Automotive

Careless Driving what to do

Deal Fanatic
May 1, 2012
8373 posts
5742 upvotes
Markham
I’d love to get on the hate train here but that doesn’t actually help OP.

What you (OP) need to do is file for disclosure. The police officer really doesnt have much on you. His/her entire disclosure will be explaining what the other party told him/her.

If you go to court, the only real way to uphold the ticket is if the other party shows up to court. Or at the very least, they have a sworn statement given to the cop. If you’re not a native English speaker, do also ask for a translator... so if the translator doesn’t show up, you would also have a good chance of these proceedings getting stayed.
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Jul 5, 2011
1299 posts
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Been there a long time ago for a similar avoidable but arguable non-careless accident.

Go to your first attendance meeting, they will bring it down to something like following too closely which is less points (if any) and less money.

EDIT: Maybe take different advice - this is not my area of expertise despite personal experience. If you end up in court, you are likely to get it reduced either way.
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Deal Addict
Dec 20, 2015
2050 posts
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Toronto, ON
Anikiri wrote:
Dec 21st, 2018 12:56 am
I’d love to get on the hate train here but that doesn’t actually help OP.

What you (OP) need to do is file for disclosure. The police officer really doesnt have much on you. His/her entire disclosure will be explaining what the other party told him/her.

If you go to court, the only real way to uphold the ticket is if the other party shows up to court. Or at the very least, they have a sworn statement given to the cop. If you’re not a native English speaker, do also ask for a translator... so if the translator doesn’t show up, you would also have a good chance of these proceedings getting stayed.
^This. I've been in a similar accident to yours in the year of 2008, when I was 20yrs old with my then riced up 1995 Honda Civic Si (ahhh the good old days'). Anyways, so it was raining real bad and roads were slippery, and it was in fall season. I rear ended a car which was stopped at a red light. My front bumper was fully damaged, and their car rear had gone on-top of my bumper (No I was not drunk or high!). Police came and gave me a ticket for careless driving as well, and since I was young told me to fight it in court. So I put it for court, and to my surprise the other party did not show up. The police showed up, but however did not attest to anything when called upon. So I got my case withdrawn.

Don't get nervous or scared, just put it to court and as others said, they may even lower your fines or the other party may not show up.

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[OP]
Newbie
Aug 8, 2016
9 posts
1 upvote
I do have winter tires at rear back and I wasnt speeding either. It was 5.30 PM traffic jam everywhere . I had something like 50 km/ hr Having just left home literally just 300 meters away from the accident place.
I simply had no idea where the van came I just saw it in my face making a sudden stop. Being 3 Celsius plus and light rain there was smog also :(
Deal Addict
Nov 22, 2015
4526 posts
3603 upvotes
You can definitely fight the careless driving charge as others have mentioned.

BTW, only drivers can be at fault... Weather and road conditions cannot be 'mainly at fault'.
Sr. Member
Mar 17, 2016
835 posts
614 upvotes
Definitely get a paralegal and contest it. It is not careless driving. Any half decent paralegal should be able to drop that charge completely. Cop probably had a bad day or a thing against Mustangs. I wouldn't worry too much. You should be able to just reduce everything to a $ fine.
Deal Addict
Sep 2, 2010
1674 posts
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This scenario happened to me almost on exactly this date about 10 years ago. I was overcharged. It was almost slow motion as my car slid, and slid, and slid like a curling stone on ice that was buffed from cars stopping and starting. I gathered up pictures, and the local newspaper from the next day which showed havoc on the roads. It is almost a given you will get offered a lesser ticket such as following too close, if you show you are serious to defend it (you can do this yourself without a lawyer or paralegal - but show a willingness to get a lawyer). The unfortunate thing is that lesser ticket is still a mark on your record, but you'll take it because you don't want to risk going to trial and losing on the more serious charge - or do you?
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Oct 14, 2003
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Bogdan1976 wrote:
Dec 21st, 2018 7:15 am
I do have winter tires at rear back and I wasnt speeding either. It was 5.30 PM traffic jam everywhere . I had something like 50 km/ hr Having just left home literally just 300 meters away from the accident place.
I simply had no idea where the van came I just saw it in my face making a sudden stop. Being 3 Celsius plus and light rain there was smog also :(
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Deal Guru
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Oct 5, 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
2005 Mustang, RWD

Only winter tires on the back

Daughter in the car.

Blames weather and road conditions.

Sigh.

Bottom line is you were driving too fast for the conditions seeing how you couldn't stop in time.

This is the very definition of careless driving.
Sr. Member
Apr 15, 2014
536 posts
543 upvotes
Toronto, ON
You mentioned that you had no idea where the van came from yet it was right infront of you. Were you using your cell phone or distracted in some other way?
Please respond
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Jun 12, 2007
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Swerny wrote:
Dec 21st, 2018 7:59 am
..

This is the very definition of careless driving.
No , the HTA offence of “Careless Driving” has a specific legal definition that is not the same as the implied meaning of “being careless while driving”

We *could* all 100% agree that the OP was “being careless while driving” but that does not mean the OP is guilty of the HTA offence of “Careless Driving “ .

Edit....

This is why the op needs to get some legal advice. If you have CAA, they used to have a service where you could get 30mins free legal advice in regards to traffic tickets
Last edited by l69norm on Dec 21st, 2018 8:36 am, edited 3 times in total.
Sr. Member
Apr 15, 2014
536 posts
543 upvotes
Toronto, ON
l69norm wrote:
Dec 21st, 2018 8:27 am
No , the HTA offence of “Careless Driving” has a specific legal definition that is not the same as implied meaning of “being careless while driving”

We can all 100% agree that the OP was “being careless while driving” but that does not mean the OP is guilty of the HTA offence of “Careless Driving “
To be honest I don't think any of us can say OP was being careless when we weren't there. We're just cynical RFD'ers assuming the worst in people, as usual.
Please respond
[OP]
Newbie
Aug 8, 2016
9 posts
1 upvote
i respectfully disagree that i was going too fast at 40 - 50 km /hour for the road conditions this day. There's no equation for how to dive in different conditions and we all have to adapt to the weather. All the cars ahead were driving at same speed. It is very unfortunate that I can't remember how the van ended up in my face but it could have been as well turning the corner w/o giving me priority.
Another major player in this situation could have been the snow tires. It isn't the first time I notice they don't do well in rain like conditions. Perhaps the brand name I am using (continental) is crap. I have no excuse for this. Yes i am at fault not trying to deny it but i wasn't careless.
[OP]
Newbie
Aug 8, 2016
9 posts
1 upvote
CardinalComb wrote:
Dec 21st, 2018 8:17 am
You mentioned that you had no idea where the van came from yet it was right infront of you. Were you using your cell phone or distracted in some other way?
absolutely not , my head was straight ahed . this is the part i can't understand. I simply didn't seen the car ahead stopping before intersection enough time to stop and prevent slippage .. i am a little bit distraught lately by work related issues and i a bit stressed.
Last edited by Bogdan1976 on Dec 21st, 2018 8:36 am, edited 1 time in total.
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Mar 13, 2004
9074 posts
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Toronto, Ontario
Go hire somebody to fight the ticket as you have a good chance of getting a lesser charge.

HOWEVER for your safety & your family please go buy some new good winter tires for all 4 wheels. Its very likely that your rear tires were gripping more but because your on non winter tires in the front you just slid forward. You likely could of avoided this accident so now tell yourself was it a better deal to Save a few hundred dollars by not getting good new winters for all wheels OR now your going to end up paying an extra few thousands dollars + stress + your time due to being in an accident? Winter tires will have much more grip in the exact conditions you were in that caused this accident.

Do yourself a favor and go buy some new winter tires here are some suggestions for good quality ones,
Continental WinterContact Si
Bridgestone Blizzak WS80
Michelin X-Ice Xi3
Nokian Hakkapeliitta R3

Bogdan1976 wrote:
Dec 21st, 2018 7:15 am
I do have winter tires at rear back and I wasnt speeding either. It was 5.30 PM traffic jam everywhere . I had something like 50 km/ hr Having just left home literally just 300 meters away from the accident place.
I simply had no idea where the van came I just saw it in my face making a sudden stop. Being 3 Celsius plus and light rain there was smog also :(
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