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Careless driving charge questions

OP Also another reason I highly recommend seeking a legal opinion on this is... Even if your sucessful in having the statement quashed the crown will, (presumably), have other evidence, gathered during the course of the officer's investigation to support the charge. Therefore, having the statement tossed may not be enough to prevent a conviction on the charge as laid. I assume you have sought disclosure and have the officers notes and investigation/accident report.

The conviction by itself, won't make much of a difference in terms of insurance premiums as they will be increasing as a result of the at fault collision, (a conviction will not change the status, from an insurance perspective), of the collision. Single vehicle collisions are automatically assesed at 100% at fault.
 
ajaxguy said:
the ticket was issued that same night
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Ok see my advice above. Just a heads up in a Voir Dire, to get the statement tossed you would need to have the officer admit that he had determined that an offence had been committed prior to obtaining the statement, (not as easy as it sounds). In the 25 or so Voir Dire I have personally been involved in, I can only recall one statement being excluded, I wasn't the officer that took the statement, or laid the charge I was merely, a witness officer, in the interview room with another officer as the suspect was a female.

It was a criminal case with one of the best defence lawyers in the province, who got the statement excluded. A MUCH harder task for a layman, IMHO.

Just trying to give you perspective, and assist ypu in making an informed decision, (again free legal advice)...lol
 
such a garbage post I can't even spend the time to read it. Clicked forum history, they are all like that... wow.


Dreamy Boom Boom said:
what hedo2002 saiying to yo sownds rite.

regardules of wweather police requird to advice of ur rights, u hab uphill batle trying to exclude ur statemente under sanktion 24(2) of Chatter. u may be wachin too many US tv where statement excluded b/c no miranda right given. this is not USA. this is kanaada.

in kannada, ebidence only excluded if bringing administratian of justice in disrepute, which very high standard, and most wil fail.

guud luck! talk to lawyer! :thumbup:



Oh, and.... forgoat to say: if u have no monee, both UobT and Yoke (Osguud) hab free comunitee legal clinik. guud luck!
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SweetOnion said:
such a garbage post I can't even spend the time to read it. Clicked forum history, they are all like that... wow.
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i didnt even understand it.. lol
 
hedo2002 said:
OP Also another reason I highly recommend seeking a legal opinion on this is... Even if your sucessful in having the statement quashed the crown will, (presumably), have other evidence, gathered during the course of the officer's investigation to support the charge. Therefore, having the statement tossed may not be enough to prevent a conviction on the charge as laid. I assume you have sought disclosure and have the officers notes and investigation/accident report.


The conviction by itself, won't make much of a difference in terms of insurance premiums as they will be increasing as a result of the at fault collision, (a conviction will not change the status, from an insurance perspective), of the collision. Single vehicle collisions are automatically assesed at 100% at fault.
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Ya I am going to talk to OTT , see what they say. As for insurance, I only have one ticket now and as for the at fault, I get one free at fault with my premium anyways, but ya I hear ya.
 
SweetOnion said:
such a garbage post I can't even spend the time to read it. Clicked forum history, they are all like that... wow.
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if u no like, then dont read! simple! i hab dissabality of mind. not evereone is purfact as you.

in my untire life, i hav nevr seen such closet-minded ppl as gtam.



(Edit out not nice commant here)
 
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They charged you with careless as they do with most at fault collisions knowing that it will be plead down to a lesser charge to avoid a trial. Care to divulge what they offered you at your early resolution meeting?
 
defeater905 said:
This is why you don't talk to the cops. You think it'd be a good idea to explain things to them, but they aren't going to help you...only use that info to prosecute you.
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You have to provide a collision statement if you are the driver of a motor vehicle involved in an accident i'm pretty sure there is a charge for not doing so. Its not like a criminal case were if arrested the only thing you are required to give is your name, address and DOB and yea then I agree lawyer up don't say anything to the cops with legal rep.
 
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ve3nsv said:
They charged you with careless as they do with most at fault collisions knowing that it will be plead down to a lesser charge to avoid a trial. Care to divulge what they offered you at your early resolution meeting?
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To be honest, I do not even remember.. I know sounds bad. I would assume before the trial the crown would offer something similar if I decided to avoid trial.
 
didnt read the rest of everyone's reply but i would fight, plead for a lesser charge. If you are hit with a careless driving, there goes your insurance and POP goes the weasel.
 
Akad3m1kz said:
didnt read the rest of everyone's reply but i would fight, plead for a lesser charge. If you are hit with a careless driving, there goes your insurance and POP goes the weasel.
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+1

Avoid careless at all cost, and from what it seems, you may need a lawyer/paralegal for that. Get one.
 
ajaxguy said:
To be honest, I do not even remember.. I know sounds bad. I would assume before the trial the crown would offer something similar if I decided to avoid trial.
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If it's Toronto, you have to request it yourself. Either call in, or go in and you can book an early resolution meeting with the prosecutor.
 
Ugur Dinch said:
If it's Toronto, you have to request it yourself. Either call in, or go in and you can book an early resolution meeting with the prosecutor.
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I had that already , and i did not accept it and like I said I do not even remember what they offered me. If I choose to not hire a lawyer I am thinking they might offer me whatever they offered me in the early resolution.
 
Hire a lawyer and stop posting here. This is a serious business, not like fighting a silly speeding ticket ....
 
Firs thing I thought
DownUnder said:
You dont remember giving a statement to a cop or even seeing one, but you remember he didnt read you your rights?
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Police officer should not have questioned him on his state, the charge is based on his statement, this will not hold in court. A ticket is a ticket for the insurance company. Fight it
Bradsma said:
ask for a failure to share the lane ticket with the JP. It'll be like 100 bucks and 2 points. Might be your best bet, a careless is tragic to your record and your insurance.
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ZX600 said:
Police officer should not have questioned him on his state, the charge is based on his statement, this will not hold in court. A ticket is a ticket for the insurance company. Fight it
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I concur with the questioning portion. But unless the OP tells us what disclosure shows the charge may not even be based upon the statement. It could be substantiated by the on scene investigation, as well as witness statements, (he had passengers, as he said he was the DD). Sometimes people think they are being "helpful" when they say something, but it digs a hole for their friend. I have told my close friends if they are in the car with me when a collision occurs they say nothing other than they were bent over tying their shoelace and as such did not see anything..lol.

They could also have statements from other witnesses. This is why it is important for OP to get disclosure and follow his plan of action and speak to OTT.

Now IF they have nothing more than the statement a good lawyer should be able to get it excluded. But I suspect if that were the case the crown would withdraw the charge, once they discovered that was the defence course of action.
 
SweetOnion said:
such a garbage post I can't even spend the time to read it. Clicked forum history, they are all like that... wow.
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this guy likes to troll. I've seen his other posts. Typical keyboard "gansta' type
 
kiwi said:
this guy likes to troll. I've seen his other posts. Typical keyboard "gansta' type
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Thought it may have been english wasn't his first language then he posted that he has a "disability with his brain" So I guess it is possible he has had a catasptrohic brain injury.
 
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