January 12, 2016
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When it comes to preventing a Careless Driving ticket there are a couple of things you really need to know:
- START CARING BEFORE YOU GET CHARGED!!!!
- You might be able to, often with the right help, turn a careless driving charge around
Caring about the rules for drivers in Ontario, is what DRIVING is all about. The Highway Traffic Act of Ontario (HTA) describes careless driving as driving on a highway, (street, avenue, and road) without due: CARE, CONTROL, and ATTENTION required by the law, and which demonstrates consideration for other people using the road.
Careful driving starts by considering what is a careful driver? Not caring about bad habits like: your speed, maintaining the proper 60m distance between you and the vehicle in front of your car, failing to yield the right of way, not wearing your seatbelt or permitting your passengers not to wear their seatbelts, driving with a broken headlight or burned out running light, or using your cell phone while driving can and do increase your chances of getting a careless driving ticket; and likely, it’s ONLY a matter of time, your bad behavior(s) will lead to an accident. It’s even more likely you will be charged with Careless Driving. A conviction under section 130 of the Highway Traffic Act in Ontario is a major conviction with serious consequences.
If you’re found guilty and convicted in traffic court, your conviction is punishable by a minimum fine of $400.00 and up to a maximum fine of $2,000; in addition to the fine a substantial victim fine-surcharge will be added at the time of payment for your fine. Your license may be suspended for up to two years, and in some cases, the court can order a sentence of up to six months in jail. Then the Ministry of Transportation will apply 6 demerit points to your driver abstract, which becomes part of your driver record.
When faced with a charge of careless driving commenced by summons or offence ticket in Ontario, it is ALWAYS best to find an experienced paralegal; a seasoned trial-experienced paralegal who knows and understands all the essential elements within Section 130 of the Ontario Highway Traffic Act.
If you do not fully understand Section 130 or rules of evidence, what disclosure is, what disclosure you are entitled to, and what it means to your defence, then DO NOT defend yourself without a paralegal.
The prosecutor and the police testifying against you will know the section implicitly, and will be presenting evidence to prove you have committed all the essential elements of section 130 beyond a reasonable doubt. The prosecutor will also argue for the evidence of their witnesses to convict you as well.
At TICKETSAVE our paralegals are experienced, we KNOW section 130; WE will FIGHT the charge; CHALLENGE the evidence of the prosecution to disprove the essential elements the prosecution presents as evidence violates the HTA beyond a reasonable doubt.
TicketSave will defend you, present your evidence and fight for you with every legal argument(s) available. Your TicketSave paralegal will fight the prosecutor’s evidence, summarize the deficiencies in their evidence, and will request the Justice of the Peace dismiss the charge of careless driving against you.
In Ontario, a Dangerous Driving charge is a Criminal Code violation; which is by far more a serious charge. It is NOT a Highway Traffic Act offense. In some cases, a Dangerous Driving charge may be amended within a plea conference to a Careless Driving offense.