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Ontario Highway Traffic Act

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Incorrect info on Accident Report. Can case be thrown out?
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PostPosted: Thu Feb 12, 2015 8:32 pm 
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Joined: Thu Feb 12, 2015 8:08 pm
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I was involved in a fairly straightforward rear-ender with another vehicle as we were approaching a T intersection. The light was green and we were in the right lane (to turn right) with 2 other cars ahead of us. For whatever reason the car ahead of me braked all of a sudden (I'm not sure what was happening with the other 2 cars ahead as to why the other driver braked) but I rear-ended the vehicle ahead of me. Even though there was no visible damage to the car I hit (and only a small crack on my bumper) the other driver called 911. Long story short, the officer charged me with 'careless driving'. I was given a ticket to appear in court as a summons and was also given an 'Accident Report' by the officer which basically just had the information of myself and the other driver on it. I noticed that under the other drivers' information, the officer listed their license plate with my plate number! (My plate was written correctly as obviously this same number). My question is - if I show up for my summons and present this 'Accident Report' to the prosecutor, can I have the charge withdrawn on this simple technicality - that the car I hit was written down with MY license plate number? Or will they say no and my best bet is to appeal for a lesser charge? - 'Failure to turn to avoid accident' for example?
Thank you very much for your responses!


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Re: Incorrect info on Accident Report. Can case be thrown ou
PostPosted: Thu Feb 12, 2015 9:21 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
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If you choose to go to trial; the accident report will not be used to convict you. The officer will subpoena the other driver. That driver will be the crown witness and will testify under oath as to the details of the accident.

The license plate discrepancy recorded on the MVAR has nothing to do with the charge.

If the other driver shows up to your trial, you could take a lessor charge. Normally for rear-end collision that have minimal damage and no injuries the crown amends it to

HTA 141(5) Left turn ‑ fail to afford reasonable opportunity to avoid collision $110 fine + 3pts


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Re: Incorrect info on Accident Report. Can case be thrown ou
PostPosted: Thu Feb 12, 2015 9:53 pm 
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Joined: Thu Feb 12, 2015 8:08 pm
Posts: 5
Thank you so much for the reply! So on the day I show up for my summons, how do I actually proceed? Is it actually the prosecutor that I have to appear before initially? Do I then give my version of what happened and then wait for him to (hopefully) lower the charge? Or do I start off by stating that I wish to plead guilty only to the lesser charge that you stated above and hopefully he agrees to it? Also, regarding the charge that you stated, it pertains to "Left turn...". Is there an identical charge for "Right turn...."?
Thanks again!


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