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Has anyone ever been pulled over and charged with careless less driving? I take full responsibility for my actions however I was quite surprised when the officer gave me this charge and not a speeding ticket. I was speeding, I know that much and I admit that , but I don''''t feel my actions warrant a careless driving charge. I was in one lane, pulled out into the other lane, passed a vehicle and then pulled back into the lane I was originally in (on 1st street). I did not cut off any vehicles nor was in a school zone/ construction zone/etc. I was totally compliant and cooperative through the whole thing yet the officer was still very rude.  
 
The paper he gave me says I need to go to the court house where a Justice of the Peace will determine the amount of the fine. I have only had one speeding ticket since getting my license many years ago. Never been in any accidents or had any other traffic violations.  
 
Can anyone tell me kind of what to expect?? Has anyone ever dealt with this before? Thanks.  
 
Edited by Erin S, 2017-04-05 22:08:49

I have gotten a careless driving ticket before. It was while I was in Edmonton. I had been driving for many years before and the ticket was over a silly SILLY reason. I would have completely appealed the charge, and most likely have won and had charges dropped (says an officer I know now) as it wasn't really my fault ( I know everyone says that, but if you heard my story you would agree, as did the couple officers I've talked to here).... at that time I couldn't afford to travel back to Edmonton and appeal, so I paid the $400 dollar fine and took a hit to my merits I had ..... and got a "careless driving" on my drivers abstract (other than the careless driving ticket , I only had 1 speeding ticket that I had gotten at 17 years old....)... I thought all was well and dandy after the ticket was paid. A couple months later I got a letter in the mail stating my license was going to be suspended, I then went to MPI and pleaded my case as to why it shouldn't, they basically said, with the situation as to why I got that ticket I should have appealed in the Edmonton court and most likely could have had it all dropped, but now that it's on my record I'm basically "sorry out of luck".... also take into account that I was a delivery driver for a living, so this was a big surprise as I had driven many years without a spot or getting pulled over, driving 8hours a day for 6 days a week... so, within the next few months my license was suspended for 6 months I believe (may have been longer, it was many years ago, and my memory is fading a bit ha) and I had to take a driving safe course held at ACC ... ... like I said, was a number of years ago, so things may have changed a bit, but that's my experience with a careless driving offence.

How fast were you going?  
 
Under the Highway Traffic Act you can be charged with Carless driving if your driving without reasonable care or attention to other drivers. cant really give you a definite answer, because I wasn't there to witness you driving, but go to court and see what the judge says.

If you swerved out to pass then back in immediately after passing it could be the reason for the charge. They may have thought it was too close or quick of a maneuver, hard to say. I personally would have asked at the time as its your right to know why and what. As for the court house it's pretty simplistic in that you go in a small office and they'll ask you some basic questions pertaining to the charge. Then they will tell you the amount, you can at that point I believe still make or request arrangements on the amount if need be.i believe you have to pay either 25 or 50% of the total amount. They were changing the totals when I was in last so not sure which one it is now. Good luck

What I see a lot of times. Driver gets impatient behind someone who is doing 50, and since you said you were speeding. You pull in the other lane to get in front of the car that's going the speed limit just to pass them and get back in the other lane. Seems reasonable. I seen one vehicle do this 5 times just interweaving the other day. He didn't seem to get much ahead either. But from what I read and what I see daily it sounds like you were just being impatient to get in front of another driver otherwise there'd be no real need to lane change back into the other lane you were just in.

Passing in town limits is also illegal

Sounds like they were trying to increase tax revenues....... that's a ticket you fight with pleasure knowing you did nothing wrong. 1st street is double lane and I believe you should treat it like a highway and be in the left lane except when exiting or passing by the way, there is no reason for a cop to ever be rude or mad at you as it's their job to with hold the law, not pass personal judgement onto you and belittle you.

RainaRo said "Passing in town limits is also illegal "

1st St is a 4 lane road (2 North & 2 South)with "dotted" lines.

chip0416 said "    RainaRo said "Passing in town limits is also illegal " 1st St is a 4 lane road (2 North & 2 South)with "dotted" lines. "

She never stated where on 1st street. From Richmond south isn't two lanes. Could have been there??

Tracy16 said "What I see a lot of times. Driver gets impatient behind someone who is doing 50, and since you said you were speeding. You pull in the other lane to get in front of the car that's going the speed limit just to pass them and get back in the other lane. Seems reasonable. I seen one vehicle do this 5 times just interweaving the other day. He didn't seem to get much ahead either. But from what I read and what I see daily it sounds like you were just being impatient to get in front of another driver otherwise there'd be no real need to lane change back into the other lane you were just in. "

I was really just looking for experience from others who have dealt with this before... not for an opinion on whether I'm guilty or not. As I stated in my original post, I take full responsibilities for my actions and was simply looking for some insight on how this may play out in terms of the process and possible fine amount.

Is passing illegal in town limits? If it were, why are there dotted lines? To me, dotted lines means that it is ok to pass if it is safe to do so. 1st st. south of Richmond is dotted lines. If you can't pass, then the line should be solid.  
 
IMO, driving in either lane in city limits on a 4 lane road is perfectly acceptable. Staying right just doesn't make sense as it will congest the right lane.  
 
The careless driving ticket may be from speeding too much? Good luck.

JoBeth said "    chip0416 said "    RainaRo said "Passing in town limits is also illegal " 1st St is a 4 lane road (2 North & 2 South)with "dotted" lines. " She never stated where on 1st street. From Richmond south isn't two lanes. Could have been there?? "

I was heading south on 1st street. This happened just past Park Ave and 1st street, so 2 lanes in both directions. I'm very aware that passing on a single lane road within city limits is not legal.

Erin S said "    JoBeth said "    chip0416 said "    RainaRo said "Passing in town limits is also illegal " 1st St is a 4 lane road (2 North & 2 South)with "dotted" lines. " She never stated where on 1st street. From Richmond south isn't two lanes. Could have been there?? " I was heading south on 1st street. This happened just past Park Ave and 1st street, so 2 lanes in both directions. I'm very aware that passing on a single lane road within city limits is not legal. "

Strange you would get a careless driving charge then. Good luck with it. No idea. xo

Passing within City limits is illegal?? Where do you guys come up with this stuff?! LOL  
 
The nice thing about living in Canada if you disagree with a charge that was laid you have the right to go court and dispute the charges against you. I would like to think that our judges are unbiased and fair when dealing with matters. So if you feel you were wrongfully charged then plead not guilty and have your day in court.  
 
Just curious did you ask the officer why the careless driving ticket? Anyway by the sounds of it you have to appear before a magistrate anyway so take this time to figure out what you are going to to say.

Should slow drivers get tickets for careless driving because some of them may drive slow but are also careless I am pretty sure you have seen some of those ones too.

Now that all the back seat drivers have commented, I will try to answer your question. First of all, were you charged with "careless Driving" or "imprudent driving" because there is a difference. Careless driving is where you have committed at least 2 offences for which you could be charged with. Like speeding and going through a stop sign could trigger a careless driving ticket. Impudent driving is driving that is not reasonable or prudent. I'd say from what you describe above that you may have been charged under section 95(3)HTA Impudent driving. If it is careless driving then that's a little more serious because it could mean lots of demerit points. Maybe an abrupt lane change without signal, speeding and then the abrupt lane change back without signal might be careless driving but I don't know the exact specifics of what happened. When you see the magistrate you will be allowed to give your side of the story. The magistrate will also have the officers notes and possible video, so down downplay it as to what happened.  
 
P/S unlike a few comments above, don't blame the police because you were caught breaking the law. The police in Brandon spend countless hours at accidents picking up broken bodies. It's not their fault. I know you didn't say anything Erin S but a few comments above are uncalled for.

JoBeth said "    chip0416 said "    RainaRo said "Passing in town limits is also illegal " 1st St is a 4 lane road (2 North & 2 South)with "dotted" lines. " She never stated where on 1st street. From Richmond south isn't two lanes. Could have been there?? "

I was assuming that it was 4 lane as the majority of 1st is, however you are absolutely right, one should not assume the facts (my bad )

Plead not guilty, go to trial and leave it for the judge to decide. Good luck.

ZachT said "Is passing illegal in town limits? If it were, why are there dotted lines? To me, dotted lines means that it is ok to pass if it is safe to do so. 1st st. south of Richmond is dotted lines. If you can't pass, then the line should be solid.     IMO, driving in either lane in city limits on a 4 lane road is perfectly acceptable. Staying right just doesn't make sense as it will congest the right lane.     The careless driving ticket may be from speeding too much? Good luck. "

Technically, the left lane is for passing and for a person who is about to turn left. In many US states, Ontario and BC, its illegal to keep driving on the left lane. Having said that, in practice, it doesn't work too well in Brandon just like reading signs and traffic lights!  
 
As for the OP, I suspect the person was impatient with a slow driver on the left lane who was ahead of them. Passing on the right lane isn''t a good idea so yeah, the police took exception of it.  
 
Edited by unbreakable1, 2017-04-06 20:13:32

I was always told that the law will usually give you lenience if you're going over no more than 10km of the speed limit !

This is just a tidbit for those who are saying about passing on first is legal.  
 
On most of first street, it's four lane. However, passed value village heading north, it remains two lanes, however the southbound lane is single from the highway to value village. SO if you were passing going southbound, which would have meant crossing into oncoming traffic, over a solid line (which means you can not pass) then that would be careless driving.

A cop, who was a family friend, what exactly speeding is, and he said that technically 1 km/h over the speed limit, anything over that is attitude. There was a kid a few years back who had just got his license who would constantly race up our street with his exhaust making a racket, I stepped out in front of him and he slammed on his brakes, he was shaking when I walked up to his window, I told him slow down because next time it could be one of my kids or my neighbors kids that run out in front of you and it will be to late. He still drives slow up the street today.

InfinitiGirl said "This is just a tidbit for those who are saying about passing on first is legal.     On most of first street, it's four lane. However, passed value village heading north, it remains two lanes, however the southbound lane is single from the highway to value village. SO if you were passing going southbound, which would have meant crossing into oncoming traffic, over a solid line (which means you can not pass) then that would be careless driving. "

No, actually that is called pass where prohibited.  
 
But without more info about what really happened this is pointless

Trapper85 said "A cop, who was a family friend, what exactly speeding is, and he said that technically 1 km/h over the speed limit, anything over that is attitude. There was a kid a few years back who had just got his license who would constantly race up our street with his exhaust making a racket, I stepped out in front of him and he slammed on his brakes, he was shaking when I walked up to his window, I told him slow down because next time it could be one of my kids or my neighbors kids that run out in front of you and it will be to late. He still drives slow up the street today. "

Can you ask your family cop friend what the fine is for 1km over? I googled Manitoba speeding fines and found the fines and if you go to page 32 they start at 10km over. That fine is like 180ish so is 1 over 18 bucks?  
 
https://www.gov.mb.ca/justice/fines/pdf/brownbook.pdf

I believe you just answered that question just because 1 km over is speeding doesn't mean there's a fine for 1 km over it just called speeding at that point.

Wondered why they give leniency for less 10-12 over, and 1 can only assume that it's because it's not worth all the administrative stuff that goes along with the ticket.

That she was near 1st and Park.  
Wondering if she started passing while she was in the intersection. That isn''t legal, is it? Although I saw a cop do it tonight.  
 
Edited by JoBeth, 2017-04-06 23:28:45

You could think of it as an aggressive driving charge.  
 
It's hard for other drivers to anticipate your actions when you change lanes quickly.