And what do you feel the difference is? I figured they all are pretty much the exact same when it comes to cost/results

Like the difference between going to Canadian Tire (commercial) to a specialist (independent).

Reviews on the net are very positive of them.

Oh I know how it is. I don't really need to call up my agent . They can cancel it for whatever reason they choose, same way they can choose not to insure me for whatever reason. Both are still serious offences. I was just stating that its NOT a criminal offence as you had mentioned it is.

Well my old insurance company (Economical Mutual) cancelled my policy the second after they paid me out for my first claim - the fire incident. So I think it's a hit or miss with how insurance companies run in regards to claims/tickets/whatever. Just like how Grant, you said you can't insure me with 3 tickets, but my current insurance company had no problem (with a very respectable premium)

My insurance company had no issue with me transferring my policy on my dsm to my Civic while the claim is in process though.

I'm not guilty until this see's a trial, and proven guilty for what ever charge. Hopefully it's dropped completely, but we'll see.

From my experience you need a horse shoe up your ass to get it dropped completely. They will lower/change it to something else though.

I once heard a rumor that Careless Driving was given out very often.

Well, it's this logic: "If there were no careless drivers, carelessly driving, there would be no accidents, therefore all accidents are because of careless driving"

Oh no Mike...oh no.

I thought this was a joke. Cannot believe this happened.

FVCK!!! >:(

Good luck in court man. Just remember to be super polite.

I'm just going to write everything down on paper that I have to say, and read it directly. I think that's the smartest thing...

I must have that magic horseshoe, at least some of the time. Got a careless dropped 10 years ago, a speeding 7 years ago, and an improper lane change last year. The careless and speeding I took care of entirely by myself. I could have done the lane change myself too. It can be done.

Get disclosure. The prosecution has to give you a copy of everything they will use against you as evidence in court. This includes the ticket, any photos, the officers notes, any statements, etc. Once you have that, you can see if they have a leg to stand on and how they will likely present their case. Then decide what your plan will be, defend for the win, or plea bargain with the prosecutor.

Search the court or city website, call the court, whatever, you'll find out how to get disclosure. 10 years ago it required some letter writing. 7 years ago it was a fax. Last year there was an online form to submit.

If they don't give you the disclosure, you can motion to have the case thrown out on that basis.

Mike, I haven't read this thread yet, but we can beat this ticket. I've had a careless driving charge dropped by the prosecutor.

First thing you do is wait for a trial date. Do not adjourn your case.

Once you get a trial date, hopefully it will be past the 12 month mark there are a few steps that nees to be taken.

Ill explain more, im just out right now.

Your using section 11b of the charter to defend yourself.

Any person charged with an offence in Canada has the right to be tried within a reasonable period of time, under section 11b of the Canadian Charter of Rights and Freedoms.

If your traffic ticket or charge has not been heard within a reasonable period of time, you can complain to the court that your rights have been violated. If the Judge agrees with you, the Judge can dismiss the charge, or more technically called "Stay the charge".

To do this you have to file a legal motion prior to the court date complaining that your right to a trial within a reasonable period of time has been violated. 11(b) arguments require that timelines are met and that the proper forms are filled out.

You cannot just appear in court and say that the case has taken too long to come to trial.  A legal motion must be filed with the court 15 days prior the trial date.

Supreme court of Canada has stated reasonable time to be 8-10 months.

Forgot about that...the one thing that used to be the bane of 'justice drama' tv or movies...the surprise witness. Before the trial, prosecution has to divulge what information they have, upon request, and if they use information beyond that, it is non-admissible.

Mike, it depends on your confidence. If you try to fight in court to get it dismissed completely, then really hope you win because plea bargaining won't be an option after proceeding (might be wrong about this, Nick might know more for options once proceeds have begun). You'll obviously have time going into this to give the options you have thought.

The one thing that seems to be common on x-copper and the others is their definition of 'win' doesn't mean they will spend the effort to get something dismissed because if they can't get it dismissed, they don't get paid...easy way out is just define a 'win' as reduced terms and collect on their cash-cow.

Represent yourself for the plea bargaining and just be honest, understanding, but assertive with the prosecutor before the case and might work out a really decent deal.

Go for disclosure and try to find something that just match or that there is too much circumstantial evidence for the case to proceed. Might end up as "well, you aren't guilty of careless driving, but from the evidence you presented, you are guilty of failure to yield". With disclosure, you'll also have an advantage with plea bargaining as you can probably judge how black and white the case is. If it is wishy washy, and you talk to the prosecutor, they may give you a better deal than if you didn't have the disclosure information. The more you know, the more bargaining power you have. It's like knowing that cylinder 3 and 4 isn't working...that car has less value to you now, but the other person that doesn't know that will value the car higher.

Try to 'trick' the courts and use 11b, but have this hanging over your head for close to a year unresolved.

But Andrew & Nick...

The cop didn't show up until 20 minutes after the accident happend. The only legit witnesses would have been the cars at the very front of the traffic (the truck and the suv).

While I was standing around waiting for the cop - the traffic on Cawthra just drove around our two cars. I didn't notice the lady or her husband trying to find someone who saw exactly what happend.

In the end, I think it's her word + the definition of careless driving, vs mine. The cop can't bring speed into the equation, without a radar gun. His notes should be irrelevant, because he wasn't there. Therefore, I'm not sure how detailed the disclosure will be that is used against me.

I'll have to sit down and go over all the suggestions in this thread again and spend time figuring the approach out. My intent is to talk to the prosecutor and have not even make it to trial. I want it to end there.

GENERAL STEPS FOR FILING A STAY OF PROCEEDINGS:
"CHARTER SECTION 11b"

1. Wait for "Trial Notice".

2. If the trial notice is > then 11 months, then:

3. Request for Dislcosure (i'll provide a template what to include and not to include)

4. Wait for 1 month, if you get no correspondence in regards to picking up your disclosure, send out a 2nd request for disclosure.

(if you dont get disclosure prior to your trial, thats another argument under the charter you can present to have the courts throw your charges out - and they will)

Filing a stay of proceedings needs to be submitted 20 days before your trial date.

5. Prepare a Form 4F (notice of application) and all other related documents 4 copies - I can provide you with a template of whats needed in your application.

6. Fax the application to:

a.Attorney General of Canada.
b.Attorney General of Ontario.

7. Go to the courts where you will have your trial and
do the following:

a.Get a sworn statement notorized that you've
prepared that outlines you faxed the two attorney
general offices & and that you requested
disclosure on 2 occasions. (i can give you a
template)
b.You will have a sworn statement in your
application that will need to be notorized by the
clerk.

8. Serve the prosecutor's office, have them stamp all 4
copies of the application and give them one.

9. Serve the courts, have them stamp the remaining 3
copies and give them one.

The important things are the documents you include with your application and your argument you present on how you have been prejudiced by the delay in bringing the matter to a hearing, which violates section 7 of the charter: security of the person.

4 Main things to keep in mind:
1.Reasonable delay must be present
2.No delay was caused by you in bringing this matter to a hearing.
3.You did not waive your rights to an earlier trial.
4.Prejudice you experience.

Finally someone who knows what they are talking about.

I love facts !

I would never talk to the court prosecutors, if I didn't have the upper hand. And you never have the upper, unless the plate number was incorrect on your infraction notice.

Prosecutors want wins. When there up against a charter argument for reasonable delay, they will not want to go into battle especially it being over 12 months from the charge. Supreme courts sets the precedence of 8-10 months being reasonable.

Best thing to do is wait till you receive a notice of trial, and you can decide from that point.

Careless driving is a serious offense, 4 points I believe.

It's 6.

But thanks a lot for the help everyone! I really appreciate it, and would feel completely lost without the support of the board.

The trial date is expected to come in a month, so I'll keep an eye for it. I'll then ask for the disclosure by writing in a letter. I'll let you guys know what it says, hopefully it is close to the truth, considering the cop already lied on my ticket stating I was going 10km/h.

I'll make notes of everything regarding the accident over the next day that I remember, and everything that was talked about here for reference. I know if I wait any longer, I'll have a hard time remembering exactly what happened.

I'd be surprised if the notice comes that soon. Court system in your area must be really efficient.

REQUEST FOR DISCLOSURE

DATE: 21st day of FEBUARY, 2011.
DIARY DATE: 17th day of MARCH, 2011. (date you expect to receive a reply - 3 weeks)
 
Offence Number:
Offence Date: 3rd day of APRIL, 2010 at 15:05
Charge: DISOBEY STOP SIGN - SECTION 136(1)(A) H.T.A.
Defendant: Your Name
 
Court Date: 16th day of MAY, 2011 at 13:30

Location: 
#W6, YORK CIVIC CENTRE
2700 EGLINTON AVE. W.
TORONTO, ON M6M 1V1
tel: (416) 338-7320
fax: (416) 338-7322
________________________________________________________
 
 
General Request
With regard to the above matter and in light of the guidelines set out in R. v. Stinchcombe, 1991 CANLII 45 (S.C.C.), and subsequent cases, I am requesting that you provide me with all relevant information and documentation so that I may prepare my defence against the above charge and make full answer.
 
Specific Request
Without limiting the generality of the above request, I ask that you also include:
 
o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o any statements made by the defendant; and,
o copies of the original notes of such statements;
 
Missing Information:
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.
 
If you require further information from me or have any questions regarding my request for disclosure please do not hesitate to contact me.
 
Thank you.

 
______________________
 
Full name
Address
Don't put your telephone number

Just got confirmation from my insurance company today that my car has been deemed as a total loss as the repairs will cost too much.

It's being 'transferred' to a new adjuster, to figure out the payout amount, and then I'll go from there.

Sad day...

As for the ticket, I'm still waiting on the letter in the mail for my court date.

Sorry to hear Mike.

Well I got some interesting news today...

Insurance called me and notified me that the adjuster who went to see my car at Deep's shop, no longer works at the company.

The original offer was $7900 to be a write off. I said no. I want to speak with the adjuster myself to inform him of what I have invested to the car since I bought it. 80% of the mods on my car were there when I signed a policy with TD, so theres no reason why they shouldn't be covered. The remaining 20% are things which aren't seen or known easily (injectors, fuel pump, 6bolt engine, alternator, etc.)

I wrote an excel file of a list of parts/work that I invested into my car since 2007-2008 and it totals ~$8000. Minus 10% depreciation, and it ends up being like $5500.

The new lady I spoke too was extremely nice and understanding. She read his report to me over the phone which stated the car was heavily modified, but no structural damage took place. Therefore the car will remain UNBRANDED (not salvage, not rebuilt) if if gets repaired. I would imagine that it will still say like this if it doesn't, as well. She can't reimburse me to ALL of the mods, but can only factor in some.

Her new offer to me was $8489.15 (that's after taxes and my deductible). She mentioned that I AM able to take little parts from the car as long as I replace it. Things like my stereo, rims, ecu, bov, etc..

Blahhhhhh what to dooooo....

While you say 80% of the mods were already done to the car when you first got it, was your insurance company aware of these mods?

So your with TD insurance? Or TD Meloche Monnex? When I called TD MM, they told me they wouldn't even insure modified cars, period.

If you added additional parts to your car that insurace wasn't notified of, typically your SOL on getting any compensation for them. Actually your lucky your company is even will to pay you abit more for these modifications, as alot of places would just drop you & say your SOL.

I'm actually surprised with your companies offer, I would have expected much less (have not had good dealings with insurance).

If it was me, I'd take their offer & remove all the parts I could from the car & put the stock stuff back on. Actually, what I would do is see what they want to buy the car back & then part it out if you don't plan to fix it.

Edit: Should mention, if your just trying to get the most from the car, be done with it & think its worth more, you can have a second, independent appraisal done (which they have to pay for).

TD Insurance

They sent me to an inspection center to have pictures taken and parts documented. Things which I had were my FMIC, rims, suspension, brakes, rad/fans, fuel regulator.... basically everything I "upgraded" from the fire damage.

Their sale price is like $740. If I want that, then that'll bring me to $6200 ish, plus the car. I can use the $6200 towards repairs, or pocket that and part the car out. Estimated repairs was like $6600 (parts/labor)

I asked them where the car would go if I accept the first offer, and they told me the place - but it's up to that place of what they want to do. There's no guarantee that I will get it from them.

I'm so torn with this. I was hoping to get $9500-$10,000

8500 is honestly a really good payout. Some companies are just assholes and wouldve given you around 5. The repair should cost you half of the 6200 with parts and labour. You can fix the car and pocket the rest. And honesly the best news if you want to buy back and fix it is they didnt brand the car! Its a clean title.

^^ Agreed,
That 10% depreciation over the past 3-4 years is pretty low aswell.

Think of the lightly used parts that show up on the fourm, they are anywhere from 25-50% off the purchase price.

You can run down to the states and grab an unmolested 100km spyder for 5-6k and still be ahead.

Buy the car back and part it out (do not repair). Awesome deal man! Your luck is officially back

Or take the $8500 and keep an eye out for an unmolested 99 GSX from now until next season...

This decision is harder than the most difficult decision I've had at a poker table.

A complete part out for my car - how much do you think I could get?

I wouldn't think twice for that price, buy the car back & part it out. Depending on how far you go with the part out, makes a difference on what you can get, but you should not have any problem getting your $740 back.

If done right, depending on condition of your parts, you can make $3K+ on a OEM partout alone.

...or keep the $8500 and save up some more for a downpayment on this! http://ontario.kijiji.ca/c-cars-veh...GSR-with-Handling-Pkg-W0QQAdIdZ320346682

*drool*

Unmolested 99 GSX is going to be tough to find no?

How about this?
http://ontario.kijiji.ca/c-cars-veh...e-Imaculate-condition-W0QQAdIdZ319647221

So clean!

Michael, I was thinking about a lease on a 2012 VW Golf GTI, or the new 2012/2013 Golf R (it's turbo and awd)

Those things are silly

check this one out:
http://losangeles.craigslist.org/sfv/ctd/2644803050.html

I want it, Alex! Holy that's so clean...

Wait, how can you tell that cars so clean with just dinky exterior pics? Did I miss something?

I've seen that car in person. It's clean with few hidden things you can't see on the pics.

-dark stain on the drive side carpet (leaky master)
-leaky sunroof
-paint faided on the rear spoiler
-valve cover gasket leak (normal)
-few dents under the car. (improper use of jack stands)

Other then that it's all clean. The only problem is price

Yeah it seems a bit pricey for a 99 GSX, but if it's "clean" then what the heck.

Rust free = "clean" I guess up here in the great white north.

Is the mutual feeling among you guys... to take the $8500 + the couple parts I can replace with stock and look for something else? That's what I'm slightly leaning towards.

The girlfriend wants me to take the money and walk away. She hated my car this year due to the problems it gave me. But if she can go out and spend x amount of money on purses, clothes, perfume etc... why cant I have one toy? lol.

Not much point buying one now-ish to sit in storage though. I know I'll have a DSM in my parking spot in the new year. It's a damn addiction that I don't want to get help with quite yet.

Listen to your girl and take the $8500. You can easily find another good DSM for that money. If you have the time and space to part it out if you bought it back, you will easily make your $740 back as Daren mentioned.

Take the $8500 and buy my friends 2003 Evo 8 for $14k