If you almost hit pedestrian...can you get a ticket if they report you to police?





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by: admin on
Wed Oct 10, 2018 1:29 pm

But if you are seen in a video threatening, that could be a different situation, maybe attempted murder or attempted vehicular manslaughter?


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by: bend on
Wed Oct 10, 2018 1:35 pm

It depends on the situation.

Dangerous Driving is a criminal offense, not a HTA offense. Officers do not hand out dangerous driving charges for driver error, whether it's a pedestrian or not. This has been a problem in the past as vehicles who mowed down pedestrians in driver error were sentenced with mediocre fines without taking into consideration the outcome (e.g. pedestrian death).

For this particular charge, there has to be dangerous driving leading up to the event that shows they were operating a vehicle in a manner that wouldn't be considered normal and a danger to the public. It's not a common charge and not something this board deals with.

Could you get charged for Careless Driving? Yes.

However, you're likely not going to see any action take place based off of a complaint based on simple driver error.


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by: alleycat685 on
Wed Oct 10, 2018 1:58 pm

admin wrote:
Wed Oct 10, 2018 1:29 pm
But if you are seen in a video threatening, that could be a different situation, maybe attempted murder or attempted vehicular manslaughter?
Thanks for your response. It was simple driver error – it was dark and they didn’t see the pedestrian while turning. Nothing aggressive or threatening. It was when they make the gesture to apologize did they notice that the pedestrian may have been filming…


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by: alleycat685 on
Wed Oct 10, 2018 2:00 pm

bend wrote:
Wed Oct 10, 2018 1:35 pm
It depends on the situation.

Dangerous Driving is a criminal offense, not a HTA offense. Officers do not hand out dangerous driving charges for driver error, whether it's a pedestrian or not. This has been a problem in the past as vehicles who mowed down pedestrians in driver error were sentenced with mediocre fines without taking into consideration the outcome (e.g. pedestrian death).

For this particular charge, there has to be dangerous driving leading up to the event that shows they were operating a vehicle in a manner that wouldn't be considered normal and a danger to the public. It's not a common charge and not something this board deals with.

Could you get charged for Careless Driving? Yes.

However, you're likely not going to see any action take place based off of a complaint based on simple driver error.
Thanks for your detailed response. It was simple driver error – it was dark and they didn’t see the pedestrian while turning. Nothing aggressive or threatening.


dude
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by: dude on
Thu Oct 11, 2018 10:11 am

I was in a similar situation like you. still am now fighting it cause she is trying to sue for money now.

in summary. I was waiting to make a right turn on a red light. so I am just chilling there not moving waiting for traffic to clear. To do that I had to inch forward a bit to observe oncoming traffic. So i was over the pedestrian crosswalk where i was waiting to safely make my right turn. The pedestrian was then banging on my hood yelling at me that she is going to report me. obviously i thought nothing of it and when it was safe to do i completed my right turn and she had took down my license plate and filed a complaint to the police that i had struck her and she landed on the hood of my vehicle.

The office called me a few months later asking me to come down to the station to make a statement. Like the honest guy i am who had nothing to hide he charged me with careless driving, failure to report an accident and failure to remain at an accident.

Just be careful to not talk to any police. They can file a complaint that you hit her and then a detective will call you to come down to the station to make a statement. he will be telling you that he is just trying to get all the information.

However he is really trying to find something he can charge you with. Just tell him politely if you have to come to the station to make a statement. Unless something serious happens he cannot force you to make a statement without a warrant. So he will try to say that no you dont but it would be nice just so that i can clear the case. you politely tell the officer that you do not wish to make a statement. and you can avoid the whole mess.


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by: alleycat685 on
Thu Oct 11, 2018 10:46 am

dude wrote:
Thu Oct 11, 2018 10:11 am
I was in a similar situation like you. still am now fighting it cause she is trying to sue for money now.

in summary. I was waiting to make a right turn on a red light. so I am just chilling there not moving waiting for traffic to clear. To do that I had to inch forward a bit to observe oncoming traffic. So i was over the pedestrian crosswalk where i was waiting to safely make my right turn. The pedestrian was then banging on my hood yelling at me that she is going to report me. obviously i thought nothing of it and when it was safe to do i completed my right turn and she had took down my license plate and filed a complaint to the police that i had struck her and she landed on the hood of my vehicle.

The office called me a few months later asking me to come down to the station to make a statement. Like the honest guy i am who had nothing to hide he charged me with careless driving, failure to report an accident and failure to remain at an accident.

Just be careful to not talk to any police. They can file a complaint that you hit her and then a detective will call you to come down to the station to make a statement. he will be telling you that he is just trying to get all the information.

However he is really trying to find something he can charge you with. Just tell him politely if you have to come to the station to make a statement. Unless something serious happens he cannot force you to make a statement without a warrant. So he will try to say that no you dont but it would be nice just so that i can clear the case. you politely tell the officer that you do not wish to make a statement. and you can avoid the whole mess.
Sorry that happened to you.

There was no contact with the pedestrian - I was turning left and it was dark. They were wearing dark clothing so I just literally didn't see them until I was turning over the crosswalk. When I saw them, it just seemed as though they were filming me and when I looked in my rear view mirror, it seemed as though they turned to take a picture of my license plate. I am not sure - it can just be my brain playing tricks on me but there was no contact with the person, either verbally or physically. The whole ordeal maybe lasted maybe 5-7 seconds.

I feel so bad and have been having major anxiety or the fact that I could have hit someone...Thanks for the advice about the police...I am now wondering how long it would take to receive something, if I was indeed reported. Is there a timeline for these or it's just whenever???


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by: dude on
Thu Oct 11, 2018 11:26 am

pretty much whenever the officer handling the case gets to the file. they took around 2-3 months to give me a call. Unless someone is seriously injured they will not rush anything.

So relax no need to have anxiety. if no contact was made and witness or video to show that contact was made you got nothing to worry about. Even if they call you just tell them i do not wish to make a statement. worst case scenario if they do, take a lawyer with you it will scare them away for petty cases like ours.

so enjoy your life :) you got nothing to worry about.


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by: daggx on
Tue Oct 16, 2018 3:06 am

If this happened in a major urban area I think you will most likely never hear about it again. Most police forces in large cities have a backlog of major crimes to deal with and don't have the time to chase down a minor traffic violation, which at the end of the day is all this is. Also, even if the pedestrian got a picture of your plate they still can't prove who was driving, so the police don't have much to go on. In the unlikely event that the police do contact you about this, follow the above posters advice and decline to give a statement. The statute of limitation for filing charges under the Provincial Offences Act is 6 months, so if you haven't heard from them by then you are in the clear.


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