-
- Newbie
- Posts: 2
- Joined: Tue Oct 19, 2010 8:57 am
Careless Driving: No Accident. No Injury. No Racing...
I got a careless Driving ticket for $325 this morning and I'm freaking out.
Today at around 6:50 am I was driving Eastbound on Lakeshore in Mississauga and got into the left turn lane at Cawthra.
As I approached the intersection to turn left, there was one car in front of me in the left turn lane, and I could see a car coming in the opposite direction.
I saw the oncoming car before the car in front of me started to turn left, and decided there was enough for both of us to make our left turn.
Just as I started to go into my turn, I realized the car in the opposite lane was going faster than I anticipated, but because I had already committed to turning I had to dramatically speed up to avoid an accident.
Just my luck that the oncoming car was a police car, and he promptly turned around and caught up to me to give me a ticket. I barely said anything to the Officer (who lectured me) even though I was steaming mad that he was definitely speeding (without his lights flashing).
I'm wondering what is the best way to handle this without taking a beating in points, my insurance.
Please help?
Thanks,
John
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
The fine for careless driving is now $490. $325 is the old fine.
The case R. v. Monahan et al., 2009 ONCJ 298 (CanLII), which can be found here: http://www.canlii.org/en/on/oncj/doc/20 ... cj298.html states that an incorrect set fine means that the certificate is not complete and regular on its face and thus is subject to being quashed.
Of course the crown can try to amend the ticket at trial.
-
- Newbie
- Posts: 2
- Joined: Tue Oct 19, 2010 8:57 am
Thanks Simon, that's certainly a good place to start.
That aside...how should I expect to fair if the witness is the police officer himself?
What about these places like Points/X-Copper/Ott Legal ?
They any good?
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
The officer's evidence, like any witnesses, will be evaluated based on its own merits. Keep in mind that if the crown is going to proceed to a trial on careless, they have to prove that your driving constituted "without due care and attention or without reasonable consideration for other persons using the highway", which is not the easiest thing to prove. There are certainly counter arguments you could make against. I guess that's where a paralegal or lawyer would come in handy.
Of course one of your other options, as will all tickets, is to try to plea to a lesser offence, perhaps improper turn in this case.
- Traffic Law
- Member
- Posts: 162
- Joined: Thu Sep 25, 2008 5:28 pm
- Location: Mississauga
- Contact:
With all respect to previous posts - this charge is a WINNER. There will be no trial (unless you make a mistake and ask for one) and you will walk away with clear record and no fine. Wrong set fine! Let it go and File an appeal.
Good luck.
-
- Newbie
- Posts: 2
- Joined: Fri Nov 05, 2010 5:01 pm
i recently was also in an accident where i am being charged for careless driving, the set fine was written as $260 and the total payable amount the officer wrote $400 is this correct. Thank you for any responses.
- Traffic Law
- Member
- Posts: 162
- Joined: Thu Sep 25, 2008 5:28 pm
- Location: Mississauga
- Contact:
The charge of Careless Driving issued after 01 January 2010 "must" reflect the fine of $400 and total payable of $490. All other amounts give you grounds to get the ticket quashed. There is a technical process that "must" be followed in order to get the order you seek.
Appearance in court "Will" remedy the mistake and amendment granted.
-
- Similar Topics
-
-
New post Careless driving, no accident, no injury, no racing etc.
by SlowGsr in Careless DrivingLast post by Reflections Tue Mar 16, 2010 10:01 am
-
-
-
New post Careless driving, no accident, no injury, please help
by raj in Careless DrivingLast post by Radar Identified Sat Oct 02, 2010 12:26 am
-
-
-
New post Minor car accident no injury
by kanato in General TalkLast post by Radar Identified Thu Jan 07, 2010 7:44 pm
-
-
-
New post Careless Driving from Accident
by jkbla in Careless DrivingLast post by bend Fri Jan 09, 2015 11:01 pm
-
-
-
New post Careless driving - first accident
by plmqaz in Careless DrivingLast post by plmqaz Sun Dec 21, 2014 6:32 pm
-
-
-
New post Careless Driving after 2 accident
by Emily in Careless DrivingLast post by Emily Tue Nov 05, 2013 1:55 pm
-
-
-
New post Careless Driving after accident
by MsDeeya in Careless DrivingLast post by MsDeeya Wed Nov 06, 2013 10:53 pm
-
-
-
New post Accident Cause of Careless Driving
by mnstrcck in Careless DrivingLast post by mnstrcck Wed Mar 07, 2012 3:11 pm
-
-
-
New post First Accident - Careless Driving
by heath26 in Careless DrivingLast post by 287 Fri Feb 28, 2014 1:49 pm
-
-
-
New post Got into second accident and careless driving again. Help
by MsDeeya in Careless DrivingLast post by Stanton Sun Nov 24, 2013 5:35 pm
-
Who is online
Users browsing this forum: No registered users and 19 guests