In late December I was driving along a street in Richmond Hill at around 10:00am. I was behind a Ford SUV. As we approached a traffic light it turned amber, the suv immediately hit it's brakes causing me to try for the same, unfortunately due to black ice I was not able to stop successfully in time. The suv had pretty much zero damage while my car wasn't so lucky. After the accident, I immediately went to the suv where the driver and her son were emerging. I asked if they're ok and the driver replies with "I'm sorry I braked late". I said that's not important right now but are you ok. Everyone was fine but a little shaken up. A witness from another vehicle approached offering water. When I was questioned by an officer, I made mention of the driver saying this to me. Months later and I finally receive my disclosure only to find the police never took any statement from anyone at the scene except myself. Not only that, but they never bothered to get a statement from the other driver at any point. There is a statement from her son who was the passenger in the car which was given at a later time and the language looks more than coached. A statement from the witness which was emailed at a later time. Any advice on how I should proceed or whether the lack of a statement from the other driver will benefit me? Thanks in advance.
In late December I was driving along a street in Richmond Hill at around 10:00am. I was behind a Ford SUV. As we approached a traffic light it turned amber, the suv immediately hit it's brakes causing me to try for the same, unfortunately due to black ice I was not able to stop successfully in time. The suv had pretty much zero damage while my car wasn't so lucky.
After the accident, I immediately went to the suv where the driver and her son were emerging. I asked if they're ok and the driver replies with "I'm sorry I braked late". I said that's not important right now but are you ok. Everyone was fine but a little shaken up. A witness from another vehicle approached offering water. When I was questioned by an officer, I made mention of the driver saying this to me.
Months later and I finally receive my disclosure only to find the police never took any statement from anyone at the scene except myself. Not only that, but they never bothered to get a statement from the other driver at any point. There is a statement from her son who was the passenger in the car which was given at a later time and the language looks more than coached. A statement from the witness which was emailed at a later time.
Any advice on how I should proceed or whether the lack of a statement from the other driver will benefit me?
The police are not required to take statements from everyone. If they have the grounds then the charge can be laid and it sounds like you provided that. The law says it is your responsibility to be able to stop. Whether Careless is the correct charge is one for the court to decide - I'm sure you could get that changed to Fail To Turn Out To Avoid A Collision.
The police are not required to take statements from everyone. If they have the grounds then the charge can be laid and it sounds like you provided that. The law says it is your responsibility to be able to stop. Whether Careless is the correct charge is one for the court to decide - I'm sure you could get that changed to Fail To Turn Out To Avoid A Collision.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
The following thread started out talking about follow too closely, but then careless came up so you might want to read it: http://www.ontariohighwaytrafficact.com ... tml#p36951 Then you might want to read this: http://www.ontariohighwaytrafficact.com/topic7039.html And this: http://www.ontariohighwaytrafficact.com/topic7032.html
The following thread started out talking about follow too closely, but then careless came up so you might want to read it:
I appreciate the prompt responses. So when I go to trial, who is providing evidence against me since the officer wasn't there at the time of the accident and the other driver never gave a statement. Can a passenger (her son) statement carry that much weight? Especially with my opinion of the driver stopping suddenly?
I appreciate the prompt responses.
So when I go to trial, who is providing evidence against me since the officer wasn't there at the time of the accident and the other driver never gave a statement. Can a passenger (her son) statement carry that much weight? Especially with my opinion of the driver stopping suddenly?
Anybody giving evidence has to be there in person. So the son would have to be there. And they could in theory contact the other people involved and ask for further statements and ask them to testify. So I would choose the NOT GUILTY option for a TRIAL with the Officer present, and then once you get a trial date you need to request disclosure which will include the officers notes as well as statements and will-says of all witnesses. Once you get these then you will better know who has to be there to give the evidence. They can also try to use your own statement against you as well. But the Charter guarantees you the right not to testify against yourself (unless you VOLUNTEER the information). Of course you were REQUIRED/COMPELLED to give the police officer a statement yourself because you know the law says you have to do so after an accident (otherwise you can be given additional tickets), and therefore the information and statement you gave was not voluntary and you can then argue that therefore they should not be able to present it as evidence.
Anybody giving evidence has to be there in person. So the son would have to be there. And they could in theory contact the other people involved and ask for further statements and ask them to testify. So I would choose the NOT GUILTY option for a TRIAL with the Officer present, and then once you get a trial date you need to request disclosure which will include the officers notes as well as statements and will-says of all witnesses. Once you get these then you will better know who has to be there to give the evidence.
They can also try to use your own statement against you as well. But the Charter guarantees you the right not to testify against yourself (unless you VOLUNTEER the information). Of course you were REQUIRED/COMPELLED to give the police officer a statement yourself because you know the law says you have to do so after an accident (otherwise you can be given additional tickets), and therefore the information and statement you gave was not voluntary and you can then argue that therefore they should not be able to present it as evidence.
This might seem like a silly question but does Provincial Courts and more specifically the Prosecutor use or acknowledge "Agreed Statement of Facts"? I know they do in criminal court but cannot recall if they do in this particular court setting.
This might seem like a silly question but does Provincial Courts and more specifically the Prosecutor use or acknowledge "Agreed Statement of Facts"?
I know they do in criminal court but cannot recall if they do in this particular court setting.
I suppose it is something that could be used if necessary but I personally have never seen or heard anybody use one in Provincial Offences court before.
I suppose it is something that could be used if necessary but I personally have never seen or heard anybody use one in Provincial Offences court before.
I was stopped for allegedly doing 122 in a 90. I requested disclosure and like most received the minimum. The notes are just a photo copy with no explanations or typing. Only received parts of the manual that pertain to testing. Appears the officer was using a "Laser Atlanta Speed Laser", but no model or serial number is referenced in the notes. Testing is noted in two times written at the…
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly…
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for…
I thank you in advance for the opportunity to share my concern here with you and also ask for help . I have a portfolio for 21 years, 16 years in class A / Z and with my Abastract / CVOR record both clean. I was stopped by an OPP on HWY 6 towards Tobermory, On just because I was above the allowed highway limit. According to the policeman, he told me that I reached 130km / h in an…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I was going southbound on 427 and exited at Queensway (Toronto). I needed to make a right turn and it is no right turn on red. So I stop on red light. There were 3 cars in front of me. I get the green arrow pointing right. So the cars turn right and when I was turning the green arrows just turned off. There was no amber. It just turned off. So I get pulled over…
Back on august 28th around 7 40 in the morning I got pulled over by a cop in a car that was not legally registered for the road yet, Stupid as it was i was literally just taking it for a drive on my street because it was sitting for so long My street is a residential street so i didn't think i cop would be turning on it anytime soon. But of course i got unlucky. He got me gave me 3 tickets. By…
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes.
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where…
Just bought my 1st GPS. Pretty decent little outfit. Have used it on a couple of short trips and got me to the destintation properly.
I have taken it to work recently and it is not as accurate as I first had hoped. The calculation of my vehicle speed is off by 2km/hr (GPS reads high). When stationary in many locations, it does not place me exactly where I am parked. On 2 different times it…
HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week…
Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:
10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
I wasn't quiet sure where this should go, so I am going to try here.
I am 25 years old, and I have had my G2 license since March 2010. I haven't upgraded to my full G only out of not really having the time nor cash to do it as of yet. In early February of this year I was pulled over by an OPP at a RIDE program and blew a 0.031 BAC. I was unaware at the time that I was supposed to have a BAC…
I was involved in an accident last month. I was proceeding along a street with cars parked adjacent to the curb. Approaching an intersection I saw a large truck and trailer parked against the curb (no brake lights, or turn signals) so I presumed he was parked there. I approached the intersection, following the same path as all the other traffic, just to the right of the centre line. When I…
I have received 2 pieces of paper on the door of my home within the last week. Looks like I am being summons to witness for an accident where the other driver was at fault last year. (He hit me and was charged at the scene).
I'm just wondering if anyone knows how many attempts they will make to serve me, or if they will keep trying until they do ?
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
Highway 21 is often closed in the winter. I and a lot of other people need to cross Highway 21 to get to work. Several people have told me that if a highway is closed, it's not only illegal to drive along the highway, but to cross it on any intersecting road, because while you cross it you're technically driving on a closed road.
Hi all, I was ticketed for this offense while on a bicycle where I "turned left" at a red light without first coming to a complete stop at the red light. It was a T-intersection where I was facing the straight through lanes (4 lanes, two in each direction) and a side street came in from the right only (2 lanes, one in each direction), and no vehicles or pedestrians were entering from the right at…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation sticker on the back as required but gave him one of the blank copies by accident. He came back with…