best ticket contesting service?

[godmode]

I was in an accident last Thursday, where I was at fault. What happened was the lady in front of me stopped short, i hit my brakes and skid on ice(-24 deg that morning) and bumped into her. I was issued a ticket for careless driving. Im still a G2 license holder. Can you guys recommend any services to beat the ticket? I got a quote from XCopper for $525 and my ticket is $325, so I was wondering if there were any cheaper services? Is contesting the same as "Guilty with explanation" or the "Trial" option?

[Whitedart]

I was in an accident last Thursday, where I was at fault. What happened was the lady in front of me stopped short, i hit my brakes and skid on ice(-24 deg that morning) and bumped into her. I was issued a ticket for careless driving. Im still a G2 license holder. Can you guys recommend any services to beat the ticket? I got a quote from XCopper for $525 and my ticket is $325, so I was wondering if there were any cheaper services?

Many of these services will plead the charge down to "following too close" with less demerit points, and smaller fine, which you can do yourself and save the $525.00.

But this topic has been discussed a gazillion times here.

Is contesting the same as "Guilty with explanation" or the "Trial" option?

Guilty with Explanation you can do, but speak with the prosecutor about the lessor charge, following too close. Fine is probably about $110 instead of $325.

Going to trial can be awkward if you have no court experience.

Plead not guilty, and you can speak with the prosecutor and take the lower charge later if you decide to do so.

[Shaner]

Before you hire anyone, go to your first court date and meet with the prosecutor. Explain what happened and offer to plead guilty to a lesser offence, like following too closely. Careless driving is a serious offence in the eyes of insurance companies, whereas following too closely is a minor offence.

Assuming the cop shows up to court, it's likely you'll be convicted of something considering you rear ended another car. So if i were you I would definitely plead guilty to a lesser offence just to make sure you don't end up being convicted of careless driving.

If the prosecutor refuses to let you do that, then perhaps it's time to hire someone.

[peter__p]

I was in an accident last Thursday, where I was at fault. What happened was the lady in front of me stopped short, i hit my brakes and skid on ice(-24 deg that morning) and bumped into her. I was issued a ticket for careless driving. Im still a G2 license holder. Can you guys recommend any services to beat the ticket? I got a quote from XCopper for $525 and my ticket is $325, so I was wondering if there were any cheaper services? Is contesting the same as "Guilty with explanation" or the "Trial" option?

Search for a thread in this forum, one of the poster experienced similar situation, and he said, on the trial date, you show up in court, the cop show up in court and the lady you rearended doesnot showup, case is dissmissed.
I think it's a very good chance that the lady won't show since you admitted your fault and she got her car fixed without deductible.
In normal traffic ticket fight case, i would request disclosure, but in this scenerio disclosure may tip off the cop to instruct the lady to be in court, therefore i say just show up at trial and check if either the lady or cop is not there, don't take any bargain from the crown, just sit back and wait till you are called, they will dimiss the case.
In the case the lady and the cop both show up, find a good reason to adjourn the case, and again the chance for one of them not present at the next trial is very good.

[godmode]

Can i ask the lady i hit not to show up? I mean does she lose anything by not showing up?

[peter__p]

Can i ask the lady i hit not to show up? I mean does she lose anything by not showing up?

you can ask if she would be busy on that day and if she plans to be in court. (you may not want to tip her off about the trial if she already does not know)But i think do anything to trick a witness not to show up is against the law, just my common sense, check with the expert on this.
She does not lose anything after your accident fault admission (as far as insurance is concerned her car got fixed and her deductible is waived) unlesss she wants to punish you

[peter__p]

I just read another forum, one guy said the witness is automatically supeona in a collision case, so you have to assume that the lady is notified to be in court, but again she may decide not to show as she has to work that day.
In that case, you may want to request for disclosure and prepare to go to plan B in case both of them are in court.
Here another thread to check out.
http://www.ontariohighwaytrafficact.com/topic579.html (see Bookm post)

[Friday5PM]

I was in an accident last Thursday, where I was at fault. What happened was the lady in front of me stopped short, i hit my brakes and skid on ice(-24 deg that morning) and bumped into her. I was issued a ticket for careless driving. Im still a G2 license holder. Can you guys recommend any services to beat the ticket? I got a quote from XCopper for $525 and my ticket is $325, so I was wondering if there were any cheaper services? Is contesting the same as "Guilty with explanation" or the "Trial" option?

No way, I wouldn't plead guilty...fight the careless charge...go to library get a book on traffic law and you'll see that this is not careless. I think you're lucky he charges you with careless instead of following too closely, which is the correct charge. Tell the judge there is also ice on the road...request disclosure and tell us what it says...

[peter__p]

I am curious as how to prove the careless driving charge. The cop saw nothing as he arrived after the accident, and the victim in front of the OP only woke up when she heard the bang on her back. Both witnesses didnot see any careless driving. I think the cop just wanted to show his superior that he was productive on that day, other word meet his quota. Any comment?

[godmode]

actually the cop was a hot lady cop :D

[peter__p]

You dont need to hire a paralegal at this early stage when you can do everything yourself: fill out the form to contest the charge, wait for 1st court day in the mail (likely 6 months from now), once you get your court day request for disclosure. after getting all disclosures you can look at all evidences in front of you and decide whether to do it yourself or hire a paralegal. So it's months away, relax do some readings and enjoy your life

[ticketcombat]

Careless driving is one of the most severe charges under the HTA and also one of the hardest to prove. The mere fact you were in an accident shouldn't trigger the charge. It should be a marked departure from due care and attention.

Police are infamous for over using this charge. They come across the accident scene, somebody caused the accident, they should be charged with something. Unless the cop is an accident reconstruction expert, there will be little evidence to warrant the charge. That's why the Crown will be so "generous" by allowing you to plead guilty to a lesser charge like following to close. They know how difficult it is to convict you of careless.

Cuthbertson J did an excellent job describing the essential elements of the charge in R. v. Morgan, 2008 ONCJ 336 (http://www.canlii.org/en/on/oncj/doc/2008/2008oncj336/2008oncj336.html).

And as always, the best defence is a solid disclosure request (my site has one you can use). If that does not provide the essential elements to meet the charge, argue improper disclosure (as opposed to going to trial and arguing non-suit or pleading to a lower charge).

************************************************** *****
Step by step:

1a. request disclosure (evidence, witness info, witness will say statements, criminal records, etc.) AND

1b. ask for an explanation and clarification of the charge: why was I charged, what evidence do you have that I have committed an offence?

2. When you get the accident report (typed please), it will not give a good indication of why your were charged.

3. Re-request disclosure noting the essential elements of the charge and the reason why you were charged are missing.

4. File an application for a stay under s. 24(1) based on the fact that you were not provided with the evidence against you (a section 7 Charter violation) and you don't know what you did wrong (a section 11a Charter violation).

5. If it comes to trial, after the Crown has rested, you make a motion of non-suit based on the fact the Crown has not proven the charge.

Finally if you don't win #4 or #5 above, then...

6. Get up on the stand, note that this is a strict liability charge and say basically what is described in paragraph [14] of the case I cited above:

Where the defendant can show, in circumstances that might be reasonably be true, that the defendant was faced with an unexpected, unforeseeable sudden circumstance, and that he reacted as best any reasonable, prudent driver could, this should raise a reasonable doubt.

[godmode]

I'm going with POINTTS to handle it.
Also a friend of mine was telling me that instead of getting my repaired car back i should tell the ins. company to give me the cash instead and lease a new car. Has anyone done this?

[peter__p]

A friend told me that giving you cash or repair your car is the insurance's call (not yours) however you can negotiate with them how much cash