Automotive

Careless Driving what to do

[OP]
Newbie
Aug 8, 2016
9 posts
1 upvote

Careless Driving what to do

i though it will never happen but it did. My first accident after 30 years of driving. 3 celsius, poor illuminated streets in Kitchener light rain/snow, wet road, mustang slipped a few meters and rear ended a van who abruptly stoped in traffic . The ladies insight appeared fine at first, laughing and making jokes but have called 911. 30 minutes laters claiming to have headache they were taken to the hospital.
Police is coming immediately telling me that i will be given a careless with fine asking me if i know what it means? No attempts made to asses the situation first despite of me showing how far away I attempted to stop the car... tire marks on the road. It also asked me to fill a report explaining what happened which i did.
I am at fault probably as this is what usually happens but i won't categorize this incident to be careless driving, i had maintained the right distance it was the weather and road like conditions at fault mainly.
Question is what can i do? Should I hire a paralegal, Early resolution by meeting with a prosecutor ? ( I am fine with a less charge) should i go to court ? What would I say in court (i cannot plead not guilty) I am guilty for having caused the accident...
Thank you
76 replies
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Mar 23, 2008
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Bogdan1976 wrote:
Dec 20th, 2018 10:15 pm
i though it will never happen but it did. My first accident after 30 years of driving. 3 celsius, poor illuminated streets in Kitchener light rain/snow, wet road, mustang slipped a few meters and rear ended a van who abruptly stoped in traffic . The ladies insight appeared fine at first, laughing and making jokes but have called 911. 30 minutes laters claiming to have headache they were taken to the hospital.
Police is coming immediately telling me that i will be given a careless with fine asking me if i know what it means? No attempts made to asses the situation first despite of me showing how far away I attempted to stop the car... tire marks on the road. It also asked me to fill a report explaining what happened which i did.
I am at fault probably as this is what usually happens but i won't categorize this incident to be careless driving, i had maintained the right distance it was the weather and road like conditions at fault mainly.
Question is what can i do? Should I hire a paralegal, Early resolution by meeting with a prosecutor ? ( I am fine with a less charge) should i go to court ? What would I say in court (i cannot plead not guilty) I am guilty for having caused the accident...
Thank you
There’s a whole thread on tickets and fighting them. I’d start there.

But register to fight it. You can try to negotiate a deal, and if that doesn’t work, you can decide if you want to hire someone to fight it for you. And you CAN plead not guilty if what you were doing doesn’t meet the standards required by the law. You might want to review the actual wording.

You should also request disclosure. They really can’t have much evidence against you, since the cop didn’t see you and you hit the other car from behind, so they wouldn’t have seen much. Hopefully you didn’t bury yourself in your statement.

You do NOT want a conviction for careless driving on your record, as it’s in the major conviction class.

C

ETA: you may be guilty of causing the accident (and your insurance company will be happy to ding you for that). But that doesn’t necessarily mean you’re guilty of the careless driving charge.
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Mar 1, 2005
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Bogdan1976 wrote:
Dec 20th, 2018 10:15 pm
i though it will never happen but it did. My first accident after 30 years of driving. 3 celsius, poor illuminated streets in Kitchener light rain/snow, wet road, mustang slipped a few meters and rear ended a van who abruptly stoped in traffic . The ladies insight appeared fine at first, laughing and making jokes but have called 911. 30 minutes laters claiming to have headache they were taken to the hospital.
Police is coming immediately telling me that i will be given a careless with fine asking me if i know what it means? No attempts made to asses the situation first despite of me showing how far away I attempted to stop the car... tire marks on the road. It also asked me to fill a report explaining what happened which i did.
I am at fault probably as this is what usually happens but i won't categorize this incident to be careless driving, i had maintained the right distance it was the weather and road like conditions at fault mainly.
Question is what can i do? Should I hire a paralegal, Early resolution by meeting with a prosecutor ? ( I am fine with a less charge) should i go to court ? What would I say in court (i cannot plead not guilty) I am guilty for having caused the accident...
Thank you
The "right distance" for good weather or the bad weather you were driving in?

Either way contact a lawyer or one of the lolyer's here.
:arrowd: B/S/T Threads :arrowd:
[FS] N/A
[WTB] N/A
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Sep 8, 2017
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Get a lawyer. Careless driving is in the highest tier of HTA offences (serious>major>minor). It will seriously **** your driving record and insurance premiums.
Last edited by derass on Dec 20th, 2018 11:00 pm, edited 1 time in total.
Deal Addict
Aug 10, 2013
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Paralegal without a doubt. A careless/reckless charge is very serious.
Smash that like button!
[OP]
Newbie
Aug 8, 2016
9 posts
1 upvote
BeaverLiquor wrote:
Dec 20th, 2018 10:41 pm
The "right distance" for good weather or the bad weather you were driving in?

Either way contact a lawyer or one of the lolyer's here.
I hit the breaks about 15 to 20 meters from the car ahead. All I could witness together with my 10 years old daughter in the car with me was seeing the front vehicle coming closer and closer . I was far enough to afford releasing the break and hit again hoping to eliminate the slippage. I was rational all the time. My car is a 2005 I dont think it had abs unfortunatedly :(
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Aug 10, 2013
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if you hitthe brakes that far and still didnt stop you were going way, way too fast.
Smash that like button!
Jr. Member
Jan 29, 2007
185 posts
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Markham
Man I had much worse at faults and didn't get charged careless driving. You got it real bad. Fight it for sure, and yes don't just admit to it without making an effort because there must be some sort of weather factor. My worst accident was also in a wintery weather in Waterloo.
Deal Fanatic
Jun 11, 2005
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Bogdan1976 wrote:
Dec 20th, 2018 10:53 pm
I hit the breaks about 15 to 20 meters from the car ahead. All I could witness together with my 10 years old daughter in the car with me was seeing the front vehicle coming closer and closer . I was far enough to afford releasing the break and hit again hoping to eliminate the slippage. I was rational all the time. My car is a 2005 I dont think it had abs unfortunatedly :(
If you hit the car in front you were driving too fast for the weather conditions. Put on winter tires and drive slower.
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Oct 13, 2009
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You’ve been driving since you were 12?
Re: Procurement, Life & RFD
nasa25: say you won it in a raffle. That's what I do with like 86% of my purchases
infinityloop: Lying to your SO seems like an unhealthy long term strategy
nasa25: lmao
Deal Expert
User avatar
Oct 13, 2009
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BeaverLiquor wrote:
Dec 20th, 2018 10:41 pm
The "right distance" for good weather or the bad weather you were driving in?

Either way contact a lawyer or one of the lolyer's here.
Any good lolyers still around these days?
Re: Procurement, Life & RFD
nasa25: say you won it in a raffle. That's what I do with like 86% of my purchases
infinityloop: Lying to your SO seems like an unhealthy long term strategy
nasa25: lmao
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Mar 23, 2008
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Bogdan1976 wrote:
Dec 20th, 2018 10:15 pm
i though it will never happen but it did. My first accident after 30 years of driving. 3 celsius, poor illuminated streets in Kitchener light rain/snow, wet road, mustang slipped a few meters and rear ended a van who abruptly stoped in traffic . The ladies insight appeared fine at first, laughing and making jokes but have called 911. 30 minutes laters claiming to have headache they were taken to the hospital.
Police is coming immediately telling me that i will be given a careless with fine asking me if i know what it means? No attempts made to asses the situation first despite of me showing how far away I attempted to stop the car... tire marks on the road. It also asked me to fill a report explaining what happened which i did.
I am at fault probably as this is what usually happens but i won't categorize this incident to be careless driving, i had maintained the right distance it was the weather and road like conditions at fault mainly.
Question is what can i do? Should I hire a paralegal, Early resolution by meeting with a prosecutor ? ( I am fine with a less charge) should i go to court ? What would I say in court (i cannot plead not guilty) I am guilty for having caused the accident...
Thank you
https://www.google.ca/amp/s/www.wheels. ... -road/amp/

Might help you feel better...

C
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Feb 11, 2007
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Bogdan1976 wrote:
Dec 20th, 2018 10:53 pm
I hit the breaks about 15 to 20 meters from the car ahead. All I could witness together with my 10 years old daughter in the car with me was seeing the front vehicle coming closer and closer . I was far enough to afford releasing the break and hit again hoping to eliminate the slippage. I was rational all the time. My car is a 2005 I dont think it had abs unfortunatedly :(
No winter tires? That's pretty crazy to be driving without them in a Mustang. Otherwise I don't see how you could have slipped that far unless they were bald (which is even worse).

BTW, ABS wouldn't help you stop any quicker. It only helps you steer while braking.

Glad you and your daughter were OK. How bad was the damage to the vehicles? Any pics of the accident?
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Jun 12, 2007
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Bogdan1976 wrote:
Dec 20th, 2018 10:15 pm
....
Question is what can i do? Should I hire a paralegal, Early resolution by meeting with a prosecutor ? ( I am fine with a less charge) should i go to court ? What would I say in court (i cannot plead not guilty) I am guilty for having caused the accident...
Thank you
See a Paralegal

The HTA offence of “Careless driving” has a specific legal meaning and it’s not the same thing as “driving carelessly “

It seems to be a default ticket the cops hand out in an accident

1) plead “not guilty”

2) An accident is not relevant to the charge. It’s about your driving behaviour prior to the accident

3) It’s extremely difficult for the crown to prove you were guilty.

The crown must prove your driving behaviour was outside that of a reasonable driver. The standard is not one of perfection. You are allowed to make mistakes. If a reasonable driver could have also made the same mistake = not guilty.

The crown basically needs a witness that can testify about your continued bad driving behaviour for a period from well before the accident. Like “I watched you for 10 blocks prior to the accident, You were weaving in and out of traffic, speeding and tailgating other drivers”

It’s very unlikely anyone can testify as a witness to bad driving behaviour prior to the accident . The cop wasn’t there and the other driver probably never took any notice of you prior to the accident .

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