Careless Driving Charge - 6 deremit points.
 

Hey everyone, long time lurker first time poster. Really didn't think I would need to post in this section but I sadly do. I got a careless driving charge today in Mississauga for swiring onto a curb. THis is how it all happened:

-I was in the right lane stopped at a light with a cab infront of me. The zone was 60 but the cab was going really slow (40 km probly) once the light went green.

- I decided to change lanes to the left lane because it seemed like that lane was moving much quicker. Sadly, as soon as i switched to the left lane the left lane became real slow and the right lane had a nice opening with no traffic ahead.

- So then I decide to go BACK into the right lane but this time infront of the cab that I was originally behind. I pick up speed from about 50 (this was the traffic speed at the time) to about 60-65 so I can overtake the cab and get into the open lane.

-As soon as I turned into the right lane again, there was a canada post van STOPPED with the lights flashing. I was so close to it and with me going at 65 there was no way I would be able to break in time. The postman was by the mailbox on the curb. Anyway, In split seconds I decided to swirve my car right into the curb to avoid the Canada post van. Luckily my car was able avoid the car and postman and the post van or the postman did not get hurt or damaged. The only damage was that I took out a small phone junction box (those little brown things popping out of the ground). Also, my car had a flat tire on the right side, and maybe some suspension problems that I might not know of. The postman was really concered at first to see if i was ok. Soon after, he started yelling and swearing at me for speeding and driving like a maniac. I'm not lying when I say this; I did NOTHING WRONG. I was basically going speed limit, it was just unfortunate I did not see the red van because the road was curving and my view was a little blocked. The postman called the cops and the cops came. Also, the taxi driver that I overtook was pissed off because I "cut him off". (Even tho cab drivers do this ALL THE TIME). The postman called the cops then soon after left. The cab guy stayed though...and the cops soon came as well as a tow truck. The cop asked me what happened, and then asked the witness(cab driver). He then took a statement (which the cab driver was reluctnat to give) from the cab driver and handed me a ticket of careless driving for $325 and a loss of 6 points.


-Question is what do I do now? I have a G2 and I am only 17 years old. Do I hire a lawyer? X-copper? What are my chances of getting a smaller penalty?

-Thanks a bunch guys.

Woops the title should be Demerit not Deremit.

17 with a careless driving ticket? Good luck.. I hope you can afford insurance after this..

So if I get this right, you drove yer car up onto the grass between the van and the sidewalk, took out a telecom box and stopped the car.

If I got that right - then yer basically fukked cuz ya should have looked "scanned" the road up ahead for traffic/stopped vehicles/construction/etc... cuz it sounds like you werent looking far ahead at all. Curvy road means nada, cant see around corners means proceed with caution and pass only when it is safe to do so.

Couple options #1 spend this time driving however you want cuz come court time/premium increase - yer screwed and wont be able to afford insurance for a long time, #2 get rich quick

Find the cabby jump in front of his car while moving get hit fall to ground say your gonna sue, and he'll lose his license. He worries he needs license to be cabby and make money, decides to give you all his money from that days earning with promise you won't sue. Take it and sue anyways.

Hey guys...well basically I guess you could say I wasnt looking ahead...but I was. Problem is I looked ahead...it was clear...chcked mirrors it was clear...and then checked blind spot...in the 2-3 seconds that i spent on checking mirrors and blindspot...the traffic moved and the STopped car obviously did not. Thus, I came infront of that car and had to swirve out of the way to avoid it. What pisses me off is that I did not do anything to the cab, postman, or his car. Yet, im faced with this. If the cab driver had just left the scene and not have been a prick...I would have just changed my flat and driven to the garage. And I would just call the city or the cops and tell them I damaged this phone junction and probably get away with a small fine. Amazing how things can go from one thing to another.

In my experience they like to lay the dangerous driving charge for a lot of different things. The idea is to hit you with something big and all-encompassing like that, because either you will 1/ accept it and pay it and suck up the points or 2/ will go to court and have it reduced to something less, so they'll still get some money and a charge out of it. If they would have just charged you with a lesser offence, there's not as much "wiggle" room to negotiate down.

Unfortunately you did do several things wrong, even though you feel like you didn't.

Honestly though, he's right normally he could have just fixed the flat and took his car to the garage. I do not understand how a policeman can really believe the story of a cab driver. Cab drivers are the most reckless drivers on the road. I think that if he had been older the cop would have been charging the cabby, and the only real reason snipes is getting this huge charge is because cops like to pick on younger guys. Just saying if he had been a guy in his 30's or 40's the charges would be half as bad.

He did do the right thing by swirving up onto the curb, he shouldn't have been in that lane however. I'd think you could blame it on the cabby, he was following to close and to avoid you being rear ended and pushed into post truck say you went up the curb.

Fight it, your only chance

not a bad idea, however when all vehicles are travelling in the same general direction - the one who changes lanes or turns usually gets nailed cuz it seems like they are the ones who did something wrong.

You could say that you saw that you needed to stop (cuz of the parked van) and say you looked in yer rear view mirror and saw the cabbie wasnt looking foreward and did not notice you slowing/stopping. You felt THE safest thing for you to do was mount the curb (cuz you scanned it and saw it was clear of ppl) and try to avoid a 3 or more car pile up. You acted as safely as possible. The alternative was to stop behind the van, have the cabbie rear end you for sure, and having your car thrown foreward hitting the van.

The fukked up thing is - had you stopped and got reared - it would have been the cabbies fault. No good deed goes unpunished.

My broker once told me " if ya know that an accident is unavaoidable and yer gonna run over a pedestrian, kill them. Its cheaper to pay for a funeral than mediacal".

Thanks a lot for the replies guys, it really helps to know what other people think. Kuztom Freak I really liked your idea sir and my xcopper said the exact same thing you did when I told him of the situation. I think we are going to use that in the court. However I did not lay it out that way to the cop. Will that affect it in any way? Because the cop asked me WHAT happened, and I told him I swirved onto the curb to avoid hitting the van and took out the phone booth. He did not ask me WHY it happened. However I assume the court looks at what you said before and what you said after I think?

First of all, sorry for your luck.

Secondly, definitely fight it. The police lay Careless driving charges far too often.
I'm not saying it's absolutely something you will win, but you have a fair chance of having it reduced.

If you can afford it at all, go with an experienced lawyer over X-Copper, HELP, or POINTS.
I have personally used POINTS and have found their representation to be half-hearted at best.

Find a lawyer through a friend, or your parents, or the phone book. Tell the lawyer your situation, be honest don't give them any Bullshit, and I think you will get a much clearer idea of what your chances are.

I have a friend who skidded through a stop sign and was involved in an accident. He was able to get his Careless charge dropped to Failing to Yield.

Wish you all the best. Good luck.