Search found 12 matches

by badtiming
Wed Aug 19, 2015 3:13 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

Actually, the officer absolutely needs to attend. Only they can properly identify you. Without that, the prosecutor fails to meet its case. Its weird that someone would even suggest that the officer is not essential; its not possible to prove the case otherwise since it fails on the ID element. I d...
by badtiming
Tue Aug 18, 2015 10:13 pm
Forum: Improper left turn
Topic: does 148(5) apply to my situation
Replies: 1
Views: 1985

does 148(5) apply to my situation

so i rear ended a truck that was over a slight hill and i tried to go to the left to pass him at the last moment and i ended up hitting him going 65km and he going 15km. i wont go into detail with what happened other than i did get charge with careless even though i wasnt careless so i plan on fight...
by badtiming
Tue Aug 18, 2015 9:44 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

Well if that is the case and the officer is NOT present and only the other driver, then you definitely want somebody else to represent you and not show up yourself. If you are not present (and you do not need to be unless it is a criminal charge which I don't believe this is) then the other driver ...
by badtiming
Tue Aug 18, 2015 8:41 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

Section 148(5) deals with overtaking cars. Its aim is actually to require that you pass on the left. However, prosecutors commonly use that section as a means to negotiate down from careless driving or follow too closely interpreting it as a 'lane change' section as oppose to an 'overtaking' sectio...
by badtiming
Mon Aug 17, 2015 11:30 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

They're not going to let you plea to 141(5). The evidence in the case doesn't support that charge. They may offer 148(5) fail to turn out to the left to avoid collision. Follow too close may be a stretch as well. Based on your own evidence that the truck was 100 feet way when you saw it. The office...
by badtiming
Mon Aug 17, 2015 11:25 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

First off, if you're already at trial, its because you didn't take any offer----pretty risky move on your part. However, if you ARE at trial and neither officer shows up, then the prosecutor can't make out their case since they can't properly identify you. If they don't get an adjournment, then the...
by badtiming
Mon Aug 17, 2015 12:13 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

Actually, the officer absolutely needs to attend. Only they can properly identify you. Without that, the prosecutor fails to meet its case. Its weird that someone would even suggest that the officer is not essential; its not possible to prove the case otherwise since it fails on the ID element. By ...
by badtiming
Sun Aug 16, 2015 11:48 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

I don't believe that either officer will have to appear to secure a Careless Driving conviction. The crown only needs the other driver's testimony to convict you of Careless Driving. Officers' appearances would be extra, and not essential. Maybe the one that did the measurement could appear and tes...
by badtiming
Sun Aug 16, 2015 9:55 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

@Decatur is correct, my mistake... the amended charged would be 148(5) and not 141(5). S148(5) carries two demerit points: http://www.ontario.ca/laws/regulation/940339 Unless the major collision bureau was involved and an accident reconstruction done following your accident, and as Decatur describe...
by badtiming
Sun Aug 16, 2015 6:12 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

[quote="Decatur"]They're not going to let you plea to 141(5). The evidence in the case doesn't support that charge. They may offer 148(5) fail to turn out to the left to avoid collision. Follow too close may be a stretch as well. Based on your own evidence that the truck was 100 feet way w...
by badtiming
Sun Aug 16, 2015 4:34 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

Re: got careless driving ticket for HITTING the back of a tr

Careless Driving is the go-to charge when it comes to rear-end accidents; Ontario police overcharge with careless, anticipating a plea to a lessor offence. The error with respect to speeds is not going to make or break this case; you can contact the police station and ask that they amend/change it ...
by badtiming
Sun Aug 16, 2015 12:06 am
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 5664

got careless driving ticket for HITTING the back of a truck

hey guys i need to know what the PROS (you guys) think about my situation. i will first post my questions then state what happened 1)the likely hood of getting it lowered to "following to close" or even dropped 2) how much would it affect my insurance being only 19 but with a full G , zero...

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