Q&A - Driving Without Reasonable Consideration Ticket
I got a call from the RCMP the other day because someone accused me of driving bad. They phoned me 15 days AFTER the alleged incident and issued me a violation ticket for Driving w/o Consideration 144 (1)(b).
I was going slowly through a roundabout, and someone came flying right up to me at a high rate of speed (they have the yield sign). It looked as though they weren't going to stop, and came past the sign a little bit, where I panicked and applied the brakes. They ended up at my right rear tire/door. I thought they were going to hit me because of their speed and weren't slowing down. There is also a pedestrian crosswalk 10 ft before that persons yield sign. From living in the area, I see people flying through those things all the time, people trying to "time it" - where they don't have to really stop but slow enough to time it with the person in the roundabout. (in other words, not stopping and waiting for the traffic to clear but riding right up to you, then behind you)
1) Can the officer bring in my past driving record? I have a suspension from over 14 years ago for bad driving/unpaid tickets - but only 1 speeding ticket from about 4 years ago. I read that I can refuse to allow it - can somebody elaborate?
2) Should I take the witness stand, even though I don't have to - but wouldn't the judge just accept the witness' testamony?
3) I have one relevant case law I found:
Judge Robinson says, “Considered, in the context of the words, ‘without reasonable consideration’, there must be an onus on every vehicle owner to adhere to a reasonable standard for his own safety, the safety of his own vehicle and the safety of others using the highway”.
So, my interpretation of this is that I am responsible for my safety, and my vehicles safety - and if I felt I was going to be hit in the roundabout - that I have a right to slam on my brakes and brace for impact. Is that not correct?
4) I also asked the officer on the phone for a copy of the statement/complaint against me and they refused - saying it was a privacy issue. I told them I am not interested in the persons name or address, only what Im being accused of. I also asked down at the station where I went to get the ticket, if our phone conversation and the one at the station can be used against me - she said no.
Anyway - I plan to fight it but any thought on the matter? 6 demerit points is pretty serious esp. when its based on someones hearsay.