OHTA.ca

Hi folks,

Need a bit of advice on this one. Or more like what I should perhaps prepare for.

Was involved in a serious collision yesterday (no serious injuries - all walked away) as I was travelling down a country road at night and failed to make the stop at it crossed an intersection. Tried at last minute, but was far too late and slid on wet road. Ended up t-boning a smaller vehicle, which (thank God) both occupants seemed okay beyond the bumps etc. The other vehicle had right of way as the stop was only for me.

So, not much doubt about who between parties is at fault.

Police officer (OPP) took my info, also a brief statement (basically I reiterated road conditions - foggy, wet, etc). Charged me with 'Careless Driving' with a summons (so a Part III).

Obviously I'm seeking representation to try to get this down to failure to stop, or a lessor offence than Careless Driving. But my main concerns are:

1. States possible jail time for the offense. Is this something realistic that I could face??? No prior accidents, 20+ year driver, two minor offences (a 15 km over, & a cell usage) in past 3 years. No drinking etc.

2. States possible suspension of up to 2 years. How often does something like this happen? At least for someone without prior history. It's not like I was driving like a maniac here, I got caught not paying enough attention while driving down a dark country road and failed to make a stop where I should have. Owning a small business, the thought of a suspension is quite distressing.

The summons is set for 3 weeks, and I'm not sure what to expect.

Thanks

giant wrote:

1. States possible jail time for the offense. Is this something realistic that I could face??? No prior accidents, 20+ year driver, two minor offences (a 15 km over, & a cell usage) in past 3 years. No drinking etc.

2. States possible suspension of up to 2 years. How often does something like this happen? At least for someone without prior history. It's not like I was driving like a maniac here, I got caught not paying enough attention while driving down a dark country road and failed to make a stop where I should have. Owning a small business, the thought of a suspension is quite distressing.

Neither of these are very likely. These are reserved really for special circumstances. Your accident and previous record isn't all that special, but pretty common. If you were a Novice Driver, you'd be looking at 30 day suspension under the Novice Driver Escalating Sanctions. Realistically, you're looking at a fine, demerit points, and an insurance hike.

Thanks Bend!

Few more questions. Although Im a '9 star driver' with my insurance company, my broker advised me that if the conviction sticks with the at fault claim/loss that i would be ineligible and need to go to the 'sub' market and advised that I try to get thia reduced.

From the looks of things, the only realistic charge after the careless in y case is failure to obey a stop sign. Which I wonder will be too low for them to accept a plea to. In which case I suppose it'd go to trial.

So my next question is, should i attend the summons with my representative there. Is there merot to personally appearing? Does it keep my para in check? Does it help with good will from the crown? Or do you just go with blind faith that your rep is going to bat for me versus just a grab and dash.