OHTA.ca

Hello,

Just looking for some advice. I have my First Attendance today at 11 AM. I plan to hear what the Prosecutor is willing to give me but basically counter offer with "Drop the careless driving charge for a charitable donation of the same $ I would pay for professional representation". And offer to make a donation to a local food bank, etc. I know people that have been charged with misdemeanor's that have gotten off with stayed charges for charitable donations.

Anyone think this will work for careless driving?

My ticket was during rush hour commute, travelling about 115 on the 401, person in front of me slammed on their breaks, I slammed on mine, enterred into a skid I couldn't recover from, hit a transport truck and then stopped on the shoulder. Roads were slightly wet (I believe it rained the night before).

No injuries, no damage to anyone else's vehicle. My car was a write-off, truck didn't have a scratch. Transport truck was empty, no liability claim or damages to goods. I admitted insurance fault in the accident, but was also given a Careless Driving ticket.

I can get my full disclosure prior to the meeting today, so I will look it over. I don't believe the prosecution has the evidence or case for a careless driving case, and won't be able to prove I was driving without due care or caution or reasonable consideration for others on the road because I was driving the flow of traffic, in one lane, and was just unfortunate and caught a wet spot or something that made me skid out. I likely won't take a plea bargain to following too closely or similar.

Andyd513 wrote:I know people that have been charged with misdemeanor's that have gotten off with stayed charges for charitable donations.

Anyone think this will work for careless driving?

I've never heard of a charge being stayed in exchange for a charitable donation. I've heard of community service with charitable organizations being imposed as part of a sentence, but that's upon a finding of guilt.

Andyd513 wrote:I don't believe the prosecution has the evidence or case for a careless driving case, and won't be able to prove I was driving without due care or caution or reasonable consideration for others on the road because I was driving the flow of traffic, in one lane, and was just unfortunate and caught a wet spot or something that made me skid out. I likely won't take a plea bargain to following too closely or similar.

I'd certainly try and research some case law before you go to trial. There's a lot surrounding careless driving, and you'll want to find some cases to cite to support your claim of driving with due care.