Charged with Careless Driving...
10-24-2009, 06:20 AM
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Charged with Careless Driving...
So I got charged last night with Careless driving.. still in a bit of a shock I will do my best to portray the scenario.
I was making a left turn at the intersection of bay/wellsley in the designed turn lane, it was pouring rain and quite windy... I came to a complete stop in the intersection after the light had turned green (I was going eastbound). After viewing one pedestrian pass the crosswalk and checking to the left of me quickly and my blind spot I checked for oncoming traffic, noticed there was none, and proceeded to make the turn slowly.
Next thing I know there's a blur to my right and I've made contact with a pedestrian dressed in all black. she hit my bumper, landed on my hood and then fell off the side... I hadn't even completed the turn I was going about 10km/h... I was shocked i slammed on the breaks, flipped the flashers and got out expecting her to be pissed and screaming at me... needless to say she was unconscious on the ground. There were plenty of witnesses and she regained consciousness within a few moments (I was on the ground beside her with a doctor who happened to be waiting on the corner). The police/ems/fire showed up in two minutes and I was seperated from her at this point....
After I calmed down slightly and they took her away on the ambluance the cops began their investigation... feeling completely guilty and like ****, knowing i was at fault i cooperated and gave a voluntary statement from the best account of my memory. I was informed during the procedure she had broken one bone, beyond that she was alright... there is no physical damage to my car minus one small dent on the hood where I believe her elbow made contact guaging from the dent and where her body contacted...
the initial cops investigating the scene were quite helpful, or as much so as they can be in such circumstances... i was told I would be charged with failure to yield to a pedestrian at a crosswalk. Being pretty familliar with the law, I explained that was understandable... then highway traffic officers took over because it was a PI (pedestrian injured)... 2 hours later an officer slaps with a careless driving charge... 6 demerit points and 325$. All officers without officially advising me (because, of course, they cannot do that) suggested I fight the ticket in hopes for a reduction on a guilty plea to failure to yield to a pedestrian at a cross walk... I do think i was at fault, but I do not agree with a careless driving charge... while not defending myself I did all the appropriate checks, it was pouring, and she was wearing all black... I am thinking I will fight it on hopes of a reduction to the lesser charge, I have no issue adressing my personal culpability.
I was wondering if anyone has experiance with this charge, experiance with a good law firm / legal aid and any advice in general...
anything would be appreciated, I feel like total ****.. pretty much the only thing keeping me sane right now is the fact she'll be fine.
thanks guys..
I was making a left turn at the intersection of bay/wellsley in the designed turn lane, it was pouring rain and quite windy... I came to a complete stop in the intersection after the light had turned green (I was going eastbound). After viewing one pedestrian pass the crosswalk and checking to the left of me quickly and my blind spot I checked for oncoming traffic, noticed there was none, and proceeded to make the turn slowly.
Next thing I know there's a blur to my right and I've made contact with a pedestrian dressed in all black. she hit my bumper, landed on my hood and then fell off the side... I hadn't even completed the turn I was going about 10km/h... I was shocked i slammed on the breaks, flipped the flashers and got out expecting her to be pissed and screaming at me... needless to say she was unconscious on the ground. There were plenty of witnesses and she regained consciousness within a few moments (I was on the ground beside her with a doctor who happened to be waiting on the corner). The police/ems/fire showed up in two minutes and I was seperated from her at this point....
After I calmed down slightly and they took her away on the ambluance the cops began their investigation... feeling completely guilty and like ****, knowing i was at fault i cooperated and gave a voluntary statement from the best account of my memory. I was informed during the procedure she had broken one bone, beyond that she was alright... there is no physical damage to my car minus one small dent on the hood where I believe her elbow made contact guaging from the dent and where her body contacted...
the initial cops investigating the scene were quite helpful, or as much so as they can be in such circumstances... i was told I would be charged with failure to yield to a pedestrian at a crosswalk. Being pretty familliar with the law, I explained that was understandable... then highway traffic officers took over because it was a PI (pedestrian injured)... 2 hours later an officer slaps with a careless driving charge... 6 demerit points and 325$. All officers without officially advising me (because, of course, they cannot do that) suggested I fight the ticket in hopes for a reduction on a guilty plea to failure to yield to a pedestrian at a cross walk... I do think i was at fault, but I do not agree with a careless driving charge... while not defending myself I did all the appropriate checks, it was pouring, and she was wearing all black... I am thinking I will fight it on hopes of a reduction to the lesser charge, I have no issue adressing my personal culpability.
I was wondering if anyone has experiance with this charge, experiance with a good law firm / legal aid and any advice in general...
anything would be appreciated, I feel like total ****.. pretty much the only thing keeping me sane right now is the fact she'll be fine.
thanks guys..
10-24-2009, 07:07 AM
#3
sorry to hear about this unfortunate accident...
try to remain positive my friend... the good news ia that the pedestrian was not severly hurt. I used an ex-cop firm when I got a speeding ticket a few years back. My offense was driving 68 in 50 zone. I paid the ex-cop firm 150 bucks the end result was they got the ticket dropped. Getting your charge reduced might be a bit more challenging but I suggest fighting it.
good luck
try to remain positive my friend... the good news ia that the pedestrian was not severly hurt. I used an ex-cop firm when I got a speeding ticket a few years back. My offense was driving 68 in 50 zone. I paid the ex-cop firm 150 bucks the end result was they got the ticket dropped. Getting your charge reduced might be a bit more challenging but I suggest fighting it.
good luck
10-24-2009, 07:40 AM
#4
Dam! How did you not see her, that area is pretty well lit up...
Lawyer up, fast... This will fk up your insurance -bad....
Ninja Edit: You should not have given a statement, considering you were still in shock... I surely hope that you did not state that it was your fault.. or you're pretty much screwed....
Lawyer up, fast... This will fk up your insurance -bad....
Ninja Edit: You should not have given a statement, considering you were still in shock... I surely hope that you did not state that it was your fault.. or you're pretty much screwed....
Last edited by Reality350; 10-24-2009 at 07:43 AM.
Hi...
10-25-2009, 07:17 AM
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Thanks guys, I've got an attourney and we're going to discuss the details on monday... Being involved in the study of law I did not admit culpability in my statement and gave an account of events no different than I would have in any other scenario.
I sincerely hope nothing else 'comes down the pipe' however, I've read multiple case studies of essentially corrupt firms coupling medical institutions and parties padding personal injury suits... anyways, anticipation is killing me, I appreciate the advice, I do believe I can plead it down but I doubt my lawyer will want me to plead guilty to anything.. in which case the morality kinda eats away at you... this scenario has thus far without having progressed forced me to re-evaluate my decision to enter law... hypothetically, it really seems you must sacrifice your personal financial situation in respect to outrageous premiums for the sake of morality... or simply fight it, pray you get off and then live with the idea that you perhaps worked the system for the sake of saving your pocketbook and livelihood if you must drive on a day to day basis for work etc... I dunno, many aspects of my life seem off and different now, and i definitely can't seem to 'put this past' me..
Anyways, thanks again, I suppose i'll post with updates as the scenario progresses for the sake of anyone else unfortunate / stupid enough to get themselves involved in a similar scenario.
I sincerely hope nothing else 'comes down the pipe' however, I've read multiple case studies of essentially corrupt firms coupling medical institutions and parties padding personal injury suits... anyways, anticipation is killing me, I appreciate the advice, I do believe I can plead it down but I doubt my lawyer will want me to plead guilty to anything.. in which case the morality kinda eats away at you... this scenario has thus far without having progressed forced me to re-evaluate my decision to enter law... hypothetically, it really seems you must sacrifice your personal financial situation in respect to outrageous premiums for the sake of morality... or simply fight it, pray you get off and then live with the idea that you perhaps worked the system for the sake of saving your pocketbook and livelihood if you must drive on a day to day basis for work etc... I dunno, many aspects of my life seem off and different now, and i definitely can't seem to 'put this past' me..
Anyways, thanks again, I suppose i'll post with updates as the scenario progresses for the sake of anyone else unfortunate / stupid enough to get themselves involved in a similar scenario.
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10-25-2009, 07:46 AM
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Like someone said, get a lawyer. Is this your first traffic violation? If not what kind of other violations have you had? Did you follow through and find out what the total injuries were to the injured party?
Let it goto court and see what happens, not much more you can do.
Let it goto court and see what happens, not much more you can do.
10-25-2009, 08:15 AM
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First violation, yes. I am not sure whether or not you're from Canada, but the police are not allowed to divulge that information because severity of injury(ies) cannot always be determined by initial hospital visit. I tried to find out the extent of her injuries as well as where she was etc so I could issue a statement of appology or possibly more but was informed as I stated that they were not allowed to give out any information. I overheard that she broke 'a bone' from an officer who also suggested based on the speed of impact (they were talking in a room behind me) that she probably didn't consume enough calcium... pretty unbelieveable that someone would be making those comments period imo.
I was assured multiple times however that her injuries were not very serious at all or else I'm sure my fine (which can go up to 1000$) would have been adjusted in accordance. I was fined the minimum if not close to as per the basis of the injuries and speed of my vehicle at the time. I got off on what is to be considered the 'lower end' of this particular charge... it spans a rediculously broad spectrum of possible situations.
I was assured multiple times however that her injuries were not very serious at all or else I'm sure my fine (which can go up to 1000$) would have been adjusted in accordance. I was fined the minimum if not close to as per the basis of the injuries and speed of my vehicle at the time. I got off on what is to be considered the 'lower end' of this particular charge... it spans a rediculously broad spectrum of possible situations.
10-25-2009, 08:20 AM
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I'll have to read up on the traffic laws, but I am fairly sure (since its the same across the board pretty much) since she wasn't killed, you never had a violation prior, weather conditions, and the fact you didn't run away but stay to help and give a statement willingly, will all play in your favor in court. Get a good lawyer, I am sure he'll be able to slam dunk this.
10-26-2009, 12:04 PM
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I got a careless driving ticket. I was driving back after having a couple drinks (might have blown over,might not have but had a G1 at the time so can't have ANY alcohol)....girlfriend sees an animal, grabs my wheel, car flips and smashes into a pole. Officer arrives...says its a lot of paperwork for him to breathalyze me....gives me a careless and says if he sees me in court he'd make my life a living hell. At the time, I didn't realise he can't really do that, so I didn't fight it. Worst mistake ever. Fight it dude, fight it.
10-26-2009, 12:54 PM
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I got a careless driving ticket. I was driving back after having a couple drinks (might have blown over,might not have but had a G1 at the time so can't have ANY alcohol)....girlfriend sees an animal, grabs my wheel, car flips and smashes into a pole. Officer arrives...says its a lot of paperwork for him to breathalyze me....gives me a careless and says if he sees me in court he'd make my life a living hell. At the time, I didn't realise he can't really do that, so I didn't fight it. Worst mistake ever. Fight it dude, fight it.
do you really want to double-cross the local PD? Don't you think if they ever saw you again they write you a book?
Fight it sure, but if he cuts you a break and doesn't DUI you, you take it on the chin and move on.
10-26-2009, 01:35 PM
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he cut me a break. however, either he didn't know the consequences of booking me, or he lied, because he said my licence wouldn't get suspended and it did. At any rate, I'm alive, breathing and own a Z so life is good enough.
10-26-2009, 02:03 PM
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Sounds to me like the judge threw the book at you...they tend to do that from time to time, not exactly what is normal.
