Q&A - Driving Without Reasonable Consideration for Others

Q&A ImageQuestion: I received a ticket for driving without reasonable consideration for others and I am wondering if there is any way I can dispute it? I have a pretty clean driving record except for 1 speeding ticket.

I was driving along Number 6 Road in Richmond with a girlfriend and reached into my bag for smokes. An oncoming car came so I swerved a bit to the right and hit a hydro pole because it was so close to the shoulder. I ended up into a ditch. I wasn't speeding, it was a single car collision and nobody got hurt. Needless to say the car was a total loss.

the result of driving without reasonable consideration for others

Driving Without Reasonable Consideration for Others

The more important questions is, can you win your dispute?

Careless driving prohibited

144 (1) A person must not drive a motor vehicle on a highway

(a) without due care and attention,

(b) without reasonable consideration for other persons using the highway, or

(c) at a speed that is excessive relative to the road, traffic, visibility or weather conditions.

(2) A person who contravenes subsection (1) (a) or (b) is liable on conviction to a fine of not less than $100 and, subject to this minimum fine, section 4 of the Offence Act applies.

Case Law on the Subject

Now take a moment to read some case law on the subject in R v Irwin and R v Dahlquist where you can see how the courts deal with the subject. When you finish that, I can also offer How to Deal With a Traffic Ticket.

Alternative Resolution Suggestion

You may wish to offer to plead guilty to a charge of failing to keep right instead. The officer may accept that, however it would be wise to get legal counsel whenever a collision is involved as pleading guilty or paying a ticket could have civil consequences later on.

I suggest considering the Lawyer Referral offered by the Canadian Bar Association.

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