Toronto police say that they will not be charging anyone this time, as the charges against a man for careless driving in Toronto were dismissed. The man was charged after he rear-ended another car while travelling in Toronto on a rainy night. The other driver, a woman who was crossing a street, was seriously injured when the car he rear-ended came to a screeching halt, almost causing her to fall to the ground.
Toronto Police investigated the accident and interviewed both men, and found out that neither of them had been drinking. One of the gentlemen was also found to be well trained on his driving, and had previously never been arrested or convicted of careless driving in the past. The investigating officer charged him with careless driving, despite the lack of any alcohol or drugs in his system. His trial was delayed after the Crown failed to show that there was sufficient evidence to proceed with the charges.
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The Ontario Court of Appeal ruled that the charges against the man were unfounded, and that the police had used improper methods in arresting the motorist. The court accepted that the police did act reasonably when they arrested the man, but said that their action deprived the man of "reasonable chance of survival" due to the effect of the alcohol in his blood. This meant that the charge must be thrown out, the man's conviction for careless driving restored, and the charges against him for dangerous driving for life threatening reasons dismissed. The court found that the drunk driving law in Canada is based on "excessive use of a motor vehicle," and that the current law is so broad it includes conduct that does not normally lend itself to a finding of negligence in the driving of a motor vehicle. The court also agreed with the defence argument that the evidence presented to justify the arrest was based on an improper search of the suspect by the arresting officer, and that the evidence did not support the implied lawfulfulness aspect of the charge.
The lawyer was retained because he argued that the traffic stop was not reasonable. He maintained that the officer did not have reasonable suspicion to arrest the client for drunk driving, and that there was no proof that the suspect was driving recklessly or at least as above the legal limit at the time of the accident. The lawyer argued that the officer should have been able to detect the client's intoxication by looking at the breathalyzer results, but that he did not do that, and that this meant that the breathalyzer evidence was legally inadmissible, because it could not be proven that the defendant had alcohol in his blood at the time of the incident. The accident lawyer also maintained that the charge was incorrect, because the Crown failed to prove that the accused driver was driving at an unsafe or unreasonable speed, and that this element of the charge is not relevant where the speeding is only incidental to the result of the accident. The judge in the Ontario Court of Appeal found that the accused person was not guilty of careless driving, but concluded that the trial judge erred in not allowing the jury to find the jury beyond a reasonable doubt that the accused person was guilty of reckless driving.
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Although the lawyer did not succeed in getting the case thrown out, he did manage to reduce the sentence by ordering the judge to direct the Crown to include the words "careless" and "reckless" in its charge against the driver. The judge, however, did not follow this suggestion, saying that the word "careless" in the section does not indicate that the driver is necessarily unaware of the traffic rules. The lawyer lost the case, but the case nevertheless highlighted what many lawyers call the perils of traffic school for speeding. Speeding laws are frequently changed or amended, and it can sometimes be hard for a lawyer to keep up with them. The lawyer may have inadvertently caused a new traffic law violation for his client, which he would then have to deal with.
Some lawyers believe that traffic school is a bad idea for teenagers, but others recommend it. Parents have different views about whether their teenager should attend traffic school, but they agree that it could help them avoid costly tickets and other consequences that come with reckless driving. If you are unsure whether your son or daughter needs traffic school, contact the court clerk's office for your area. You may find out if your son or daughter will need traffic school by asking the clerk, who is able to answer basic questions about whether your child will need traffic school.
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