Options When Fighting a Careless Driving Ticket
Option 1: Pleading Guilty
Paying a careless driving ticket is pleading guilty to the charge. Doing so means you will be given the full consequences and penalties. Similarly, choosing to admit guilt for a careless driving charge by offering an explanation to a Justice of the Peace is also generally not the best option. The Justice’s reach is limited to reducing the associated financial penalty; they cannot change the amount of demerit points, nor can they reduce the charge to a lesser offence..
Demerit points remain on your driving record for two years and the conviction will be visible for three years, leading to higher insurance rates and a possible license suspension.
Option 2: Negotiation With Prosecutor
Meeting directly with a prosecutor to negotiate resolutions without a trial may also present its own risks. Any plea deal or agreement might still influence your insurance rates and bring demerit points.
It’s important to understand that court staff should not offer legal advice. It is not only outside their purview but also serves the court’s interest, not the accused. This could mean potential errors or defences may not be disclosed to you, undercutting the chance for full dismissal.
Legal representation is designed to protect your rights and spot these discrepancies.
Option 3: Trial
Asserting your innocence and setting a trial date in court is often the most beneficial option. By doing so, the burden is on the prosecution to prove beyond responsible doubt the careless driving charge. This will also delay any potential impacts on your driving record or insurance.
If the reporting officer or crucial witnesses are absent, the likelihood of a dismissal increases significantly. This option also carries great risk if you do not have experience conducting a trial. At the conclusion of a trial, you will either be found guilty or not guilty. There is no opportunity to get a reduction of the charge if you lose the trial, and the penalties may increase upon conviction.
Free Consultation For Fighting Your Careless Driving Ticket
OTD Legal can provide experienced legal advice and representation, an essential step in properly preparing to successfully fight a careless driving ticket. We offer a free consultation to help you understand the charges you are facing and the specific circumstances and potential consequences you might be facing.
