Careless driving charge is very serious and will cause your insurance to skyrocket the same as a DUI charge, so you want to do everything you can to try and avoid this charge.OntarioThrowaway wrote: ↑Jul 12th, 2017 6:36 pmHi, I was wondering if anyone could give me some advice.
I was involved in an accident and rear ended someone. Their car was slightly damaged but my car was a total write off. There was traffic and weather conditions were not good, in panic I pressed on the gas instead of the breaks and rear ended them.
I was given a pink ticket that says "Summons/Assignation" for Careless Driving which gives me the options of pleading guilty, setting a date for trial, or the trial may proceed written on the back. There were no witnesses besides the other party involved in the accident; the police came after.
Should I take this to trial or just try and get a plea deal from the prosecutor? I have looked up previous cases that are similar to mine, and the judge convicted them of careless driving when they tried to fight it.
The only reason I would take it to trial is if it can get thrown out/I could win, but I'm not sure if the risk reward is worth it. The possibility of being convicted of careless driving (instead of taking a plea) vs the small chance it will get thrown out/I can win.
The summons date is NOT your trial date. You will have a chance to meet with prosecutor, and if they offer you a plea deal you most likely should take it as anything is pretty much better than a careless charge. If they do not offer you a plea deal (or you do not like the plea deal they offer) then you can tell them you would llike to set a trial date and get disclosure (officers notes, witness statements, accident reports). If you decide to go all the way to trial, you should then probably consider hiring a lawyer, but you do not need to hire anybody for the summons date.
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.