[cameron_g]

I am looking for the exact definition of driving without due care,
My friend received this ticket last night as well as a couple others for being stupid and driving his pickup across a field and getting stuck.
I cant find the official definition of the charge but from what I have read on other sited the offence must take place on a highway.
highway defined as any road street lane or right of way intended for usage by the public for the passage of vehicles and every private place to which the public is invited for the parking or service of motor vehicles.
from what I understand the field he was in dose not qualify as a highway?

 

[cameron_g]

definition of the charge I have found

British Columbia

The Motor Vehicle Act introduced in 1996 prohibits, in Section 144, the act of careless driving. In summary, the Section states that a person driving on a highway must exercise due care, attention, have consideration for other persons using the highway and drive at a speed that is not excessive relative to the other traffic on the road, as visibility and weather conditions permit. A driver found guilty of any of the above may be convicted and fined a minimum $100. In the event the motorist is fined, they are subject to Section 4 under the Offence Act — a general penalty which does not permit them to be charged more than $2000 or to be sentenced to more than six months in jail by a court.

 

[cameron_g]

definition of highway as per the motor vehicle act

"highway" includes

(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;

 

[crazyguy]

sounds more like your friend was trespassing more then driving without due care.

 

[500grhollowpoint]

I hate these threads where someone is trying to dodge a ticket for being a dumbass by being a web lawyer and trying to find a technicality. Tell him to man up and pay it.

 

[rezdiver]

Even if he was being a dumb ass there is no reason to pay a ticket that was issued in the wrong context.
and this section of the forum was placed here so questions can be asked?

I hate these threads where someone is trying to dodge a ticket for being a dumbass by being a web lawyer and trying to find a technicality. Tell him to man up and pay it.

 

[skidmark]

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.

Is it possible that the ticket was issued for something that happened before they went into the field?

 

[cameron_g]

The other charges received were for driving over a sidewalk and for not displaying the entire official "N" sign. there was nothing else done beforehand, when the police arrived he had been stuck for at least 20 mins already and was outside the vehicle with all doors locked, So I dont belive they could make any reasonable call as to if his driving showed due care or not as they never witnessed it.

 

[zedjay95]

maybe the police officer could drop the charge and have your friend charged with vandalism and trespassing instead. ie suck it up, pay the fine, and grow up.

 

[cameron_g]

He has no problem paying the fines for his stupidity it just seams excessive for the crime and I believe it carries 6 points which means a suspension of his license

 

[TCZuki]

heh not to sound like a jerk, cause i had an N once and thought i was invincible and got a few tickets, but i have no sympathy for your friend for the ticket or the possibility of losing his license... and what do you mean drove over a sidewalk? that seems close to driving with undue care and attention. personally i think that people with an N should be made examples of. if your going to do stupid things when your a new driver then you deserve the consequences, and all to often people don't see that. they never think "hmmm if i lose my license i could lose my job, or my social life, and how will it inconvenience others around me?" think before you act! Rant off!

 

[steve604]

the best thing to do in this situation is to dispute all of the tickets and take it to court.

if the cop doesn't show then he is off the hook.... yay

if the cop does show then you usually have a chance to talk to the cop before going into the court room. show up, be apologetic and beg for leniency. if you go into a courtroom trying to out smart a cop you will not win. you can end up with worse fines and points walking out of a courtroom than when you walked into it. you might be able to get off of that ticket on a technicallity but end up with a whole new charge that is worse. if the judge feels you are being stupid and unreasonable he can double the fines and points.

say that it was a stupid thing to do and it's going to ruin your life for a while if your license gets suspended.

 

[rezdiver]

man you guys are harsh.

if infact he was not in his vehicle driving then, as soon as he gets the chance to speak make sure the judge is aware that he was not driving the vehice at the time the police showed up.
just for this fact a lot of the charges if not all will usually be thrown out.

Just from my experience:

lawyer: he was driving his vehicle in....
me (politely interrupting): sir, I was not driving or in my vehicle
judge: excuse me
me: i was not driving my vehicle sir, my car was parked in a parking lot
judge: its your lucky day

results: 2 out of 3 charges dropped. one was for not having insurance and this was one of the ones dropped. now this was years and years ago when i was young and dumb.

 

[steve604]

most tickets written for driving without due care are handed out by a cop that shows up after and incident has happened....

fighting it like this will get you no where

 

[HMFI]

most tickets written for driving without due care are handed out by a cop that shows up after and incident has happened....

fighting it like this will get you no where

I thought you where an electrician wanting to be a welder?

Everyones a lawyer.

I got handed a ticket for "center of wheel outside of body" because it was the least the cop could give me, even though it didn't make any sense. I said thank you sir, because he had me on speeding, cracked windshield, no mudflaps, no fender flairs, rear plate obstructed (tow rope) and lot's of others. I was out for a test drive only blocks from my house, which is why I was speeding, I had to get it up to speed so the "death woble" would happen.


Take it to court if you really feel abused.

If you think back and your buddy was actually pretty lucky considering the whole evening, than pay the fine and consider it a learning experience.

 

[steve604]

I thought you where an electrician wanting to be a welder?

i can't drink enough beer to keep up with a welder :beer_cheers:

if i was a lawyer i would be trying to fight this on technicallities. i've been to court for tickets more than a few times and have heard stories of people getting screwed trying to fight their tickets.

judges don't care for guys showing up to court trying to be a smart lawyer. they want to hear what you honestly have to say and alot of times they will show leniency unless it's speeding where they have to ticket you the minimum amount.

it's funny how you can get caught dealing $100,000 worth of hard drugs, never spend a day in jail and continue driving to work everyday.... maybe missing a few days for court.

yet you get caught speeding a few times, you spend 3 months or more without a license, unable to get to work and losing your job.

 

[1lochev]

heh not to sound like a jerk, cause i had an N once and thought i was invincible and got a few tickets, but i have no sympathy for your friend for the ticket or the possibility of losing his license... and what do you mean drove over a sidewalk? that seems close to driving with undue care and attention. personally i think that people with an N should be made examples of. if your going to do stupid things when your a new driver then you deserve the consequences, and all to often people don't see that. they never think "hmmm if i lose my license i could lose my job, or my social life, and how will it inconvenience others around me?" think before you act! Rant off!

That makes sense. make an example of the kid with the N. after you get your class 5 drive like an ******* all you want because now you dont deserve the consequences. **** man try rereading aloud what you write before clicking post. :lame

 

[HMFI]

That makes sense. make an example of the kid with the N. after you get your class 5 drive like an ******* all you want because now you dont deserve the consequences. **** man try rereading aloud what you write before clicking post. :lame

Huh?

I re-read both of yours a couple times and still not sure why your so pissed.

 

[steve604]

Huh?

I re-read both of yours a couple times and still not sure why your so pissed.

i think it's a toyota thing. the toyota sites i occassionaly go to are generally a pretty pissed off bunch for some reason.

 

[HMFI]

i think it's a toyota thing. the toyota sites i occassionaly go to are generally a pretty pissed off bunch for some reason.

:laugh:laugh:laugh