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Careless Driving In Ontario

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  • 12-22-2006, 07:59 AM
    coolihans
    Careless Driving In Ontario
    So here is my story,

    Lastnight I was traveling through town with a group of 4 cars at about 20 over the posted 50 zone speed limit lastnight around 11pm.

    Aparently a police officer saw this and began to follow us, however we proceeded to travel into a neighbourhood to drop off my friend (not evading police we had no idea and lights were not on)

    After leaving the neighbourhood we crossed the street to the esso station where we saw a police car driving rather sketchy down the road, but thought nothing of it.

    After filling up with gas we proceeded to highway #10 to drop off my other friend (who was in my car) and 3 other cars were following.

    we proceeded approximatly 4-5 km down #10 at about 110 km/h in an 80 zone, where we stopped at a set of lights and made a left hand turn.

    This is where the officer aparently found us again and followed us, not knowing this I accelerated quickly from 0-70 km/h however this is a posted 80 zone.

    I never traveled over 90 km/h and was watching my mirror the entire time and speedometer as my friend and I were commenting on how slow the others were traveling.

    At that point a friend in the group passed another friend in the group in the passing lane on a 3 lane highway (#9) (I was not involved in this i was very far down the road)

    I made a left hand corner down a small 2 lane country road towards my friends neighbourhood at about 45 km/h (no tires squeeling, in perfect control)

    and procceded to travel at about 110 km/h in a posted 80 zone, and no headlights were visable in my mirrors (it is about 11:15 pm by now)

    I slow right down to about 60 km/h and finally several seconds (30+) i see the headlights of my friends car in the distance so i proceed to turn into my friends neighbourhood where I parked infront of his house and turned off my car,

    then the flashing lights came on.

    I was charged with careless driving,

    The police officer thought we were evading them, which he quickly realized we werent (no falshers were ever on) and my friend pointed out that we were parked beside his home.

    4 aditional police cruisers come.

    I was also searched, and obviously nothing was found.

    The police officer said that he had to travel at 140 km/h and he still could not keep up with me (a lie since he did not pass my friend whom was behind me driving about 60km/h) however I did not know this.

    I still denied this as it is compleatly untrue, my car cannot travel 140 km/h in that distance uphill, and I told the officer that.

    He told me that he only wrote down in his logs that I made a improper lane change and I was speeding a bit, and that I would get it reduced in court to a improper lane change ticket..since he wanted to teach me a lesson.

    He also told me that if they do not reduce the ticket to that, to tell court that I would like the officer on scene and that he will talk to the court and makesure it is reduced to a 110 dollar no point ticket.

    He also told me to tell them I have exams so that I can get an extension on the court date 1.5 years in advance..

    We then shook hands and I thanked him and I went on my way.

    My buddy in the car behind me also got a careless driving ticket...but that is not the issue.

    What should I do? I looked up the careless driving code, and I even told the officer when he told me about the 140km/h thing that "I was concentrating on the road at the time officer" I dont see this as grounds for a careless ticket.

    Should I represent myself or hire someone? (I cant afford to not get insurance as I have to drive to school daily)

    Sorry it's so long, but I figure I would try and get as much info as possible.

    thanks!
  • 12-22-2006, 01:46 PM
    Bookm
    Re: Careless Driving In Ontario
    Sounds kinda' hokey to me. My guess is the cop radioed a bunch of his partners to grab you guys and likely find booze or drugs or something. I think he ticketed you just because he went through all that effort. He knows the Careless charge wouldn't stick (based on what you said above), so he just made it look like he's doing you a favour by helping you get it reduced... of course, he STILL gets a conviction. Pffft, evading is only valid if his cherrys are on.

    (If it were ME) I'd plead not-guilty and file for Disclosure, which is a statement prepared by the officer outlining his side of the story. How to: http://www.roadwarriors.ca/resources...isclosure.html

    Of course the Crown will offer you a reduced plea, but it's totally up to you if you want to take it. This is a pretty heavy charge if it's your first time defending yourself. You don't want to screw it up soley due to lack of experience.

    Here's the Ontario statute:
    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.

    Sure you sped (don't admit to that in court), but you weren't charged with speeding, so it's not an issue. Admitting to ANY wrong-doing will allow the JP to amend the charge to suite.

    Now the handshake might be a problem ;). Ya' kinda' made a gentlemens agreement there, hehe. But heck, you'll never see him again, right!! LOL
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