OHTA.ca

Hi there, looking for advice. My husband was involved in a collision a couple days ago and we're wondering which option would be best for us.

He was at fault: it was a construction zone, so it was stop-and-go. He looked down at his cell phone (I know, I know), didn't stop in time and crunched into the vehicle in front. He was going maybe 15 km/hr, but according to the looks of our CRV it looks like he was going 70! Their SUV was affected, but not all that much. He got slapped with a careless driving charge. The officer was very helpful, and was speaking to my husband about his options but he was so shaken up he couldn't really retain a lot of info. He says the officer was explaining the "crown" a lot, and that he specifically pointed out his (the officer's) name on the ticket.

Do we go with Option 1, 2 or 3? From the research I've done so far we do want to fight it, just not sure if it should be 2 or 3. But then again maybe 1 because we're wondering if he'll get penalized further for distracted driving? Thoughts?

Personally I would advise that you always file for a trial and request disclosure and review the case against you. Even if he feels responsible for the accident if it goes to trial the prosecutor might not be able to prove the case against him for careless if the other driver doesn't show up. If you go this route it is advisable that he hire representation. If you want to plead guilty to a lesser charge after reviewing disclosure, it is almost always an option given to you by the prosecutor for unrepresented defendants before trial.

I recommend you always choose the NOT GUILTY option and request a trial with the Officer present.

Once you get your notice of trial, then you request disclosure which should include the officers notes, and all witness statements and their will-say statements.

Remember if you go to trial that an actual witness must be there to testify against you. The police officer is not a witness (unless he actually saw it happen). So you have a very good chance of beating it because a lot of times the other person can't be bothered showing up.