Some recommendations please

xix

Time Zone Traveller
Jul 27, 2002
4,167
1,402
113
La la land
Someone I know has a rough day and asked what he can do. I told him to him write a letter and let me kow what you think. He will read the post his just a lurker.
===

Okay. This is his story.

I was involved in a traffic accident yesterday. I was at fault and I'm not going to argue that. What happened was it was raining and the roads were very slippery. I misjudged my stopping distance and hit a van in front of me. That van then hit the car in front of it. So there were a total of 3 vehicles involved. There is a fair amount of damage to my car. The van I hit had a small dent in the rear bumper, there was no damage to the front of the van, at least visibly anyways. The car in the very front that the van hit had absolutely no visible damage to it at all and I doubt there's any structural damage. But because his car was tapped, he was technically involved in the accident and had to exchange info. I don't blame him.

I made the mistake of locking my brakes and my car just slid about 15-20 ft. and hit the car in front of me. I wasn't speeding, I just didn't stop in time. I was probably going about 35-40 km/h when I slammed on the brakes. There were no injuries with anybody involved, thank god. I called the police and had to wait about 2 hours before an officer showed up. Apparently our accident wasn't a priority call. I felt kinda bad but I made the other 2 drivers wait until an officer showed up. I did that so that nobody would have driven off and then exagerated any injuries the next day and try to claim some easy money from my insurance.

So 2 hours later, an officer shows up. The officer asks if anybody is injured and everybody says they are okay. So he asks everybody their version of the events leading up to the accident and then slaps me with a $325 fine and 6 points for "careless driving". But when he hands it to me, he tells me that I can go to court and plead guilty to a lesser charge so that my fine and points won't be as high. He was really hinting at it but didn't want to say too much. I had the impression that I could probably be successful in pleading guilty to a lesser charge such as "following to closely".

Now I know that the accident was my fault and I'm not arguing it. I just think the fine for "careless driving" was a little harsh. I've had a clean driving record up to this point. I haven't even had a single speeding ticket ever before. This is my very first traffic offence and I was thinking of going to Points or one of those other traffic ticket specialists for some help. Do you think I should go to them for assistance in trying to get off with a lesser charge and pay whatever their fee is or could I just show up in court and plead my case and ask for a lesser fine? What would be the chances of me being successful in getting charged with a less serious offence?

BTW, apparently the reason the officer showed up 2 hours later was because he was busy with other accidents around the city and he was in a rush to leave my accident to get to another one. He said my accident was the 8th call he got so far that day. So I guess I wasn't the only one that had problems with the road conditions.


Well?
 

zoickss

New member
Apr 20, 2002
504
0
0
Its a common charge for a rear end accident - but he should be able to get it knocked down to a lesser charge - tell him to fight it in court and consult a lawyer or a place like points that will represent him - that will cost him money but be worthwhile in the longrun in insurance savings and the demerit points.
 

naive_kitten

purrrrrrrrrrrrrrrrrrrrr!
Oct 23, 2003
23
0
0
it's a very sad story and i feel for you because i can totally relate to how you feel. two years ago i got into an accident and it was my fault too ( it was dark and i was making a left turn on a very badly lit small rode in woodbridge and i didn't see the car coming , so I drove right into it) nobody was hurt, my car was totalled, the other person's car was just slightly damaged. i had a G1 license , so i wasn't suppossed to be driving in the dark. you know what i got charged with? public mischief! i think that it was way too harsh , my whole summer was ruined because i just felt so stressed out . at the end it all worked out, i got a good lawyer and it was all good...the most important thing that i learned though is that it is not worth stressing yourself out over it - i look back at it now and i wish i didn't kill that many brain cells worrying about it. good luck and take care
 

CyberGoth

Veteran of the angel wars
Apr 18, 2002
1,263
0
0
a defendent who is his own lawyer, has a fool for a client.

get a specialist and do what they tell you.
 

The Fruity Hare

Well-known member
Dec 4, 2002
5,110
33
48
I could be wrong but don't points and X-coppers guarantee a win? I believe they only take cases they know they can win. If they say you will get off with no points, or minimal points, it's worth the few hundred$$ just to keep future insurance costs down.
 

Gentle Ben

Senior Member
Jan 5, 2002
7,218
0
36
Get points or some other profesional, Some guarantee a win or a reduction in the fine or they dont charge, others (like Points) tend to only take cases they feel they can win, this way they can boast 95% (or whatever percentage it is) of cases they win, but dont actually have any guarantees per say.
I used Points 2 times within a very short period about 10 yrs ago.The first time I didnt have to say anything in court, the case was dropped, the second time I didnt appear, the case was dropped due to a technicality.(both times I was at fault, merely looking for a reduced charge)
It is money well spent to have a profesional represent you, heck, a savings of 3 or 4 hundred dollars on court day may end up costing you thousands on insurance premiums down the road.
 

Blakjak

Sr Member
May 9, 2003
484
0
0
Kingston.
POINTS

I went to court with POINTS on my side. I was caught going through a red light. Everyone in court that day had been delayed their trial over 14 months. Everyone used it as a way out and noone did. My case was left til last. Somehow the POINTS rep filled out the paperwork properly and I got off with the same reason.
 

xix

Time Zone Traveller
Jul 27, 2002
4,167
1,402
113
La la land
Okay some more questions for the wise here

I have a followup question about my fine.

Okay. I was wondering which option should I
choose? There are three
options you can choose from when dealing with the
fine.
Unfortunately I've never been in this situation
before and I have little to
no knowledge of these fines or any of the court
procedings at all. I've
been told by another friend to choose option 2
and plead guilty with an
explanation. He said because of the road
conditions that day and the fact
that I have had a perfectly clean driving record
up to this point, there is
a very good chance that the judge would be very
lenient and give me a much
less severe fine. But I'd like to hear other
opinions too.

Oh, and if I show up, it would probably make
sense that I wear a suit and
tie, right? I figured that's just common sense
because I doubt showing up
to court in jeans and a t-shirt would really help
my case.

Thanks.
 

xix

Time Zone Traveller
Jul 27, 2002
4,167
1,402
113
La la land
and he has more questions

And more... heck no. From now he will have to join

Okay, I just went to Traffic Stop
(www.trafficstop.ca) and spoke to a
retired OPP traffic officer in person today. He
said that he's confident
that he can get the charges dropped. Their
policy is they will get "your
charge dismissed or reduced significantly" or
they won't charge you. The
only thing that somewhat bothers me is he wants
to charge me $650 to
represent me. That's twice the cost of my fine.
I know that I have had a
clean driving record up to this point and that
this is my first traffic
violation. I'm considering just going to court
and pleading guilty with an
explanation. I'm confident that I could get the
charges reduced
significantly on my own. I also noticed what I
think is a discrepancy on my
ticket and from what I've heard, I can get the
charges dropped completely if
the ticket is not filled in properly by the
officer. There's a section
where my vehicle information is written down
(make, model, etc.). Under
year, it says 2003 which is the current year.
I'm not sure but I believe
that it should have the year of my vehicle in
that space. It's the box to
the right of "Plate Number". Does anybody have
any knowledge with any of
this at all? Any information would be very
helpful and much appreciated.
Thanks.

I'd also like to thank you all for the replies so
far. It's nice to hear
everybody's opinion and similar stories. I don't
feel as bad as I did a
couple of days ago. We are all human after all
and we all make mistakes. I
just wish my mistake wasn't so big.


===

I will use the right side of the Force to make him join.
 

4leafclover

New member
Jul 24, 2003
76
0
0
in space
You have gotten some bad advice here! Do not!!! get an attorney. When you go to court, there will be a duty attorney there. Talk to them, and show them what has happened. They will get it reduced for you with no money. If you hire an attorney, the same conviction will happen, only you are several hundred $ poorer.
 
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