OHTA.ca

Hello, I was involved in a bumper incident. I reported to the 911 call center right away and was told to go to the Collision Reporting Center. I went there and reported it and the police officer took my incident number and wrote up his report. He then came back said he had to give me a ticket of some sort because it was a rear end incident. He came back and pull me to the back room and gave me a careless driving ticket and aid he need to make it a big claim and told me that I should not be charged with a careless driving in his view but he had to do it. He told me to go to court and what the procedures will be and hinted that it will be lowered for sure. He was not at the scene of the accident or there was any witness other than the other party. The other party is not complaining, they just need to replace the bumper and I already agreed that the Insurance will take care of it. I am not sure how to go about this or if anyone else has experienced this. The police basically told me that will not be the charge and it will be lowered for sure at the courts. I am not sure if I should accept what's at the court or if there is anything I can do to remove the ticket. I also noted the date on the ticket is wrong its one dated one day after the incident.

Your advice and experience please.

Thank you

This subject has been discussed here upteen times before. Suggest you read through some of the other posts as background.

I'd also suggest you read this article which gives a good overview of the whole subject of collisions and careless driving charges: http://www.guelphmercury.com/news-story ... y-to-drive

thanks. I did a search. didn't really see wrong date issue. Can someone please comment.

@voltech the date error you described wouldn't automatically invalidate the ticket, it would give the officer less time to file it with the courts http://www.ontariohighwaytrafficact.com/topic1965.html

Careless is the appropriate charge in your case, but there is a plethora of decisions/trials/case-law that suggests momentary lack of attention is acceptable. It's up to you to research or find a legal firm willing to fight the charge.

Crown may offer reduced charges at trial like:

S.141 (5) - $110 + 3 Demerit Points: Left turn ‑ fail to afford reasonable opportunity to avoid collision

S.158 (1) - $110 + 4 Demerit Points: Follow too closely

IMO it's in your best interest to file the ticket for trial, and request disclosure once you receive your 'Notice of Trial'. The other driver will also be summoned to court for your trial. They will provide evidence for the crown against you, basically they'll say something to the effect of, "you drove into their car and damaged their bumper". If the other driver fails to appear at your trial date, then the crown will most likely withdraw the charge because w/o the other driver there is no reasonable prospect to get a conviction.

iFly55 wrote:...The other driver will also be summoned to court for your trial. They will provide evidence for the crown against you, basically they'll say something to the effect of, "you drove into their car and damaged their bumper". If the other driver fails to appear at your trial date, then the crown will most likely withdraw the charge because w/o the other driver there is no reasonable prospect to get a conviction.

Is this true even if the other driver makes a written statement? MUST they appear for their statement to be considered?

The other driver's written statement holds little weight in court. He has to repeat it under oath and be unwavering in his position under cross-examination.

If his oral testimony contradicts his written statement, then he'll have to explain why or his credibility will be questioned.

In voltech's case there maybe two witnesses providing evidence for the crown, the other driver and an independent. Both face a $2000 fine and an arrest warrant (30 day incarceration) if they fail to appear at voltech's trial.