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Careless Driving Ticket! Hwy Act 130

Old 28-Mar-2004, 03:42 AM
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Careless Driving Ticket! Hwy Act 130

This is what happen to me today. Me and my friend were driving down steeles. I was driving normally and by normal i mean i was driving below the maximum speed never changed a lane at all and i see a cruiser behind me. My friends were driving at a reasonable rate but i was far behind from them.. he then passes me and tries to run after my friends .. they hit a redlight he comes out of hes cruiser and tells 3 of my friends to pull to the side of the road.. I then reach the stop light ( RED LIGHT ) he sees me and tells me to also pullover to the side he then callled hes buddies and asked if he wants a piece of improper muffler tickets hes buddy then saids no.. and asked if he was alright taking care of this he then saids yes and he buddy leaves.

He then asked for our license and registration(Regular Routine), Officer entered hes cruiser writes up 4 tickets. Officer gave each of us a CARELESS DRIVING TICKET HIGHWAY TRAFFIC ACT 130. I then tell myself What The F*A*W*K what did i do to deserve this. I asked the officer how did ideserve this ticket(I thought I was only getting improper muffler tickets but turns out a worst ticket was written). He(Officer) replies that me and my friends were driving like maniacs, and that me and my friends were going in and out of the lane and driving carelessly

But the thing is i wasnt speeding and or changed a lane since the time he was tailing me. And the thing is I was FAR away from my friends since i was just cruising and didnt want to get any ticket AT all. And he needed to speed up to catch up to my friends. Officer told my friends that they were going about 150. thats what my friend told me but he never told me that since he needed to pass me to catch up and pace my friends speed. Now my question is what should i do. i know that i dont deserve this ticket but arguing with the officer ( in a respectful way ) didnt do anything and he refused to answer most of my questions i needed to repeat my self for him to answer my questions.

After all This happened I asked him a question and saids that i wouldnt be able to change hes mind. Officer then gave me an advice to bring it to court cus he wouldnt argue with me right there and then.

That was my fun day..... :fustrated :cry:
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Old 28-Mar-2004, 03:47 AM
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Please Give Me Some Advice.. Also Found Out That This Ticket Is Worth 6 (SIX) Demerit Points Off.. I Didnt Deserve This Ticket Period Buts Its Basically MY WORDS Against The Officers Word.. He Was An ***
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Old 28-Mar-2004, 10:04 AM
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A little advice anyone?? Also careless driving means that i was over speeding and changing lanes carelessly am i right? someone correct me if im wrong been trying to read up and havent found that sections yet.
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Old 28-Mar-2004, 10:23 AM
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sorry to hear that man... sounds really bad.... best thing i could think of is go to court and hope he doesn't show up... and if he does just argue like crazy and see what happens... sorry thats not a very good answer but its all i could think of
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Old 28-Mar-2004, 10:24 AM
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shoot the cop?
not much advice to give
go see a lawyer...you've got your friend and yourself as witnesses for eachother
see if you can find any other witnesses, you're gonna need statements to pull you out of this one
i hate that these cops can give you a ticket for whatever the hell they want with no proof at all...
good luck
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Old 28-Mar-2004, 10:31 AM
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I wish i had other witness. I really dont know what to do and this is such a bad ticket. i could go to like xcopper or something like that but that will cost me money. ill prolly ask them for an advice Cynikal told me that its free.
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Old 28-Mar-2004, 12:21 PM
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Re: Careless Driving Ticket! Hwy Act 130

Originally posted by DaRizzla But the thing is i wasnt speeding and or changed a lane since the time he was tailing me. And the thing is I was FAR away from my friends since i was just cruising and didnt want to get any ticket AT all. ( [/B]

And what were you all doing before you noticed he was tailing you?
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Old 28-Mar-2004, 01:14 PM
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just cruisin down the road going below the speed limit. and never changed a lane since i got on that road..
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Old 28-Mar-2004, 01:23 PM
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Yup A Paralegal get some free advice...if u don't like what they say......some real lawyers also offer free advice in hopes u'll hire them......but really u won't....LOL

man that sucks though.....was it an OPP officer? probably, but just making sure........Camera evidence......not sure if the general public can get cruiser cam evidence but if it goes far enough ask to see the tapes...if that specific car had a camera.....it'z always worth a shot.
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Old 28-Mar-2004, 01:34 PM
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You had to have done something... because theres no way a cop would out of no-where give you a ticket for that.
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Old 28-Mar-2004, 02:16 PM
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Well if it was U and ur friends and u guys were in separate vehicles! u guys are witnesses to each other. take him to court I wouldn't let 6 points for something i didn't do, slip under me like that.
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Old 28-Mar-2004, 04:11 PM
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Originally posted by DaRizzla
just cruisin down the road going below the speed limit. and never changed a lane since i got on that road..
And before you got on that road?

Also, read up on the definition of careless driving. You don't have to be speeding or frequently changing lanes.

Like the other guy said, to get a ticket like careless driving, you must have done something along the way. Or your buddies did while you were in their driving group and you got caught in the fallout.

If you don't paint the full picture about that night's happenings, including what went on long before the traffic stop, there's not a lot anyone here can help you with except to point you to a lawyer first, and to a bus stop second.
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Old 29-Mar-2004, 12:34 AM
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It wasnt a OPP York Region Police . I think. Do they have camera's on those cruiser? if they do prolly ask to see if they can show me the tape.

I wasnt driving aggresive at all ... I didnt do anything wrong.. I guess you can say i got caught in the fall out. Where abouts can i find this act. Cus the Officer himself said that the reason why we got that ticket "careless driving ticket". is that we were constantly changing lanes and going at a fast speed. But the thing is when he was pacing me i was going below the maximum speed he then see's my friends way ahead of me and goes after them he literally needed to fly by me to catch up to my friends

A friend of mine told me that i couldve got that ticket if someone got in an accident or if an accident occured at that specific time and there got be witnesses.

Im going to go ask for a free advice at xcopper today i hope they give me a good advice.

"Motti" Before i got on that road.. which i made a left onto. i wasnt speeding was also cruising infact i was cruising the whole way. when i got on that road a light after i saw a cop make a left on the road also he then started to follow me and pace me then sees my friends. and goes after them
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Old 29-Mar-2004, 12:35 AM
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Thanks For The Advice Guys.. Where about can i read what CARELESS DRIVING means??? Can someone please point me to the right direction ive been looking and cant find it
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Old 29-Mar-2004, 12:44 AM
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Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.
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Old 29-Mar-2004, 12:45 AM
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Thanks Cynikal Was Going To Post It Too Just Found It Under TMAKS STICKY POST Didnt Notice It Was There
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Old 29-Mar-2004, 12:47 AM
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Originally posted by DaRizzla
Cus the Officer himself said that the reason why we got that ticket "careless driving ticket". is that we were constantly changing lanes and going at a fast speed. But the thing is when he was pacing me i was going below the maximum speed he then see's my friends way ahead of me and goes after them he literally needed to fly by me to catch up to my friends

A friend of mine told me that i couldve got that ticket if someone got in an accident or if an accident occured at that specific time and there got be witnesses.
You don't need to be in an accident to get a careless charge tossed at you. Just playing silly-bugger with other cars is plenty enough. When I get that urge, I go to Formula Kartways.

In any case, you're going to have to convince the judge that you were not driving carelessly. What you think isn't careless isn't what counts - it's what the cops and the judge think.

The demerit point and insurance hit of a careless driving charge is pretty heavy if you're convicted of it. If there is ANY question at all about your driving behaviour on that night, you might want to think about trying to plea bargain for a lesser charge.

Hiighway Traffic act re Carelss Driving... http://www.e-laws.gov.on.ca/DBLaws/S...m#P4160_495240

Careless driving

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.
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Old 29-Mar-2004, 01:07 AM
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damn. .. i could plea bargain for a lesser charge but i never did the crime so why should i pay.. a friend of mine gave me this same advice.. theres gotta be a way for me to convince the crown that i wasnt driving carelessly. damnit this hurts...
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Old 29-Mar-2004, 12:26 PM
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If this charge ends up on your record, say goodbye to insurance .... Thats is a big, big charge, but luckliy, I have only seen one that stuck, the rest were fought and won ...
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Old 29-Mar-2004, 04:35 PM
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Yep its really heavy..
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