How to Fight a Driving Without Due Care and Attention Ticket in Regina

Being involved in a traffic collision on Regina’s busy roads, like the Ring Road or Lewvan Drive, is an incredibly stressful experience 🚗. The situation becomes much worse if the Regina Police Service arrives at the scene and hands you a ticket for “Driving Without Due Care and Attention” under the Traffic Safety Act. Police frequently use this charge as a catch-all when they believe you caused an accident, especially in rear-end collisions.

This is not a minor traffic violation. It is one of the most serious provincial driving offences in Saskatchewan, carrying severe consequences for your driving abstract and insurance rates . Pleading guilty without fighting the charge can be seen as an admission of fault for the accident, which can complicate matters if the other driver decides to sue for personal injuries. Retaining a local law firm is crucial to protecting your legal rights.

Step-by-Step Process for Disputing a Due Care Ticket in Regina

Fighting a due care and attention ticket involves a mix of court procedures and navigating SGI’s administrative processes 🏱. Here is how you and your lawyer will typically proceed.

Step 1: Do Not Admit Fault at the Accident Scene

If you are involved in a collision, you must provide your name, registration, and insurance information to the other driver and the police. However, you are not required to give a detailed statement admitting fault . Anything you say to the investigating officer can be used to justify the ticket.

Step 2: Plead Not Guilty

Once you receive the Offence Notice, do not pay it online. Sign the back indicating you wish to plead “Not Guilty” and submit it to the Regina Provincial Court. This pauses the collection of the fine and prevents the immediate deduction of your SGI points 📅.

Step 3: Review Disclosure and Accident Reports

Your traffic lawyer will request disclosure from the prosecutor. This is critical in accident cases. The disclosure will include the police diagram of the crash, witness statements, and photos . Often, police issue this ticket based solely on the other driver’s story. If there are no independent witnesses, your lawyer can argue that the Crown cannot prove you lacked due care beyond a reasonable doubt.

Step 4: Negotiate a Plea to a Lesser Offence

If a complete withdrawal is not possible, your lawyer can often negotiate with the Crown to reduce the charge to a minor city by-law infraction. A by-law conviction may carry a small fine, but crucially, it does not appear on your provincial driving abstract and does not cost you any SGI demerit points 🤝.

How Much Does It Cost in Regina?

The hidden costs of a Due Care and Attention conviction are usually much higher than the ticket itself due to SGI penalties. Here are the estimated financial impacts in CAD:

It is generally much more cost-effective to pay a lawyer to negotiate the charge down than to suffer years of increased insurance costs .

How Long Does the Process Take?

Because these tickets often involve accidents, the court process can be delayed while police finalize their collision reports 🕖. You can expect the process, from entering your plea to your final trial or resolution date at the Regina Provincial Court, to take anywhere from 5 to 9 months.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca