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Last minute advice needed (trial in 2hrs) - careless driving
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PostPosted: Thu Nov 17, 2011 12:04 pm 
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Joined: Thu Nov 17, 2011 11:56 am
Posts: 3
Hi everyone,


I know this is very last minute (trial is in 2.5 hours), and I probably shout have got a paralegal, but I cant change the past so now I just want some last minute advice.

In Feb, I was involved in a car accident. I do not remember how it happened, but I remember stopping at a red light, and next thing I remember is looking up and realizing I was in the middle of an intersection and getting t-boned by a TTC bus. My car was totalled. The bus was empty, so no one received injuries.

I on the other hand, underwent 2 surgeries, lost 20in of my intestines and spent a month in the hospital.

The charge I got was careless driving. Police officer said I broke a red light.

My first trial date was Aug 2nd. When the police officer showed up, he said he had received notice 2 weeks prior to the date and did not have sufficient time to prepare a disclosure or bring the witness. The prosecutor asked for an adjournment and got it. The JP also told me to ask for a disclosure as it would help me, so I did that day.

The trial is today - I have not received disclosure yet. What is my best option?

1) ask for an adjournment based on not receiving disclosure? (JP might say I had not asked it for the first date, and I did not follow up for the second) - I am really hoping this works so that I can get a paralegal for the next date
2) explain my situation to the prosecutor and plead guilty (the police officer told me the day of the accident at the hospital that he would reduce it to a "couple of demerit points and $100)
3) ask for dismissal based on 11b (not receiving disclosure in due time)

Hopefully someone checks this and can give some prelim advice.

Thanks!


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Re: Last minute advice needed (trial in 2hrs) - careless dri
PostPosted: Thu Nov 17, 2011 12:21 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
1) I think an adjournment would be reasonable since you're just receiving disclosure today. You could certainly request one and explain you wish to retain representation.
2) If you plead guilty to careless, you'll still receive 6 demerit points, that can't be changed. You'll have to see if the Crown is willing to offer you a plea to a lesser offence, like fail to stop for red light.
3) Nine months is not sufficient for an 11b in my opinion, and you only requested disclosure 3 months ago.


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Re: Last minute advice needed (trial in 2hrs) - careless dri
PostPosted: Thu Nov 17, 2011 6:02 pm 
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Joined: Thu Nov 17, 2011 11:56 am
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UPDATE - the witness did not show up, and I discussed my situation (surgeries, medical issues as a result of accident) to the prosecutor and police officer. The case was withdrawn.

Question here - what impact does this have on the "at-fault" rules in terms of insurance? Can I challenge my insurance company given the case was withdrawn?


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Re: Last minute advice needed (trial in 2hrs) - careless dri
PostPosted: Fri Nov 18, 2011 11:54 am 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
I believe it has no effect for the at fault insurance rules. Plus in this case you were not found not guilty. Or proven that the facts if the accident were not correct. The charges were withdrawn due to a witness not showing up.

OPS


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Re: Last minute advice needed (trial in 2hrs) - careless dri
PostPosted: Fri Nov 18, 2011 12:11 pm 
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Joined: Thu Nov 17, 2011 11:56 am
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OPS Copper wrote:
I believe it has no effect for the at fault insurance rules. Plus in this case you were not found not guilty. Or proven that the facts if the accident were not correct. The charges were withdrawn due to a witness not showing up.

OPS


Thanks.

But does this not mean that the insurance company cannot prove that the facts were true?


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Re: Last minute advice needed (trial in 2hrs) - careless dri
PostPosted: Fri Nov 18, 2011 1:18 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
No, not from my understanding.


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Re: Last minute advice needed (trial in 2hrs) - careless dri
PostPosted: Fri Nov 18, 2011 1:44 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Agree with Stanton. The Fault Determination Rules don't look at whether or not the charge was withdrawn in court. The only look at the circumstances of the collision itself. If the "circumstances" proven in court are different, then you could go to your insurance company and try to get the situation re-assessed. The conviction would only further affect your insurance rates, in addition to the "at fault" collision.

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