Advice for fighting Careless Driving Ticket | Page 2 | GTAMotorcycle.com

Advice for fighting Careless Driving Ticket

The offence of "careless driving" has a specific definition, and magistrates stick to that definition.
A reasonable magistrate will not find you guilty if the cop just says you were bobbing and weaving
and she thought your judgment was lousy and so on and on.

If you skid and crash, that action could support a conviction. But you didn't.

If you bash into someone, that could equally support a conviction. You didn't.

And on and on.

BUT ...

The cop has more experience at this crap than you do, so please expect:

1. If you do not hire a lawyer, you will be convicted. This is because you
do not have the presence of mind to think on your feet and question the cop
with precision and perseverance. Those are the necessary skills to get acquitted.

2. If you hire a competent lawyer who can question the cop astutely,
you are very likely to be found not guilty.

Understand, this is just guesswork by me, but I look like the guy at the left,
and I have been to court a few times, and been acquitted much more often
than I have been found guilty. So I know my way around Ontario Traffic Courts.

The thing I know best is that cops lie under oath in court.
The thing I know second best is that magistrates detect the lies,
and very often issue convictions based on cops' testimony they know to be lies.

I have even had a magistrate order a cop to shut up and sit down,
after which the magistrate explained why the cop's lying testimony
would not support a conviction. Then he acquitted me.

But they cannot convict you based on lies in the presence of a competent lawyer
who also realizes the cop is lying under oath. That is why you need representation.

Good luck.
 
2WET said:
BTW, cops remember who is easy bait vs who they should not F with, they never f with people again who go through a lawyer win a case, or people who they hussled into a ticket, only to get sued back after the civilian wins the case, they never fk with those kinds of people, because they know those kinds of people know the system and are smart, knowledgeable and have the power to use it. If everyone did this, i mean hired a good lawyer, no cop would ever intimidate anyone, cops would fear civilians not the other way around.
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1) Can't sue unless you can prove malace.
2) Cop gets paid for court time whether the charge gets dimissed or not. You don't.

Other than the percentage game and bragging rights to his buddies the cop has nothing to lose so why should he back off next time?
 
2WET said:
This is the typical response by any cop who pulls over a bike, imo if its was at night and safe you were already doing 135, should have downshifted and dissapeared, NO chick cop is going to chase a bike, trust me, thats one thing nice about female cops.

Second, she gave you a careless driving, because she KNEW she did not have a speed on you, but you admited 135, so when you go to court, since you were nice and polite, and since she knows you are not a dumbass, and they know now people fight tickets in courts, what she did was this, if she gave you a speeding charge, she automatically lost the case in court if you decide to fight it, but if you didn't, she would wins automatically, but she's not going to take a 50% chance you will just pay for a speeding ticket, so to gaurantee her conviction she gave you a BIGGER charge, a careless charge which again if you just go pay the fine, she double wins by winning a huge charge against you, but she knows your going to contest the ticket, so she gives you careless, then you go to court, and you know you can either pay a lawyer to fight the careless in which case if the officer truely has nothing on you you double win, and that cop will never mess with you again, or you plea guilty to a lesser charge either because you don't care or can't afford a lawyer, or you opened your mouth too much, and admitted you were speeding, in which case you have no option but to plead guilty to a lesser chage, and guess what that charge would be......yes you guess it speeding 135kmh in a 100kmh zone! congratulations you just waisted your time and money....should have just dipped! lol

If you decide to get pulled over, don't open your mouth or admit anything, if you can't do that you might as well run, because your going to get fuokked either way.

BTW, cops remember who is easy bait vs who they should not F with, they never f with people again who go through a lawyer win a case, or people who they hussled into a ticket, only to get sued back after the civilian wins the case, they never fk with those kinds of people, because they know those kinds of people know the system and are smart, knowledgeable and have the power to use it. If everyone did this, i mean hired a good lawyer, no cop would ever intimidate anyone, cops would fear civilians not the other way around.
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WOW.... Where does one Start? So much Fail in this post it makes my head hurt.
 
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