Why was I charged with Careless Driving?
Many people we encounter, don’t always understand why they were charged with Careless Driving, for a minor fender bender.
Careless Driving, after all is a very serious traffic ticket. But it is best not to despair if you have received a Traffic Ticket charge for Careless Driving.
The following information may answer some of the questions you may have about Careless Driving.
To begin with, Careless Driving is laid against driver’s for a variety of reasons. From simple fender benders, to serious fatal collisions.
The charge can also be laid for a variety of minor to serious accident scenarios. But, it can also be laid against you even when you haven’t been involved in an accident.
So, now you may be wondering, how can that be? How can a charge of Careless Driving be laid against a driver for everything from a serious, or a minor collision, to no accident at all?
The short answer is, the Police can charge drivers for accidents they perceive to have been caused by a lack of due care and attention. Or where they perceive you were driving without reasonable consideration for others using the highway, or for both reasons.
Think of Careless Driving as a blanket charge, that can be used in a variety of different scenarios. An accident does not need to occur, for you to be charged with this offence.
However, it is a charge that is regularly laid against the majority of drivers, whenever they are involved in collisions in Ontario.
I do not think I was Driving Carelessly!
Sometimes accidents are just accidents, and no one is to blame. In other situations, accidents may well have been caused by a driver. But that doesn’t automatically make you guilty of Careless Driving.
There are so many factors and variables to consider in each situation or accident, and those factors will need to be assessed & considered to the most relevant & leading Case Law in Ontario and Canada.
So while you may have been involved in an accident, and you may think you could be found to be at fault. You may not actually be at fault, for violating the Highway Traffic Act, relevant to a charge of Careless Driving.
It really comes down to a case by case analysis, but you would be wise to consult with a an experience & Licensed Paralegal.
Lighthouse Legal Services would be pleased to offer you a *FREE consultation, so that you can learn more about your options.
Should I Speak to the Police?
That is entirely your hoice. You have a Charter Right to Remain Silent, but if you choose to speak to the police, you should know that anything you say can be used against you in Court.
So if you are charged for instance with Careless Driving, your statement can be used against you at Trial.
In my experience, the majority of Defendants who give a statement, without first obtaining advice from a trained and licensed Paralegal, can end up receiving a ticket for Careless Driving.
The Officer told me to fight my Ticket?
It can be a confusing process if a Police Officer hands you a ticket, and also advises you to go to Court fight it. I can’t give you an explanation as to why this occurs, but in my opinion, I believe that the Police Officers understand the seriousness and potential consequences of laying a Careless Driving charge.
And simply paying the amount on the ticket, and not successfully defending against the charge could result in you being dropped by your insurance provider, and also possibly placed into high-risk category for future vehicle insurance.
During most traffic stops, the Police Officers do take the time to explain to you the options laid out on the back of the Traffic ticket. But be mindful, that no Defendant should be taking legal advice from the Police, since they are in the business of law enforcement and will be trying to convict you if they charged you.
It is important that you Seek proper legal advice if you have been charged with Careless Driving to explore what your legal options are available.
Why should I Hire You if I’ve been charged with Careless Driving?
Your Traffic Ticket charge(s) could be quashed, stayed, acquitted, or dismissed by the Court, depending on a variety of factors.
You are going to have a much better chance of successfully defending, or winning at Trial, against the very serious charge of Careless Driving, if you have retained an experienced and qualified legal representative.
Knowing how to get a positive result can be the key to preparing, presenting & achieving a successful defence against a charge of Careless Driving, or appealing a conviction.
At Lighthouse Legal Services, Brian Morris is considered the Best Advocate for Careless Driving Trials, and Appeals. His defence arguments and successful Trial decisions in Traffic Court have previously led to the Court creating case law for Careless Driving cases throughout Ontario.
Those case law decisions are binding on the lower Courts to follow in the appropriate circumstances.
At Lighthouse Legal Services
- We know the laws, procedures, and rules of the Court
- We know how to develop the best possible strategies to achieve success
- We know what questions to ask, & how to ask those questions
- We have Case Law expertise, and will thoroughly research all major rulings that relate to Careless Driving, and the case law that relates to Provincial Offences Trials
- We strive to capably represent & protect your Charter of Rights
- We competently identify case issues
If you have been charged with Careless Driving,
Contact us today for a Free consultation.