- Reaction score
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- Points
- 110
The best advise so far has been given by GEO. The courts are governed by case law as much as they are by statute law, so previous rulings have to be taken into account by the Justice of the Peace in traffic court. In certain circumstances the police may just lay a careless driving charge because no other charge can apply eg. they may not have evidence of follow too closely. In traffic court you may be approached to plead guilty to a lesser offence but remember that the prosecutor has to prove the charge laid beyond a reasonable doubt. Slick ice covered roads may provide that doubt. You are entitled to have the Crown prosecutor's office provide you with full disclosure which would include the police accident report, witness statements, officers notes on observations and measurements taken at the scene of the accident. Once you plead not guilty, request a copy of the disclosure documents, once you get them have a look at how strong the prosecutors case is. If you think it's weak, plead not guilty and have a trial on the Careless charge, odds are it will be withdrawn. Don't fall into the trap of pleading to lesser charge if they can;t prove the original beyond reasonable doubt.
POINTTS or similar can represent you for fee or you can research Case Law on Careless Driving charges and represent yourself.
POINTTS or similar can represent you for fee or you can research Case Law on Careless Driving charges and represent yourself.