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Ontario Highway Traffic Act

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Hit Pick Up Head On
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PostPosted: Wed Apr 13, 2011 4:17 pm 
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Joined: Wed Apr 13, 2011 3:38 pm
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My son was involved in a collision in February. He was driving a Hyundai Accent and hit a Dodge Pick Up Truck head on. Needless to say, he didn't win that tangle. His car was totally destroyed and he suffered life threatening injuries. He did survive but ended up with 2 broken legs, ankles, broken knee cap, broken clavicle.... the 2 in the truck were "treated for injuries and released".

He does not have a lot of memory of the actual crash itself (sometimes the brain does not want you to remember) but he does remember his car spinning out of control and there being a bit of snow on the median right before it happened.

He is fighting the ticket and has a lawyer as he facing major rehab... he is asking for all of the notes involved, witness statements, accident report from OPP, tapes of any 911 calls made... everything he can think of.

Here is the main question: The OPP "seized" his car after and held it for a week. According to some documents we already have from the OPP, they obtained a search warrant to do "a mechanical inspection" of his car. Should he not have received a copy of the search warrant BEFORE the search?? Has anyone ever had this done to them after an accident?

Also, is CD a stricly mens rea offense or not??? Also the night of the accident, an OPP came to the hosptial and tried to question him while he was fighting for his life for crying out loud. He told him THAT night he was being charged with Careless and asked if he wanted to say anything, he told him "NO"! Six days later, the investigating officer came to the hospital (out of town from the accident) and gave him the ticket. It is a Part 3 ticket so his 1st appearance is April 19th, same day he gets his casts off, so his counsel is going for him.

Any thoughts?? Any insight as to what we should expect with the process, disclosure etc. We think there should be a lot since the road was closed for over 7 hours after!

Thanks for any advice! Just found this by googling!!!!


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Re: Hit Pick Up Head On
PostPosted: Wed Apr 13, 2011 7:29 pm 
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All above questions should be directed to the lawyer that you have hired. The lawyer should easily be able to walk you thru what he/she is doing and the process for that particular court.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Hit Pick Up Head On
PostPosted: Thu Apr 14, 2011 1:27 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
theweave wrote:
Here is the main question: The OPP "seized" his car after and held it for a week. According to some documents we already have from the OPP, they obtained a search warrant to do "a mechanical inspection" of his car. Should he not have received a copy of the search warrant BEFORE the search?? Has anyone ever had this done to them after an accident?


Mechanical inspections are relatively common in any accident involving serious or fatal injuries. There is no requirement to serve the warrant on the vehicle owner prior to executing the search, especially if they are not present. A copy of the warrant would most likely be provided to you or your attorney in disclosure. All that matters is that the warrant is (was) valid.


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