hoping pointta will help me in court, And i hope getting a lawyer is the right decision.. Even though i have no excuse foe what i did i do regret it , And made a atupid mistake i will not make agian.. on highway/public roads anyway.

I will find a track and pay for the day if needed to get my fix in my car, haha.

Thanks guys.


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by: MrGP on
Wed May 22, 2013 2:29 pm

While the stunting charge may sound like a better fit, it's really the officer's discretion as to if you were driving with undo care. in Alberta they both fall under the same section and carry the same fine. The only real difference is the demerit points, 6 for careless vs 3 for stunting, and neither are automatic tows like in Ont.

At the very least the ticket could be argued down to stunting which will save you a few demerit points, might even be able to get it knocked down to a lesser offence but it depends on all the circumstances and last I heard the courts are not very forgiving in St Albert.


silvs14
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by: silvs14 on
Thu May 23, 2013 8:57 am

I guess i wasnt dirfting with undo care , Becaus i made sure there were no people walking and i wasnt doing dounuts or anything just a simple slide of the tail end and straight agian continueing down the road, didnt go off the shoulder hit any dirt nothing.

But yes they do carry the aame charge but careless is major, stunting is minor.

I belive, And hope.

My lawyer thinks he may have a chance to get the charge lower then stunting , But who knows. Long as it is not a major conviction and wont make my insurance sky rocket ill be happy.


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by: CliffClaven on
Sat May 25, 2013 6:47 am

silvs14 wrote:I guess i wasnt dirfting with undo care , Becaus i made sure there were no people walking and i wasnt doing dounuts or anything just a simple slide of the tail end and straight agian continueing down the road, didnt go off the shoulder hit any dirt nothing...
Good luck with your efforts to get the charge lowered from careless driving to stunting.

But I can't help but react to your insistence that somehow drifting "cautiously" on a public road is OK. It's not. Drifting might be fine in a secure public place, like a racetrack, but drifting on a public highway is certainly not driving with due care.

Smarten up, kid!




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by: G35Dalf on
Sat Jun 01, 2013 1:54 pm

silvs14 wrote:I guess i wasnt dirfting with undo care , Becaus i made sure there were no people walking and i wasnt doing dounuts or anything just a simple slide of the tail end and straight agian continueing down the road, didnt go off the shoulder hit any dirt nothing.
That's like saying you didn't rob a bank with undue care. No one was killed and you made sure not to bring a real gun, lol.

At least you've shown you learned your lesson. GL.


silvs14
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by: silvs14 on
Tue Jun 25, 2013 11:42 pm

Hi guys,

Just an update on my situation. I hired a lawyer to help me with the ticket.

He was from POINTSS, I called points and explained my situation, They gave me another number to a guy that was going to help me out.

I talked to him explained what happened, He said hed talk to the prosecutor, And I found out today that my careless driving ticket (6) points here in alberta and a 402$ price, Got lowered to a No dermit ticket and a 115$ price for excessive noise.

Needless to say I am very pleased, And have learned my lesson to not be so heavy footed.

I recommend POINTSS Very much.

Thanks for reading and commenting guys.


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