How to contest with careless driving charge?

Heineken · 发表于 2002-9-12 19:16

I had an accident yesterday. The police gave me a ticket and charged me for careless driving. I decided to go to court.
Could you tell me how to contest with the charge.

thank you very much

Folks · 发表于 2002-9-13 21:39

First step, plead NOT GUILTY on the document or on the court date.

If you want to contest the charge, you will need to bring a witness (who should be a good driver, otherwise this person has no knowledge if the witness will be to your advantage); then you must do some homework: to simulate in your head what has happened and the sequence of the event: line them up on a piece of paper and prepare some strategies -- to prove to the court that the charges by police are groundless.

But If you lose the case, your licence might be suspended for 30 to 180 days depending on the charge. If you can't afford the suspension of the driving licence, then you need to hire a good lawyer.

Otherwise, the chance of winning this case is dim if the police show up on that day.

Heineken · 发表于 2002-10-1 12:30

Thank you very much.

Heineken · 发表于 2002-10-1 21:22

I prepared a statement to say in court. The trial was held next month.
Please give me your comments and thank you very much for your help.

=================================================
On September 11, 2002, I had a job interview in Ottawa. When I came back in the afternoon on highway 417 to Montreal, I had this accident. I think I am a cautious driver and I have been driving for 10 years without an accident of this kind.

On that day, which is September 11, it rained all the morning and there was strong wind on the highway. Suddenly my glasses fell and I tried to correct them in order to see the highway clearly. In the meanwhile, my car turned right and the right wheels of my car went out the paved highway. I noticed that immediately and in a big hurry I turned the wheels left to correct the car. But suddenly I lost control of my car and something knocked on my head. I lost conscience temporarily until the car stopped before a jungle of big trees on the left side of the highway.

I went out of my car from passenger’s door. I was totally shocked. I had light headache and I couldn’t speak a single word. I remember that someone asked me whether I was OK and I couldn’t answer them. What I was thinking all that time was how I could get there.

That is what happened to me with the accident.

Someone on the highway saw the accident and called the police officer.

Heineken · 发表于 2002-10-1 21:33

In addition, how to call judge in court?

beaman · 发表于 2002-10-1 22:04

I saw in morives, they call judge: Your Honor

Folks · 发表于 2002-10-1 22:15

Please check your email - I have answered you.

Your story is missing one of the key elements: speed. I have not seen the police charge on your court document but I believe that SPEED is a very important issue that will be challenged by the police. You need to do some homework on the speed: what speed were you driving under high wind? You are not supposed to go over 100km under high wind - how fast you could drive will based on the weather condition. If you tell the court that you were driving under 70 or 80km, then you will need to draw expert opinion if your car will flip into the bush -- how far was the crash site to the nearest highway (where your car went off); ....the description of the event must be round -- this is no easy task.

Folks · 发表于 2002-10-1 22:24

You should mention that one of the handles on the eyeglasses broke on the joint - as a result, the eyeglasses fell. (if you have a repairing bill for the eyeglasses - that will really help!)

Also mention that you are an experienced driver -- careless driving is only applicable to expereinced drivers because it is meant that the driver intentionally did not pay attention.
In your case, you will have to convince the judge (say My Lady to a female judge and My Honour to a male judge - stop laughing now. This is true) that it happened becuase of your lack of driving experiences (such as no highway training while you attended a driving school in Montreal).

Write every single reason you could think of on a piece of paper. You are allowed to read your notes at the courthouse. So don't panic - just remember all the friends from the Sinoquebec are behind you , man!!! Don't let us down.

Folks · 发表于 2002-10-1 22:30

Sorry I made a typo - you should tell the court that you are an inexperienced (not experienced) driver

Heineken · 发表于 2002-10-2 13:46

I am going to delete the wind condition in the statement. I had told the police officer that I drived at 100km/hour.

My glasses fell because of the humidity in my car.

I am going to add that I do not have much experience in highway driving. Because I had a job interview, I had to go.