Careless driving charge BS | GTAMotorcycle.com

Careless driving charge BS

R

reese

Member
Hello
2 months ago I was involved in a minor collision accident.
totally my fault, dont deny it at all. but what I dont get is that
I get charged a $400 ticket for careless driving. Question is
How the hell did the officer know how I was driving when he wasnt
even at the scene when the collision happened. He was called there
for file a police report nothing else. Is this even right? how do I
proceed with this?
 
Document every detail of the accident and fight the ticket in court. (especially if u weren't driving carelessly)

The careless driving charge can pretty much be stuck on anyone in any situation, its just that the cop either: does not know what to charge you with, lazy to look it up, or just FEELS that you were driving carelessly based on the details provided.
 
It's a blanket charge given in collision scenarios. Since it's considered a major offense by the insurance industry, I'd suck it up and shell out $800 for a reputable paralegal like Redline.
 
You were the trailing car i presume. It can be plead down to following too close. Or dumped.

PLau said:
Document every detail of the accident and fight the ticket in court. (especially if u weren't driving carelessly)

The careless driving charge can pretty much be stuck on anyone in any situation, its just that the cop either: does not know what to charge you with, lazy to look it up, or just FEELS that you were driving carelessly based on the details provided.
Click to expand...
 
just curious.........were you searched, or your car searched by this officer? Did he arrest you, or threaten to arrest you?? There is a reason I ask this.
 
yamahar1 said:
just curious.........were you searched, or your car searched by this officer? Did he arrest you, or threaten to arrest you?? There is a reason I ask this.
Click to expand...

all he did was ask for both sides of the story and at the end I get a ticket...
 
yamahar1 said:
just curious.........were you searched, or your car searched by this officer? Did he arrest you, or threaten to arrest you?? There is a reason I ask this.
Click to expand...

reese said:
all he did was ask for both sides of the story and at the end I get a ticket...
Click to expand...

Interesting, eh yamahar1. (I know why you asked :) )
 
reese said:
Hello
2 months ago I was involved in a minor collision accident.
totally my fault, dont deny it at all. but what I dont get is that
I get charged a $400 ticket for careless driving. Question is
How the hell did the officer know how I was driving when he wasnt
even at the scene when the collision happened. He was called there
for file a police report nothing else. Is this even right? how do I
proceed with this?
Click to expand...

I asked the same question once after I'd been charged at the scene of an accident. Since the officer who charged me wasn't sure what I'd done wrong, he charged me with careless - his rational was that I must have done something wrong because an accident occurred......and that the careless driving charge was the "blanket charge". He also told me he'd agree in court to a lesser charge.

Anyway, the court must prove that you took less care in driving than the reasonable person, which is very difficult in a provincial court, but easy in circus court before a JP. Anyway, you should be able to plea it down of have it thrown out completely - it depends on the circumstances.
 
Get a para legal and go to court, charge will probably dropped to "following to close" from careless. Still on your record but 2 less points.
 
reese said:
Hello
2 months ago I was involved in a minor collision accident.
totally my fault, dont deny it at all. but what I dont get is that
I get charged a $400 ticket for careless driving. Question is
How the hell did the officer know how I was driving when he wasnt
even at the scene when the collision happened. He was called there
for file a police report nothing else. Is this even right? how do I
proceed with this?
Click to expand...

The first thing you should of done was to write a "letter of statement" outlining every detail that had happened including the conversation you had with the officer who cited you the careless driving ticket. I say this because, 8 months down the road when it gets presented in court, most officers won't remember the exact detail of what had happened at the scene therefore you'll have a greater chance of proving your claim as to what actually occurred. Hiring a lawyer is also worth your time and money.
 
I was listening to the radio once, and they were talking with a traffic cop or an ex traffic cop and he said that cops will usually charge you with careless driving when you get into an accident. Then its up to you to prove that you are not guilty of it.
 
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