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Careless Driving - How to Fight a Careless Driving Ticket
Careless driving is a serious traffic ticket that can affect your ability to drive and dramatically affect your insurance rates, it's important to fight this ticket.
As with any traffic ticket the Police and Prosecutor have to prove a Careless Driving charge before a conviction can be entered. Meaning the Justice of the Peace must certain the motorist committed the traffic offence before they can find you guilty.
The police are required to prove all the essential elements of careless driving described in section 130 of the Ontario Highway Traffic Act. If the prosecution is not able to prove the charge the Justice of the Peace should dismiss the charge.
At the trial the police officer has a government appointed Provincial Prosecutor to assist them as legal counsel. Some Provincial Prosecutors are actually lawyers.The prosecutors job is to prosecute and convict the driver of the careless driving charge, the prosecutor is not at the court to help you.
It is equally important that the defendant to be likewise well represented or they risk being convicted.
Call OTT Legal at 1-888-668-8946 to discuss your case or visit one of our nine Ontario offices to ensure you are properly represented at court.
A careless driving charge should not be represented in traffic court by persons without experience and legal training, if you represent yourself and are found guilty the penalties are serious.
Drivers should use caution before considering to represent themselves for a careless driving charge, Call OTT Legal for legal advice
Many times it may not be in your best interests to appear in person at traffic court, especially for cases involving accidents. First of all you many not have the legal expertise to properly defend yourself. Also, by appearing in court, you provide what is known as "identity evidence" for the charge by telling the court who you are. The prosecution has to prove the who, what, when and where to convict you of any traffic ticket.
If you appear in court on your own for a Careless Driving charge you risk being convicted of the charge and face the serious consequences of a conviction.
By personally appearing in court, the defendant, (person who is charged with the traffic ticket) provides the "who" also known as the identity evidence. By appearing in traffic court the defendant can actually help to convict himself.
Get the legal advice to fight your ticket, call OTT Legal Services, or visit one of our nine Ontario offices.
Why Risk Losing? Call For a Free Consultation 1-888-668-8946 or Email Your Request