Guilty whith explanation or Court Date?
#1
Guilty whith explanation or Court Date?
So I recently got a ticket, my first ever(anything, no warnings before this either), for "careless driving". Although I accept responsibility for what happened I think that my 6 demerit points 350$ ticket could be reduced. Here's what happened:
I was in the last hour of a 4 hour drive on a curvy two-lane highway, it was 11:30pm and I'd been up since 7am. I needed to get my vehicle back home, otherwise I wouldn't have been driving. But I had a coffee and 2 energy drinks and thought everything was fine then all of a sudden I fell asleep and woke up in the other lane to oncoming traffic and the oncoming car was a cop. So thankfully the accident was avoided but I was soon after pulled over and issued above mentioned ticket.
I understand the seriousness of what could have happened, but I think that its such a rarity as, especially now, I'll be very very careful in planing around driving long distances at night. And I've never had any previous offenses against me in regards to driving, that perhaps the ticket could be reduced to a less insurance-killing charge.
Anyway I have to either set a court date, or go to a specific building on a specific day at a specific time and plead guilty but give an case and an explanation.
So I was wondering should I plead guilty with explanation or set a court date and explain there that I understand that I was guilty but would appreciate a lesser charge seeing as I am a student and working citizen. And cannot afford to have "careless driving" on my record I also currently only have my G2 but I'm booking for my G as 6 demerit points will stop me from driving.
This happened on a drive home from Toronto on Highway 7, not exactly the GTA but this is the only forum I could find.
What do you guys suggest I do?
Any suggestions are greatly appreciated at this time.
Edit: Not sure if it makes a difference but I was allowed to just drive off. When I was sitting there I wasn't sure if he was going to drive me to a motel and have my vehicle towed or something. So he clearly knew I wasn't a complete tool and reckless driver.
I was in the last hour of a 4 hour drive on a curvy two-lane highway, it was 11:30pm and I'd been up since 7am. I needed to get my vehicle back home, otherwise I wouldn't have been driving. But I had a coffee and 2 energy drinks and thought everything was fine then all of a sudden I fell asleep and woke up in the other lane to oncoming traffic and the oncoming car was a cop. So thankfully the accident was avoided but I was soon after pulled over and issued above mentioned ticket.
I understand the seriousness of what could have happened, but I think that its such a rarity as, especially now, I'll be very very careful in planing around driving long distances at night. And I've never had any previous offenses against me in regards to driving, that perhaps the ticket could be reduced to a less insurance-killing charge.
Anyway I have to either set a court date, or go to a specific building on a specific day at a specific time and plead guilty but give an case and an explanation.
So I was wondering should I plead guilty with explanation or set a court date and explain there that I understand that I was guilty but would appreciate a lesser charge seeing as I am a student and working citizen. And cannot afford to have "careless driving" on my record I also currently only have my G2 but I'm booking for my G as 6 demerit points will stop me from driving.
This happened on a drive home from Toronto on Highway 7, not exactly the GTA but this is the only forum I could find.
What do you guys suggest I do?
Any suggestions are greatly appreciated at this time.
Edit: Not sure if it makes a difference but I was allowed to just drive off. When I was sitting there I wasn't sure if he was going to drive me to a motel and have my vehicle towed or something. So he clearly knew I wasn't a complete tool and reckless driver.
Last edited by denn0069; 08-11-2008 at 11:45 AM.
#2
Pleading Guilty with and explanation is the same as pleading guilty..
The Careless driving charge will stick on your record .. and yes your insurance maybe dropped or will skyrocket.
The only difference ( pleading guilty with explanation vs just guilty ) is that the explanation that u give to the judge will help to lower the fine associated with the charge.
PLEAD - Not guilty
Hopefully u didnt talk too much when u were pulled over by the officer. If u admitted to the officer that u fell asleep then your pretty much ****ed.
Options
1) get a traffic lawyer
2) or hope that he doesnt show up.
The Careless driving charge will stick on your record .. and yes your insurance maybe dropped or will skyrocket.
The only difference ( pleading guilty with explanation vs just guilty ) is that the explanation that u give to the judge will help to lower the fine associated with the charge.
PLEAD - Not guilty
Hopefully u didnt talk too much when u were pulled over by the officer. If u admitted to the officer that u fell asleep then your pretty much ****ed.
Options
1) get a traffic lawyer
2) or hope that he doesnt show up.
#6
He was OPP I think, couldn't see his car I didn't know it was a cop until he had turned around and turned on the lights.
He didn't write anything down.
But unfortunately because I'm a dunce I told him I did doze off, he asked me if it was the first time that night, I said yes. If that can help anything.
God dammit this systems broken when I have friends that drive recklessly intentionally and can still drive with low insurance premiums and tickets costing them 50$ and 3 demerit points. And I've always been careful as ***** cause I got in an accident when I was younger, not driving but I was in the car, and I learned to respect the damage these things can do.
D-BEST: Would that still be possible even after having told the cop I did doze off? And would I be able to do that in the guilty plea with explanation or would that need a court date.
I've never done this so I know nothing about how it all works.
As for the cop showing I'm almost 100% sure he would for this one.
He didn't write anything down.
But unfortunately because I'm a dunce I told him I did doze off, he asked me if it was the first time that night, I said yes. If that can help anything.
God dammit this systems broken when I have friends that drive recklessly intentionally and can still drive with low insurance premiums and tickets costing them 50$ and 3 demerit points. And I've always been careful as ***** cause I got in an accident when I was younger, not driving but I was in the car, and I learned to respect the damage these things can do.
D-BEST: Would that still be possible even after having told the cop I did doze off? And would I be able to do that in the guilty plea with explanation or would that need a court date.
I've never done this so I know nothing about how it all works.
As for the cop showing I'm almost 100% sure he would for this one.
#8
Just take it to court, i got a careless before went in talked to the crown seeing as this is ur first ever ticket u wont be to bad off tell them so bs story and u will most lilky just get a lesser one, i got unsafe lane change, instead of careless. So try it out, or u can pay the money for a traffic tickets guy and still do the same thing.. just talk to the crown.
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