Andrea

Hi all, this is my situation:

i was driving in a residential street (2 way) (50km limit), there is a small turn i'd say about 75 degrees to the right. as im approaching the turn i lost control of the vehicle. i believe someting happened with the front left tire because the car just drifted to the left and i had the steering wheel turned to the right, the vehicle when almost in a straight line to a parked vehicle in a driveway in one of the houses on the other side of the street. now, this happened so fast that i just tried to correct the vehicle direction without actually having time fro braking. the officer didnt give me a hard time at all, however she gave me a ticket for careless driving and told me right away that i had the option to plead guilty with an explanation which would get it down to just 2 demerit points, or to fight if in court, BUT that IN HER OPINION i tried to ""avoid"" another vehicle somehow and lost control of mine and i should "think" about that. i really dont know what to make out of that statement, i gave her my statement clearly saying there were no other vehicles, animals, or people on the road at the time of the accident.

i am really confused as of what to do, i dont think is fair for me to get any of the options given by the officer since i will either lose 6 point and my insurance company will cancel my policy. or lose 2 points ans see my insurance sky rocket. please give me some advice
Thanks

Tacos

Talk to the DA before your court date. Been there, done that... It helps.

Turbo News

if you can get a mechanic to inspect the vehicle and maybe they can see some prior damage that could have caused the accident... if not plead down with the prosecutor and go for the 2 points...

sushi

How fast were you going? Was it over the 50km speed limit?

BigJ

That kinda sounds like Ontario bullshit, but the points don't work like that. They are static, Careless is 6 points regardless. Also, Careless won't get your license suspended right away, Dangerous driving will. If you appear to have re-occurrence or careless driving, or driving indicative or related to careless you more than likely will.

Pleading guilty with an explanation just gets the fine reduced no demerit point change. First thing I would check is if the ticket is written up properly. If it's not written properly they will through it out in court. You can reference it here in the future.

Highway Traffic Act, R.S.O. 1990, c. H.8

Here is the section in the Highway Traffic Act

Careless driving

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

So basically, if the ticket is written up under section 130 properly, you then have to prove in court that you where driving WITH due care. I must worn you in advance, if you do go to court, there are some exceptionally shady "citizens" there.

btw - Where do you live and how old are you? If your a more seasoned driver with a good record, fight it. The judge (call him/her "Your Worship") usually takes it easy on occasional mishaps.

Goodluck

brianb

My advice is hire a traffic ticket lawyer. I use redline legal services, I have had good success with them.

Bulletman

and there goes 600 out of your pocket lol

zxswift

You've got a pretty decent argument... your statement contradicts her entire argument for the violation she cited you for, that's kinda odd dont ya think?
+1 for lawyer though...