Careless driving ticket for overreving!??

[LMF]

Traffic's going 5km/hr bumper to bumper. People celebrating and making noise on the street. Some people honking etc., I am also going 0 to 5km/hr and I overrev the engine a couple of times (clutch in), no burnouts or anything. And the cop ask for my license and later gives me the careless driving charge? I did not put anyone else or myself in danger.. and at 5km/hr??? Is this a joke? I asked the officer like four times why he thought I was careless driving and then he finally said you overreved the engine and that's not the proper way to drive and told me to save the arguments for the court? Excessive noise would have been more valid?

I tried using the argument that when you are going really really slow on the bike, you step on the rear brake to keep the bike upright, and bring revs up & "feather the clutch" to keep it from stalling but he wouldn't listen.

Maybe the cop just wanted to make an example out of me infront of a huge crowd?

Any advice or comments?

Its b.s. Show up early for trial and speak to the prosecutor. They will drop the charge.

[Lfsabch]

fight, a 5 year old could win this

[Rob MacLennan]

They don't have to be proven. Chances are the courts will take the constable's word at face. Too many JP's operate with the assumption that accused = guilty. Sometimes even obvious innocence or procedural errors will slip through the cracks until you appeal the conviction.

In this case they can't. eastcoast_gsxr posted a link that you should read.

[BusaBob]

That's been fairly standard for as long as I've been riding. You crash. You're the only thing on the road at the time. They assume that you screwed up and lay a careless charge.

but you'd figure that poor road conditions (not weather conditions) should be a contributing factor against laying a charge of careless. Like coming around a bend and seeing gravel all over the road, etc.

[eastcoast_gsx]

From my previous line.

Several principles have emerged over the years from court rulings on careless driving:

The standard against which the defendant's driving must be measured is not one of perfection. The driving of the defendant must be measured against a reasonable standard or skill, what an ordinary person would do.

A momentary lapse or a simple error in judgment is insufficient to justify a conviction for careless driving.

Where an accident has occurred, the fact that serious injury or death has resulted is not, except in unusual cases, relevant to an assessment of whether there has been a departure from the standard of care which would justify a finding of careless driving.

Mere inadvertent negligence will not necessarily support a conviction for careless driving. More than a bare act of negligence must be proven.

"Your honor, I was caught up in the moment of the celebration, I made an error in judgement by revving my motor to add to the excitement, but my actions hardly constitute careless operation of a motor vehicle." - That would be my approach if they insisted on pursuing it... which I seriously doubt they will.

[Rob MacLennan]

but you'd figure that poor road conditions (not weather conditions) should be a contributing factor against laying a charge of careless. Like coming around a bend and seeing gravel all over the road, etc.

Road conditions should be an easy win in the case of a road that is littered with gravel, in a single location, and has blind corners. Just don't ever say that you've been on Southwood 13 before or anyone who knows the road will say that you should be expecting it, and travelling at a low enough speed to avoid it.

[DucDic]

From my previous line.



"Your honor, I was caught up in the moment of the celebration, I made an error in judgement by revving my motor to add to the excitement, but my actions hardly constitute careless operation of a motor vehicle." - That would be my approach if they insisted on pursuing it... which I seriously doubt they will.

that would be an admission of guilt, never admit guilt, they only look for a way to stick it to you...i would argue that the officer was assuming that you were joining in the celebration, but instead were trying to safely navigate traffic...just my 2 cents...

[eastcoast_gsx]

that would be an admission of guilt

No, IMO it is an honest description of the event...

There is nothing wrong with doing something that clearly does not fall within the definition of the charge.