Careless driving



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Thread: Careless driving

  1. #1
    abkdt41's Avatar
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    Careless driving

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    Ended up in the ditch while driving around a curve
    Didn't hit any other vehicles or pedestrian
    Officer shows up and hands me a careless driving ticket
    No witnesses

    Needed some help on requesting disclosure

    What specifics should I ask for?

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  2. #2

    Re: Careless driving

    What exactly did you say to the officer?
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  3. #3
    abkdt41's Avatar
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    Re: Careless driving

    Not much

    He asked what happened
    And I told him the car started drifting to the outside
    I was doing the speed limit but when I applied the brakes the car didnt stop in time
    It started raining a few minutes before the incident
    Quote Originally Posted by Evoex View Post
    What exactly did you say to the officer?
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  4. #4
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    Re: Careless driving

    that's what they throw out when nothing else fits
    almost always can be plead to a lesser charge

    I'd seriously consider getting professional representation
    in the event the Crown is unwilling to deal for whatever reason
    and you go to trial unprepared, it's a nasty charge to eat

  5. #5

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    Re: Careless driving

    What he said. This doesn't sound like a good diy project
    Quote Originally Posted by JavaFan View Post
    that's what they throw out when nothing else fits
    almost always can be plead to a lesser charge

    I'd seriously consider getting professional representation
    in the event the Crown is unwilling to deal for whatever reason
    and you go to trial unprepared, it's a nasty charge to eat
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  6. #6

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    Re: Careless driving

    Another vote for spending some money for decent representation. Although you were not speeding, with your statements you have admitted to driving too fast for the conditions (and secondarily making a mistake by hitting the brakes in a corner).

    I'm glad you are ok and this wasnt on a bike. The same scenario could have happened with much bigger consequences.

  7. #7
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    Re: Careless driving

    Get someone who's defended lots of careless cases if you can.
    Ignorance is curable, Apathy not so much, but I don't care, I'll try anyway.

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  8. #8

    Re: Careless driving

    Damn you should have said 'did you see the deer?'

  9. #9

    Re: Careless driving

    Quote Originally Posted by JavaFan View Post
    that's what they throw out when nothing else fits
    almost always can be plead to a lesser charge
    ...
    Is 'failure to negotiate a curve' a lesser charge? Sounds innocuous enough.
    Rent a cop.

  10. #10
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    Re: Careless driving

    Did the officer who charged you or anyone else actually "see" you driving...? (wink... wink)

  11. #11
    abkdt41's Avatar
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    Re: Careless driving

    Thanks everyone for the replies

    I agree that legal representation is the best route but can't afford it at the moment

    Will ask for disclosure and go from there

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  12. #12
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    Re: Careless driving

    you can ask, OP, for an early resolution hearing
    you and the Crown can discuss the charge and a plea

    it's a good way to feel out how much of a hard-on they have for the careless charge
    if that doesn't go well you still have the trial option

  13. #13
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    Re: Careless driving

    Quote Originally Posted by JavaFan View Post
    you can ask, OP, for an early resolution hearing
    you and the Crown can discuss the charge and a plea

    it's a good way to feel out how much of a hard-on they have for the careless charge
    if that doesn't go well you still have the trial option
    ^this. I don't know what would typically be a reduced charge for careless-what charge could/would be considered for a reduction? I can't think of a suitable charge reduction for not making a corner...

    If you had a blown tire on your vehicle you might be able to say you didn't make the corner because one of your tires was flat (unknown to you during the moment) and that must be why you couldn't control the car and make the corner. Did your car have a flat tire as it sat in the ditch? take pics even if its at the storage compound. A lawyer/paralegal would give you a pat on the back for such a pic...I know a cop who got off on charges this way (ironically he was chasing a motorcycle when he lost control in a corner- bike got away).
    You might come out clean.

    No one else is going to say it, so I will - change your driving habits and consider this a wake up a call...no one was hurt... consider yourself lucky for that.
    Last edited by boyoboy; 09-26-2018 at 04:10 PM.
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  14. #14

    Re: Careless driving

    My brother-in-law didn't get a ticket for sliding off the road when the cops arrived, he got lucky because when the cop arrived he slid off the road too! Is a shame your cop didn't slid off the same curve.

    Quote Originally Posted by boyoboy View Post
    ...cop who got off on charges this way (ironically he was chasing a motorcycle when he lost control in a corner- bike got away)..
    Let me guess he didn't get a clear description of the motorcycle either!
    ... pretty sure cops can break all kinds of laws and are not subject to the same rules, when they are in pursuit.

    Hypothetically had there been a Moose standing in the middle of the road and you swerved, lost control in your effort to miss it, you would have a very solid defence, because had you struck said moose you could potentially both be killed. Shame you or the cop didn't see that moose.

  15. #15

    Re: Careless driving

    How far off the road did you make it? If you made it clear onto private property maybe you could claim you were just doing a little off roading.

  16. #16
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    Re: Careless driving

    IMO assuming the original poster wasn't drunk or some such, this is a BS charge. It was a no-harm-no-foul situation and presumably the original poster would have had to pay for a tow out of the ditch, and possibly to fix any damage to the vehicle - that ought to be punishment enough, and reminder not to do it again.

    Original poster's mistake was talking to the cop about what happened. That description might have made it into the officer's notes, and whatever story you tell will have to be consistent with what's in those notes.

    The low tire pressure deal might fly, even with that. I doubt if the cop would have checked and made notes of all of the car's tire pressures.

    You need to request disclosure of the officer's notes. There is a sticky thread about this. Read it.

    The advantage you have, is that the cop never saw what happened. Maybe you swerved to avoid an animal. Can't do that now if it isn't consistent with the officer's notes.

    DO NOT attempt to blame road conditions, because it's considered your responsibility to drive according to conditions, no matter how bad those conditions are.

    DO NOT attempt to blame worn tires ... it's your responsibility to maintain your vehicle.

  17. #17
    boyoboy's Avatar
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    Re: Careless driving

    Quote Originally Posted by Trials View Post
    My brother-in-law didn't get a ticket for sliding off the road when the cops arrived, he got lucky because when the cop arrived he slid off the road too! Is a shame your cop didn't slid off the same curve.


    Let me guess he didn't get a clear description of the motorcycle either!
    ... pretty sure cops can break all kinds of laws and are not subject to the same rules, when they are in pursuit.

    Hypothetically had there been a Moose standing in the middle of the road and you swerved, lost control in your effort to miss it, you would have a very solid defence, because had you struck said moose you could potentially both be killed. Shame you or the cop didn't see that moose.
    the cop was charged, it was either dangerous or careless, but I don't remember for sure. Was considered serious by the cop. the cruiser went through a ditch half sideways and stopped on someone's front lawn. Told me the bike turned onto a suburban side road in Oakville with sparks coming off the exhaust from lean angle....... and that there was a roadblock 300m further- if he hadn't turned.
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  18. #18

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    Re: Careless driving

    Quote Originally Posted by Brian P View Post
    IMO assuming the original poster wasn't drunk or some such, this is a BS charge. It was a no-harm-no-foul situation and presumably the original poster would have had to pay for a tow out of the ditch, and possibly to fix any damage to the vehicle - that ought to be punishment enough, and reminder not to do it again.

    Original poster's mistake was talking to the cop about what happened. That description might have made it into the officer's notes, and whatever story you tell will have to be consistent with what's in those notes.

    The low tire pressure deal might fly, even with that. I doubt if the cop would have checked and made notes of all of the car's tire pressures.

    You need to request disclosure of the officer's notes. There is a sticky thread about this. Read it.

    The advantage you have, is that the cop never saw what happened. Maybe you swerved to avoid an animal. Can't do that now if it isn't consistent with the officer's notes.

    DO NOT attempt to blame road conditions, because it's considered your responsibility to drive according to conditions, no matter how bad those conditions are.

    DO NOT attempt to blame worn tires ... it's your responsibility to maintain your vehicle.
    When my brother was a traffic cop he attended such an event. The driver claimed a blow out. Somehow my brother came up with a tire pump and disproved the excuse. "Here's your ticket."

  19. #19

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    Re: Careless driving

    Well OP, you say you "can't afford" legal representation right now. But can you afford your insurance to double for the next 5 - 7 years, (depending on your insurer)??

    Your going to take an insurance hit for the at fault accident, (EVEN if you claim there was a moose/dear/old lady in the middle of the road, or that your tire pressure was low), Which you as the operator of a motor vehicle are responsible to ensure said vehicle is roadworthy, so I would HIGHLY recommend you NOT use that as an excuse with the crown, (It will give them an opportunity to amend the charge).

    Beside the insurance hit for the collision, (weather you make a claim or not), then add to that, the potential insurance hit, after a conviction for careless on top of that. When you add up the potential increase in premiums you can't afford NOT to get proper representation. Take from a former copper, you DO NOT want to leave this to chance, nor use some of the "suggested tactics" in this thread.

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