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Thread: Help With HTA
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Old 8-17-08, 3:55   #3 (permalink)
John_Shea
  Total: 275 Power: 5
 
Join Date: Feb 2004
Location: London, Ontario, Canada
Age: 26
iTrader: (1)
Careless Driving as stated in the Highway Traffic Act (HTA)

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

That gives you an idea. Excessive Speeding falls under "due care and attention or without reasonable consideration for other persons using the highway"
You can get off tho. In court the officer must have proof for a careless charge as its an opinion based charge and quasi-criminal. Courts in the past have required that the concept of "mens rea" be present. Translated, it means a guilty mind which indicates someone intended to drive carelessly.

The reason why you got careless is because the cop knows you will fight it, When it gets to court you will state your side. Once you say your story "blah blah i was only doing 15 over blah" you just admitted to breaking the law, admitting guilt and you will get charge out of the deal. It just a cop way to insure a conviction.

Pretty Sneaky eh .
On the [shizzle]ty side tho If the officer can prove it.. your [fizzle]ed

So your options are. Take the careless and get raped for the rest of your life, pay a huge fine, loose your license, do not pass go and collect your $200.
Or Fight it and take the less charge (the smart move). No matter what way you choose your going to walk away with something

Edit - Send me the money you were going to hire the traffic specialist with

Last edited by John_Shea : 8-17-08 at 4:21.

"Racing Honda's is much like the Special Olympics, Even if you win, you’re still retarded"
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