#1
On a car forum I posted this because I'm royally screwed right now:
So I recently got a ticket, my first ever(anything, no warnings before this either), for "careless driving". Although I accept responsibility for what happened I think that my 6 demerit points 350$ ticket could be reduced. Here's what happened:
I was in the last hour of a 4 hour drive on a curvy two-lane highway, it was 11:30pm and I'd been up since 7am. I needed to get my vehicle back home, otherwise I wouldn't have been driving. But I had a coffee and 2 energy drinks and thought everything was fine then all of a sudden I fell asleep and woke up in the other lane to oncoming traffic and the oncoming car was a cop. So thankfully the accident was avoided but I was soon after pulled over and issued above mentioned ticket.
I understand the seriousness of what could have happened, but I think that its such a rarity as, especially now, I'll be very very careful in planing around driving long distances at night. And I've never had any previous offenses against me in regards to driving, that perhaps the ticket could be reduced to a less insurance-killing charge.
Anyway I have to either set a court date, or go to a specific building on a specific day at a specific time and plead guilty but give an case and an explanation.
So I was wondering should I plead guilty with explanation or set a court date and explain there that I understand that I was guilty but would appreciate a lesser charge seeing as I am a student and working citizen. And cannot afford to have "careless driving" on my record I also currently only have my G2 but I'm booking for my G as 6 demerit points will stop me from driving.

This happened on a drive home from Toronto on Highway 7, not exactly the GTA but this is the only forum I could find.
What do you guys suggest I do?

Any suggestions are greatly appreciated at this time.

Edit: Not sure if it makes a difference but I was allowed to just drive off. When I was sitting there I wasn't sure if he was going to drive me to a motel and have my vehicle towed or something. So he clearly knew I wasn't a complete tool and reckless driver.

The thread here: http://www.gtcars.ca/online/traffic-tickets-car-insurance-discussion/79791-guilty-whith-explanation-court-date.html

Died and I was left with a question that, I don't even know why I'm asking the pit of all places, maybe someone here could answer thats been in a similar situation.

D-Best mentioned lowering my charge to another less heavy one. Do I have to do that in the court. Or can I do that in the "plead guilty with explanation" and hope they'll have some sort of mercy?

I'm aware driving laws and stuff change largely from place to place but maybe the court system of it might be similar so I could at least have some form of hope.

And for those with much different driving systems:
My current license class has 9 demerit point limit, at 6 you have to go to an interview and tell them why they shouldn't suspend your license and at 9 they suspend it for up to 2 years.

And the charge "careless driving" with 6 demerit points, is a pretty serious charge, 1 away from a criminal offense. And insurance companies will destroy me by raising my premiums up way to high for me to be able to afford, and where I'm from the public transit system just is not a viable choice.
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Quote by shdowfox17
awesome avatar,denn0069!
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The most truth I've heard in the pit.
ever.
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Last edited by denn0069 at Aug 12, 2008,
#2
I don't know much about US legal system, but i have studied law in my country. I think that most of the law principles are universal..so in law it doesn't matter who you are or what is your background - punishment is decided by what you did and what the law says. What you did has to fill corpus delict(i dont know what thats in english) and in your case it's probably that you were driving when you "weren't able"/your driving was irresponssible because you had driven so long... so basically you've done something that is seen as offense and basically "everybody's equal in justice" and it doesn't matter if you are the president or a bum. But there might be ways to reduce your punishment 1. Age 2. somekind of medical condition 3.if the punishment is too harsh when you consider the circumstances and what kind of effect it would have to your everyday life.
Again, US justice system is a lot different than here, like im not sure if youll have somekind of jury who decides or just a judge but anyways the basic principles should be the same. Be very prepared to the court and if the punishment is uneven with the offense(when you look at the circumstances) you should grab to that and you should probably ask for legal advice if you think that you're right... Hope i helped but you shouldnt trust in peoples legal aid from the internet
#3
You can challenge this in court and possibly get it thrown out. My idiot friends get tickets all the time and challenge them and half the time they get tossed. Also, if you go to traffic school they will usually shave points and money off of the offense.
None are more hopelessly enslaved than those who falsely believe they are free.
#4
So you think I should just take it to court, I partially agree, but if nothings changed not only do I still have the ticket but I also have court fees to pay.
I wish legal advice was free.
And I'm in Canada not US but the points still remain I guess.
Its so stupid this is going to cripple me from driving when I know idiots who dive bad intentionally and they get warnings and minor tickets that don't keep them from driving I screw up once and I'm completely ****ed stupid system.
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Quote by shdowfox17
awesome avatar,denn0069!
Quote by Valo
The most truth I've heard in the pit.
ever.
▼▲