Q&A - Driving Without Reasonable Consideration for Others

Q&A ImageI was driving along no.6 in Richmond with a girlfriend and reached into my bag for smokes and 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 and 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.

Is there any way I can dispute this? I have a pretty clean driving record except for 1 speeding ticket.


You Can Always Dispute a Traffic Ticket.

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.

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.

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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