Careless driving ticket for overreving!??

[AGAVE]

I went down on Southwood last week. Tucked the front wheel on a big patch of sand and gravel. Plenty of witnesses. The attending cop gave me a ticket for careless driving while I was lay in Bracebridge ER being treated for a broken shoulder. He didn't even arrive on the scene until 20 minutes after the accident.

We've hit a new low.

[eastcoast_gsx]

The original poster was banned.

Just out of curiosity... anybody mind telling me why?

I don't see any reason. Unless they determined it was a troll (which is quite possible... lol)

[unL33T]

Does it really matter? You were revving your moto and you could have been charged with excessive noise or disrupting the peace. You were going to get a ticket either way. Maybe they forgot the code for the other 2 types of tickets.

Be lucky you were not charged with stunting

Even if he did deserve a ticket a careless driving charge on your record is a lot more serious than excessive noise as far as I know.

[DucDic]

what an absolute waste of time...go to the court house, get disclosure, get your court date, ask for that first attendance thing...i would be furious if some cop gave me this...my bike has a tall first gear, i have to rev it up using the rear brake to move slowly in traffic...you may have been a little exuberant in your revving, but the popo is just looking to make your life difficult, that is such an anal charge...if i were you, take it to your garage and have a mechanic look at it too, say you were having trouble with the engine cutting out, just gives you something to show in court...if the cop was that diligent with motorbikes, can you imagine the number of cars he would be yanking off the road...hahaha...

[Griffin]

I have heard of a gent in a car getting a stunting charge for the same thing. Not sure how true it is, however. With the broad definitions of racing and stunting, it wouldn't surprise me.

Careless driving is the charge for all reasons. They count on you pleading to a lessor charge. They should ALL be fought. Law suits should be strongly considered.

[ddusseld]

Your crash is by it's very definition driving without due care and attention. This is a charge that can be laid at pretty much any crash. It is very poor timing to ticket you while in the hospital regardless if the ticket is valid or not.

I went down on Southwood last week. Tucked the front wheel on a big patch of sand and gravel. Plenty of witnesses. The attending cop gave me a ticket for careless driving while I was lay in Bracebridge ER being treated for a broken shoulder. He didn't even arrive on the scene until 20 minutes after the accident.

[eastcoast_gsx]

http://www.criminal-lawyer.on.ca/careless-driving.html

Breach of duty to the public
To qualify as careless, the Ontario Court of Appeal held in a 1953 case, the driving must be considered a breach of duty to the public and deserving of punishment.

"This principle may be somewhat difficult to apply," the court said, "but I think it might be illustrated by the common example of a motorist attempting to park at the curb in a space between two other parked vehicles. Frequently one or other of the parked vehicles is bumped in the process. Damage seldom arises, because cars are equipped with bumpers, but if damage were caused it might well give rise to a civil action for damages, but it could hardly be said to be such a lack of care or attention as would be considered to be deserving of punishment as a crime or quasi-crime."

[lucky2]

The original poster was banned.

Just out of curiosity... anybody mind telling me why?

why did he get banned?

[Red_Liner740]

how are you "Careless" if you are purposely revving your bike, which indicates fully in control and aware of your surroundings and your controls...

what BS

excessive noise...sure, slap that one if you're a prick, but careless?!?!

[Rob MacLennan]

why did he get banned?

Trust me when I say that it's a non issue. Feel free to comment on the thread, or not, as you will.

[Rob MacLennan]

We've hit a new low.

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.

[eastcoast_gsx]

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.

Doesn't make it right...

They are easy to defend, but why someone should have to go through all the BS is beyond me...

[MR-Kyo]

sounds BS to me. It might be reasonable if he gave you something like excessive noise or whatever, go to court and fight this.

[Fiery254]

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.

I accept that. But not every accident is a 'careless' screw up.

But I now have to find a way to Bracebridge from Newmarket so I can begin to fight this, with a broken shoulder and two cracked ribs. Or hire a representative, or get my wife to take time off work. Straight away i'm out of pocket and at a great inconvenience.

They deliberately do this without any consideration for the facts of the case. And when it gets dismissed because it's an unfounded charge they suffer no retribution of any sort.

It's all in the game I suppose. S'all in the game.

[nfq]

I accept that. But not every accident is a 'careless' screw up.

But I now have to find a way to Bracebridge from Newmarket so I can begin to fight this, with a broken shoulder and two cracked ribs. Or hire a representative, or get my wife to take time off work. Straight away i'm out of pocket and at a great inconvenience.

They deliberately do this without any consideration for the facts of the case. And when it gets dismissed because it's an unfounded charge they suffer no retribution of any sort.

It's all in the game I suppose. S'all in the game.

Imagine if there was retribution as great as the inconvenience some of us go through when found not guilty and charges dropped?

How would THAT affect ticket writing?.....I wonder.

[Rob MacLennan]

I accept that. But not every accident is a 'careless' screw up.

But I now have to find a way to Bracebridge from Newmarket so I can begin to fight this, with a broken shoulder and two cracked ribs. Or hire a representative, or get my wife to take time off work. Straight away i'm out of pocket and at a great inconvenience.

They deliberately do this without any consideration for the facts of the case. And when it gets dismissed because it's an unfounded charge they suffer no retribution of any sort.

It's all in the game I suppose. S'all in the game.

No, not every single vehicle crash is careless and not to put too fine a point on it or comment on your own situation, but most are. Can it be proved? Not likely, when there were no witnesses. I tend to feel that it's heaping salt on an open wound though.

Couldn't say how many times I heard someone say, "A raccoon ran out in front of me."

[FiReSTaRT]

I went down on Southwood last week. Tucked the front wheel on a big patch of sand and gravel. Plenty of witnesses. The attending cop gave me a ticket for careless driving while I was lay in Bracebridge ER being treated for a broken shoulder. He didn't even arrive on the scene until 20 minutes after the accident.

ER tickets from constables who don't even know what happened are becoming more and more common these days. It can be argued that the vehicle damage and personal injuries are already bad enough, so legal punishment does nothing to motivate you to correct your errors (if any). In that case, what would be the reason for those tickets? Certainly not tax collection

[KRFDPSSTI]

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?

[Fiery254]

No, not every single vehicle crash is careless and not to put too fine a point on it or comment on your own situation, but most are. Can it be proved? Not likely, when there were no witnesses. I tend to feel that it's heaping salt on an open wound though.

Couldn't say how many times I heard someone say, "A raccoon ran out in front of me."

And that's the nub of it. How many can be proved? When there is zero, or very little circumstantial evidence at best then they're wasting the courts time. I know what can happen to Joe Public when they waste the courts time.

But it's not just the BS charge. It's the way this particular OPP officer talked to and treated my fellow riders left at the scene. It amounted to 'profiling'. Not racial or ethinical, but profiling all the same. But that's a different debate alltogether.

[FiReSTaRT]

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.