Ontario Highway Traffic Act

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Right to remain silent
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PostPosted: Sat Apr 25, 2009 12:17 pm 

Joined: Thu Apr 23, 2009 11:56 am
Posts: 2
I'm new here, but it seems like a good sensible forum. Here's my question.
My brother was involved in an incident including a close call. Maybe a braille bump maybe not. The other driver say's he was involved in a collision. No damage no personal injury. No officer was involved and no 911 call. The officer staked his house out and stopped him in his coworkers truck on their way to work. The officer wants my brother to go to the local cop shop 5 days later to get charged
I know there's alot more info required to offer advice here concerning the complete case.
For now though, I want some advice on whether my brother should start telling the officer anything. The officer has already stated that he will be filing a charge of fail to remain at the scene of an accident and careless, regardless, but wants to talk to my brother again, before laying the charges.

PostPosted: Sat Apr 25, 2009 3:57 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Did your brother stop his vehicle and talk to the other driver at the site of the incident? I was not 100% sure. If they stopped, did they exchange information? If not, did they both talk about it and say "ah, no damage, forget it"? Without the full picture, it's hard to offer any real advice here. The only thing I can say, without knowing what the "incident" was, is I suggest taking a photograph of the vehicle with a date-time stamp on it, ASAP, and invite the officer to inspect the vehicle for damage.

If your brother had no reason to believe that there was any sort of contact between the vehicles, he had no reason to stop. If he had any doubts, he should've stopped. If your brother stopped, talked to the other driver and they parted their separate ways after either exchanging information or agreeing not to call police, then he really can't be convicted of fail to remain. If it's a little more "grey" than that, get in touch with a lawyer with traffic experience ASAP. Otherwise, if it is that black-and-white, I'd get the photo, write notes down of the incident and talk to the police without delay.

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