Has anyone from Ontario had any luck getting a careless driving charge reduced to following too close and how?

Question

My daughter got charged with careless but the cop told her she could probably get it reduced to following too close. I know she has to see a prosecutor before court but anyone know what else we need to do? Thanks!

Answer 1

I can probably answer this because I was an Ontario police officer for 28 years. What likely happened is that she was not following, but *gaining* on the other car and ran into the back of him when he slowed quickly or stopped. There is no Ontario traffic law that says anything about running into the back of a car that you were gaining on, only running into it because you were following it too closely, usually over some distance. The *only* Ontario traffic law that can possibly apply in this scenario is 'careless driving'. In an accident investigation police supervisors usually expect someone to be charged if they are found at fault in an accident. The officer really had to lay a charge. In a case such as this a crown attorney will often drop this charge down to 'follow-too-close' if requested, to save the cost of a trial. It will also save your daughter several demerit points and considerable money. You don't need to hire a lawyer. Just have her go to court on the date of first appearance written on the ticket. Go about an hour early and ask at the court office to speak to the prosecuter or 'duty counsel' (free lawyer), the Canadian term for a public defender. Tell him/her that she would like to plead guilty to following-too-close instead of proceeding to trial for careless driving. If this is her first offence and no-one was hurt in the accident (or very minor injury), it is to her benefit. She tells him that she is a high-school student with no regular income and is very sorry for what happened, is a good student, etc. (I assume that's all true). That will probably work. As far as the officer goes he did her a big favour by saying what he did. He obviously didn't want to charge her, but really had no choice. A number of times I actually charged the person with the simple follow-too-close because I wanted to give them the smallest charge I could, even though it was not the proper charge. I stopped doing it when one person I did the favour for pleaded not guilty. She got off because my evidence could prove careless driving, but not following-too-close. That was the last time I ever did anyone that particular favour. From then on I left it up to the prosecutor or the judge to do so. Good luck!

Answer 2

Careless Driving Ticket Ontario

Answer 3

Knowing your location would help a bit more with this question. In Pennsylvania, careless driving is a summary offense that carries with it 3 points on your driving record. Reckless driving carries more points plus a possible license suspension. Yes, the officer did cut you some slack, but I suspect you didn't just "turn" in the dirt to warrant a traffic stop. Your best bet is to tell your parents so that they know you are an honest person and willing to deal with your punishment. If you hide it, you know they will eventually find out and trust may become an issue. I wouldn't hire an attorney for this charge because it is highly unlikely that he can do any more for you than you can do yourself. The only thing an attorney is going to do is cost you $500 more that your ticket. Good luck.

Answer 4

Hire a private defense attorney. That's the easiest way to get the charges reduced. However, you MUST keep in mind that the cop CANNOT give legal advice. The cop knows nothing about the court system and how the actual charges work.

Answer 5

Just be honest, follow the rules and learn from your mistakes.