Careless Driving - Minor Collision
I got into an accident in June when I was driving home after getting supplies for a school project.
It was night time and raining, so I took a smaller route back home. I got into an accident as I was turning right onto another street. The intersection the accident happened on was right on top of a steep hill. When I took the turn, I felt the car sliding towards the outside and I applied the brakes to try and control the car. Unfortunately, the wheels locked up and I slid into another car which was waiting to turn left onto the street I was on. I was being followed by an off duty cop and she called an on duty. I was charged with Careless Driving. The officer told me to fight it.
My parents insist that I do not need legal representation and I should fight it on my own. However, I'm starting to think a plea for a lesser charge would be a better idea. Is there any chance I can win at all? What would be a plea that I could be offered by the prosecutor?
Re: Careless Driving - Minor Collision
One more thing, the officer himself specifically told me he would not show up, and I payed for the damages of the other car's owner so they are not going to show up either.
Re: Careless Driving - Minor Collision
Dont count on the officer and witnesses not showing up. If you request a trial, they will be summonsed to Court and are legally obliged to attend. Police especially dont have the option of simply not showing up without a legitimate reason or they would be in neglect of duty.
In terms of plea deals, turn not in safety, section 142(1) sounds like a good fit for what happened. 2 demerit points and normally a $110 fine.
- Simon Borys
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Re: Careless Driving - Minor Collision
This issue has been raised in a number of recent threads so I'll repost my article on whether police officers actually have to show up in court.
http://www.simonborys.ca/2010/08/does-a ... for-court/
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