Your client, Joe Smith, was charged with careless driving by way of Part 1, Provincial Offence Notice.
Question:
Your client, Joe Smith, was charged with careless driving by way of Part 1, Provincial Offence Notice. At your intake, your client advises you that he had been driving his truck on Huron Church when the truck in front of him stopped short and he hit them. There were no injuries or damage to the semi-truck. Your client advises that he was a G2 driver at the time of the offense. The client works for a large trucking company, so CVOR points are also involved.
You have filed the Request for Early Resolution with the Court and have received a Court date. You subsequently requested and received disclosure of the offense.
Take the attached disclosure and write a report on the following:
Is there cause to charge your client with Careless driving? If so, explain what specifically denotes careless driving.
What defenses if any does your client have?
Based on the facts of the case, supply me with lesser and included offenses that this matter could be amended to an early resolution.
What would you advise your client about the charge as laid, the disclosure provided, and possible consequences of running a trial versus accepting a reduced charge?
What are the consequences to his license in terms of CVOR points?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts