Automotive

Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.)

Deal Guru
User avatar
Jun 12, 2007
12579 posts
2205 upvotes
London
waterbottleemo wrote:
May 11th, 2018 2:18 pm
So I got into a car accident. Police arrived and gave me a careless driving ticket. Insurance still determining whose fault it is.

...
Of course the tow guy was being nice cause he’s likely going to get a nice “referral fee” from the paralegal plus his other referral fee from the body shop on top of the hefty towing fees

“Careless Driving” is a default charge the cops lay in an accident. It’s a stupid way because it has little to do with driving “carelessly”.

Its a charge that has absolutely nothing to do with the accident itself. Its all about how you were driving well before the accident. Even the fact that you had an accident can’t be used against you for a “Careless Driving” charge.

“Careless Driving” is extremely difficult to prove because the cop or any witness would need testify about how your driving behaviour was well before the accident. Chances are the cop and the witness didn’t see this and could only testify about the accident itself - which is totally irrelevant to the charge. Insurance “at fault” is also irrelevant.

“You must have been driving carelessly because you had an accident “ is irrelevant and can’t be used. The cop or witness must be able to testify that they saw you commit “Careless Driving” before the accident.

This is why it’s so easy money for a paralegal to bargain the charge down to something like “following too closely” . It’s also why he he could give you a quote and not ask you anything about the accident or pictures, etc

I would encourage you to talk to a lawyer as “Careless Driving” is a very serious charge.

A lot of people have access to 30 mins of free legal advice from a lawyer, either through work or CAA.
Deal Addict
Feb 26, 2008
1699 posts
1018 upvotes
Yes. This is why people should be extremely careful about making statements to the cops when they get in a collision. You are obliged to report the collision, but you are not obliged to provide statements that can be potentially used against you for a careless driving charge. It's enough to tell the cop that you hit the other guy from behind. You do not have to characterise your following distance or speed, or tell the cop that you were texting on your phone.

l69norm wrote:
May 12th, 2018 7:59 am
Of course the tow guy was being nice cause he’s likely going to get a nice “referral fee” from the paralegal plus his other referral fee from the body shop on top of the hefty towing fees

“Careless Driving” is a default charge the cops lay in an accident. It’s a stupid way because it has little to do with driving “carelessly”.

Its a charge that has absolutely nothing to do with the accident itself. Its all about how you were driving well before the accident. Even the fact that you had an accident can’t be used against you for a “Careless Driving” charge.

“Careless Driving” is extremely difficult to prove because the cop or any witness would need testify about how your driving behaviour was well before the accident. Chances are the cop and the witness didn’t see this and could only testify about the accident itself - which is totally irrelevant to the charge. Insurance “at fault” is also irrelevant.

“You must have been driving carelessly because you had an accident “ is irrelevant and can’t be used. The cop or witness must be able to testify that they saw you commit “Careless Driving” before the accident.

This is why it’s so easy money for a paralegal to bargain the charge down to something like “following too closely” . It’s also why he he could give you a quote and not ask you anything about the accident or pictures, etc

I would encourage you to talk to a lawyer as “Careless Driving” is a very serious charge.

A lot of people have access to 30 mins of free legal advice from a lawyer, either through work or CAA.
Sr. Member
Jun 15, 2017
681 posts
155 upvotes
Ontario, Canada
waterbottleemo wrote:
May 11th, 2018 2:18 pm
So I got into a car accident. Police arrived and gave me a careless driving ticket. Insurance still determining whose fault it is.

The towing guy (a really nice guy and helpful) gave me a paralegal.

I called the paralegal just now, he told me to send him a picture of my ticket and told me he can fight it off to no points, his fee is $700.

How is that possible? He didn't ask me for any pictures or evidences, I've never met this guy either only on the phone. Im a bit reluctant to email the money before I confirm this is legit.

I checked his phone number online it bring me to http://www.trafficticketto.com

Any advises is welcome
What province? What is the actual section number and wording of the charge? Did you get a NOTICE OF OFFENCE or a SUMMONS?

In Ontario, a Careless Drving charge is 6 demerits and it is considered a SERIOUS offence by insurance (same as DUI) so if you are convicted your insurance rates will skyrocket.

A lot of times though, police will charge a person with Careless when they do not really have enough evidence to get a conviction and therefore the prosecutors will offer a plea deal to a different charge that is not considered Serious.

Your best course of action at this stage is to NOT hire anybody yet. Plead Not Guilty and request a trial with the officer present. Once you get your notice of trial with a trial date, then you can request disclosure (copy of officers notes, copy of all reports and witness statements). You would then show up for your trial date and talk to prosecutor before trial starts. If prosecutor offers you a reduced charge to something different than careless driving you should probably take the deal and run since a Minor or Major is much much better than a Serious for insurance purposes. If prosecutor does not offer you a deal and wants to proceed with the careless charge, then you say that you want to set another trial date so you can get legal advice before you decide what to do.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Newbie
User avatar
Dec 20, 2014
50 posts
2 upvotes
Toronto, ON
Hey all, I got a ticket for making a left turn at a light which said I couldn't between certain times, but I was in a very bad position at the time and had no choice but to do so.

The disclosure says I made a right turn, which is completely legal. Can I claim a fatal error on this and have it thrown out, or even claim I had made the right turn? Cop doesn't have any video evidence. Am I good?

Also, I lost the original disclosure, can I get another one?

Thanks
Member
User avatar
Aug 11, 2011
227 posts
128 upvotes
Toronto
hey guys,

Had 1st trial date - received hand written disclosure on the day from prosecution- argued for adjournment to prepare a defense since i requested disclosure 3 times before.

Next trial date will be 1 year from infraction date.

Officer Notes read -
Make of Car
Make of phone
-illegible
-Monday 22 Celsius illegible
-s/b lane
-stopped ln1
turning left
holding a black phone in the right hand navigation
-illegible

Planning to request typed up disclosure again. If i do not receive, can this be used to stay the trial?
How about the 1 year mark right to speedy trial?
If not, what kind of defense can i use from this?
TIA
Newbie
Jan 9, 2010
57 posts
5 upvotes
Toronto
Hey guys,

I have a court date coming up for a failure to stop at a stop sign (rolling stop). I know I was guilty and won't try and explain my situation here.

I know that these tickets are almost impossible to fight, so what im asking is what is my best course of action from this point? I've never been to traffic court so im unsure of how it will go down.

Is there a way that I can just pay off the ticket before the trial so I wouldn't have to take a day off work for such a slim chance of the ticket getting thrown out?
Newbie
May 13, 2018
1 posts
Hey everyone,

I am in doubt about selecting for option 2 (meeting with prosecutor) or option 3 (trial). Last Monday I got a speeding ticket at Weston road from a cop hiding behind a post when I went to drop off some samples in a company. I was shocked since I am not familiar with that road, and I didn't realize that it was a 50 zone and the cop got me on radar doing 71 plus he wrote that I was speeding in a school zone (in fact the school zone signal was around 15 meters before I got his signaling to pull over). I talked with a friend of mine that happens to be a cop, and he said to choose option 2. But I am not sure if it will work since most of you guys are mentioning about trial...so how should I proceed?

Thanks.
Newbie
Apr 1, 2017
38 posts
3 upvotes
Thank you for so much for all the input regarding the car accident and careless driving charge (you guys are right, the police wasn't there, now I know why he gave me that ticket without looking at any evidence)

Im more clear as to what I have to do now. Thank you so much guys
Newbie
Nov 8, 2015
29 posts
London, ON
Got a trial tomorrow for a speeding ticket for my wife. The prosecution sent me a notice of motion to move the trial date because the cop is on sick leave. I am not sure if I can fight that BUT, while looking over the ticket, I noticed that the ticket is dated Dec 11, but there is a stamp on it showing it was filed Dec 21. That's 10 days later. Am I correct to assume that is a fatal flaw? If so, how do I present that in court.
Thanks
Sr. Member
Jun 15, 2017
681 posts
155 upvotes
Ontario, Canada
DefconBrown wrote:
May 16th, 2018 10:34 am
Got a trial tomorrow for a speeding ticket for my wife. The prosecution sent me a notice of motion to move the trial date because the cop is on sick leave. I am not sure if I can fight that BUT, while looking over the ticket, I noticed that the ticket is dated Dec 11, but there is a stamp on it showing it was filed Dec 21. That's 10 days later. Am I correct to assume that is a fatal flaw? If so, how do I present that in court.
Thanks
You can show up and object to the motion to move the date, but most likely the JP will agree to set new date. If you so, then make sure you say "I will accept the new date as long as the delay is counted against the prosecution as I am here and ready to proceed."

Can you scan and post both sides of ticket (black out personal info and officer info)? The filing stamp is usually on the Certificate of Offence not the Notice of Offence. Where did you get copy with date stamp?
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Newbie
Nov 8, 2015
29 posts
London, ON
Thanks. Here is the ticket. Nothing on the back to note. Just check boxes with options to pay or fight. The stamp is faint, and in red, but it says "(something blurred) filed DEC 21 2017".

Image
Member
User avatar
Aug 11, 2011
227 posts
128 upvotes
Toronto
crayzie wrote:
May 14th, 2018 1:57 pm
Hey guys,

I have a court date coming up for a failure to stop at a stop sign (rolling stop). I know I was guilty and won't try and explain my situation here.

I know that these tickets are almost impossible to fight, so what im asking is what is my best course of action from this point? I've never been to traffic court so im unsure of how it will go down.

Is there a way that I can just pay off the ticket before the trial so I wouldn't have to take a day off work for such a slim chance of the ticket getting thrown out?
https://www.toronto.ca/services-payment ... l-offence/
Member
User avatar
Aug 11, 2011
227 posts
128 upvotes
Toronto
DiegoM86961 wrote:
May 14th, 2018 3:49 pm
Hey everyone,

I am in doubt about selecting for option 2 (meeting with prosecutor) or option 3 (trial). Last Monday I got a speeding ticket at Weston road from a cop hiding behind a post when I went to drop off some samples in a company. I was shocked since I am not familiar with that road, and I didn't realize that it was a 50 zone and the cop got me on radar doing 71 plus he wrote that I was speeding in a school zone (in fact the school zone signal was around 15 meters before I got his signaling to pull over). I talked with a friend of mine that happens to be a cop, and he said to choose option 2. But I am not sure if it will work since most of you guys are mentioning about trial...so how should I proceed?

Thanks.
If you want a chance at getting the ticket thrown out - go to trial. Read 1st post of this thread for help. If you want to cut a deal, option 2.

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