Helping fighting Start from Stopped position not in safety ticket

[Soyabean]

So as some of you know, I rear-ended someone last week. As a result, i got ticket "Start from Stopped Position - Not in Safety" from section 142(2).

Basically we were both stopped and yielding to turn right. Im just watching the front and then the woman in the front decides to go. I then look left to see if there is any traffic oncoming and upon inspection, it was clear to go. So i proceed but as I accelerated and turned my head, i saw that the woman who supposedly took off suddenly stopped even though there was NO CARS coming. So i hit her but not too hard.

Thankfully we are both ok. I hit her rear tire because drives an suv with one of those tires sticking out. My hood, grill, and bumper need replacing.

Yes I did hit her, but I feel it was her who caused the accident because under normal circumstances, you would not accelerate and then stop even when it is clear to go.

The insurance has already deemed me at fault for this which Im not going to argue. Im just looking to get this ticket fought.

The cop who comes later, does not ask any of us what happened. He just took both our info, went in his car, came out 20 mins later and handed me this ticket. He was kind of nice because he said that people normally get a careless driving charge for this but decided to give me this ticket instead.

My main objective is to get this ticket thrown out. If that is not possible, i am trying to get them to not take off any points but I know that even if I have to pay $1 for a ticket, my insurance will still go up. But at least I can try to get the demerit points taken out.

Am I in any position to argue and defend myself? Or am I SOL?

[cwp_sedan]

Unfortunately bud you are 100% at-fault so SOL. :(

This exact same thing happened to me a few years ago. Your insurance with deem you at fault. I don't think you have any options here but maybe talk to a lawyer?

[Soyabean]

awww lol. Im still going to the first attendance thing though. I've had a good history. Like no tickets or anything before. This is first so hopefully they can do something about the ticket. The cop also told me to go that route which I think he was nice enough

[XTOTHEL]

Try to argue that she stopped abruptly and there was no way to avoid it.

[JonsMazda]

Tell the court the lady was yapping on the phone and wasn't concentrating on her driving.

[mazdabetty]

Unfortunately, you are absolutely in no position to fight this. You're lucky you weren't slapped with a careless driving charge of $600 and 6 demerit points (the usual if you rear end someone). I got off lucky with a small ticket like this too in a sort of similar situation, "Failure to turn into left lane to avoid collision". The cop actually did you a favour, pay the fine and be done with it.

Oh and PS: My insurance hardly went up at all with my accident, it raised to about the same as it did last year with regular annual fee increases, but with the ticket + accident if you had a clean driving record in the past it shouldn't have too much of an effect on you... at least we hope so ;)

[Roconne]

Try to argue that she stopped abruptly and there was no way to avoid it.That doesn't matter at all. If you hit someone from behind, you are 100% at fault and it doesn't matter what excuse you try to use.

The best you can hope for is the judge to lower the fine.

[mazdabetty]

The best you can hope for is the judge to lower the fine.

This could be risky though. The judge could potentially raise the fine to careless driving. I'd leave it alone and thank my lucky stars.

[Flagrum_3]

This could be risky though. The judge could potentially raise the fine to careless driving. I'd leave it alone and thank my lucky stars.

+1...Plead quilty to the charge, you were at fault.The judge has the right to overturn the officers decision and nail you harder.


_3

[ZeroChalk]

Tell the court the lady was yapping on the phone and wasn't concentrating on her driving.

best advice ever! Commit perjury..

[SilentJay]

I had the same experience about 7 years ago. Unfortunately, you'll probably be looking at sky-high rates for the next 7-8 years...

As second-name @ 18 years old, on a 13 year old 4-door 4-cylinder family car, that little ding shot my insurance up from $215/month to $430/month.

[Soyabean]

This could be risky though. The judge could potentially raise the fine to careless driving. I'd leave it alone and thank my lucky stars.

Thats the only thing im afraid of. Would I be able to plead guilty and request for a consideration to drop the points considering this is my first offense ever?

[Soyabean]

I had the same experience about 7 years ago. Unfortunately, you'll probably be looking at sky-high rates for the next 7-8 years...

As second-name @ 18 years old, on a 13 year old 4-door 4-cylinder family car, that little ding shot my insurance up from $215/month to $430/month.

I actually have been driving long enough to get the 1st time accident forgiveness thing. My insurance won't go up at all if that thing actually works and my insurance company has assured me of that

[mazdabetty]

ahh yeah I just noticed you wrote this ticket came with points... ouch.. I don't know.. like I said it's a huge risk. I wonder if you could actually try going to Pointts, might cost you a couple hundred but it may or may not be worth it just to be rid of those demerits?

[SilentJay]

I actually have been driving long enough to get the 1st time accident forgiveness thing. My insurance won't go up at all if that thing actually works and my insurance company has assured me of that

That's good, however keep that in mind when it comes for rewnewal - it's first time forgiveness with that company only, and you do pay a small premium for that feature.

[mazdaskit]

wow ben didnt hear about this hope everything goes ok. what about one of those ticket fighter companys (excop or w/e) maybe give them a call

[alho]

It doesn't matter if you pay $0 or $1. Your insurance will still count it as a conviction against you.

BTW I think I saw your car when I was at SP (another member I was talking to say it was Soybeans IIRC). Can't believe there was so much damage from a colllision like that.

Goodluck with the ticket though!

[Soyabean]

Thanks everyone. Actually, if I pay $0, i dont think it's a conviction. I know regardless if I pay a $1000 vs a $1 ticket, they both count as a conviction. That being said, Im just trying to get the points taken away that's all. I'll see what happens on Wed when i attend the first attendane

[cwp_sedan]

Good luck Ben. :thumbsup

[Kappa]

i did the same thing not long ago!! but it just broke my bumper and she didnt see the damage on her car right away so we didnt call the police... i saw her broken bumper but didnt say anything.. but gave her my number anyway.. so i ended up paying to fix her car but w.e better than a ticket!

good luck man!!!! hope this all goes over well!

[Impressive]

I highly doubt the judge will raise the ticket into a charge, especially on a first offense such as this one.

You can try and fight it, it's worth a shot - but these rules for being at fault with insurance exist to be enforced so I wouldn't expect you to get it dropped either. As someone already suggested, the best you will likely be able to achieve is the fine on the ticket being reduced.

Good luck Ben!

[Soyabean]

Thanks everyone. I'll let you know what happens after wed.

[Soyabean]

Ok, so i got it down to a improper stop at an intersection. $50 fine, 0 demerit points. I know its still a conviction but meh. Its done

[Kappa]

nice dude thats better than nothing!

[Thrizzl3]

great news ben!

[cwp_sedan]

That is definitely better than nothing! :thumbsup

[bluemazda3]

good news.. atleast no one was hurt

[crystal8484]

Glad you got it reduced and that no one was hurt, good stuff.

Just had a court date myself on Monday. All withdrawn as the officer didn't show up. I am forever thankful for that though, could have been a hefty fine to pay for sure. We'll both be much more careful I'm sure :)

[Soyabean]

I actually saw you near Sherway gardens. I stopped 2 lanes right of you in my white g5 rental

[crystal8484]

I actually saw you near Sherway gardens. I stopped 2 lanes right of you in my white g5 rental

Saw meeeeeeeeeeeeee??

[Soyabean]

yup, i recognized your green calipers and immediately knew it was you lol.

Its really funny how many tm3 cars i see when im not driving my own. Yet when i drive mine, i spot no one lol

[crystal8484]

yup, i recognized your green calipers and immediately knew it was you lol.

Its really funny how many tm3 cars i see when im not driving my own. Yet when i drive mine, i spot no one lol

hahah that is funny! I haven't spotted anyone in a very long time in my car or otherwise. :(