Yesterday evening I was stopped in line at a red light. About a dozen cars were in front of me. I had a safe distance between the car in front of me. I could see its tires on the pavement. I saw the light turn green, and a few seconds later the car in front of me released the brakes and rolled forward. I let off my brake and rolled forward. A moment later, the car in front slammed its brakes on. I hit my brakes and came to a stop with enough space for me to still see the license plate of the vehicle. Just then I was rear-ended hard and was pushed into the car in front of me. We all got out. I checked my front end and the car I was hit into first. My car was fine. Her car had a small indentation from the screw of my license plate. I checked my backend, and it was marked up with paint from the car that hit me. Nothing major. I have an old 97 car, so I wasn't concerned with damage. The car that hit me, hit me with such force that his air bag deployed. Because of the air bag deployment, the woman in the car in front of me called 911. While we were waiting, the driver who hit me stated that he wasn't paying attention and didn't brake at all. An hour later an off duty firefighter came by us and was surprised that no emergency vehicles were on the scene yet. He radioed for fire, which showed up in less than 3 minutes. a few minutes later EMS arrived. Fire crews checked the cars for leaking fluids (none) and EMS checked me and the driver behind me. No problems. 1 hour later, police arrived on the scene. When the office arrived, the first thing she did was take our license, insurance and registration and return to her cruiser. A few minutes later she returned and told the car I was hit into that she could leave. The officer then returned to her cruiser. Minutes later she returned to speak to the other driver and myself. She stated that we were both being charged with careless driving, handed us our tickets and told me that I could leave now. The other car needed to be towed away. I was shocked that the officer did not take any statements from any of us. At no point did she ask any of us what happened. I do not believe that I should be charged at all. Not with following too close, let alone careless. I feel that I demonstrated that I was not following to close when I managed to come to a stop without hitting the car in front of me. The only reason that I hit the car in front was that the force I was hit with. I want all charges dropped. Does anyone have any suggestions as to what I should do now? Does it sound like I was at fault? Do I contact the police department to file a statement? Do I take option 2 (meet with prosecutor), or 3 (trial)? Should I hire a firm like XCopper or POINTTS? I have been driving for 15 years, and had two minor speeding charges 10 years ago. This is my first collision.
Yesterday evening I was stopped in line at a red light. About a dozen cars were in front of me. I had a safe distance between the car in front of me. I could see its tires on the pavement. I saw the light turn green, and a few seconds later the car in front of me released the brakes and rolled forward. I let off my brake and rolled forward. A moment later, the car in front slammed its brakes on. I hit my brakes and came to a stop with enough space for me to still see the license plate of the vehicle. Just then I was rear-ended hard and was pushed into the car in front of me.
We all got out. I checked my front end and the car I was hit into first. My car was fine. Her car had a small indentation from the screw of my license plate. I checked my backend, and it was marked up with paint from the car that hit me. Nothing major. I have an old 97 car, so I wasn't concerned with damage. The car that hit me, hit me with such force that his air bag deployed. Because of the air bag deployment, the woman in the car in front of me called 911. While we were waiting, the driver who hit me stated that he wasn't paying attention and didn't brake at all.
An hour later an off duty firefighter came by us and was surprised that no emergency vehicles were on the scene yet. He radioed for fire, which showed up in less than 3 minutes. a few minutes later EMS arrived. Fire crews checked the cars for leaking fluids (none) and EMS checked me and the driver behind me. No problems. 1 hour later, police arrived on the scene.
When the office arrived, the first thing she did was take our license, insurance and registration and return to her cruiser. A few minutes later she returned and told the car I was hit into that she could leave. The officer then returned to her cruiser. Minutes later she returned to speak to the other driver and myself. She stated that we were both being charged with careless driving, handed us our tickets and told me that I could leave now. The other car needed to be towed away. I was shocked that the officer did not take any statements from any of us. At no point did she ask any of us what happened.
I do not believe that I should be charged at all. Not with following too close, let alone careless. I feel that I demonstrated that I was not following to close when I managed to come to a stop without hitting the car in front of me. The only reason that I hit the car in front was that the force I was hit with. I want all charges dropped.
Does anyone have any suggestions as to what I should do now? Does it sound like I was at fault? Do I contact the police department to file a statement? Do I take option 2 (meet with prosecutor), or 3 (trial)? Should I hire a firm like XCopper or POINTTS?
I have been driving for 15 years, and had two minor speeding charges 10 years ago. This is my first collision.
Id start by requesting disclosure to see what evidence the officer has to support a careless driving charge. Based on what youve said, I certainly dont feel the charge is warranted nor would you be convicted. First attendance meeting might not hurt, see what the Crown says. If they feel the charge is unwarranted they might simply withdraw it.
Id start by requesting disclosure to see what evidence the officer has to support a careless driving charge. Based on what youve said, I certainly dont feel the charge is warranted nor would you be convicted. First attendance meeting might not hurt, see what the Crown says. If they feel the charge is unwarranted they might simply withdraw it.
I'd get a paralegal involved as well. Certainly from your description, I don't believe that you should have been charged with Careless Driving. However, as Careless Driving is a very serious charge with some pretty heavy implications for insurance etc., I'd get some sort of professional representation. Unless the officer was a collision reconstruction expert, the fact that no witness statements were taken is not going to be particularly helpful for the Prosecutor's case, if they decide to pursue it.
I'd get a paralegal involved as well. Certainly from your description, I don't believe that you should have been charged with Careless Driving. However, as Careless Driving is a very serious charge with some pretty heavy implications for insurance etc., I'd get some sort of professional representation. Unless the officer was a collision reconstruction expert, the fact that no witness statements were taken is not going to be particularly helpful for the Prosecutor's case, if they decide to pursue it.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
n00b questions. 1) Can I request a disclosure before submitting my response to the charge? Mainly, do I have to pick option 2 or 3 first? 2) If I request a first attendance meeting (option 2) does that mean I am pleading guilt of some sort? If I do not like the outcome of the meeting with the prosecutor, can I then request a trial date?
Stanton wrote:
Id start by requesting disclosure to see what evidence the officer has to support a careless driving charge. Based on what youve said, I certainly dont feel the charge is warranted nor would you be convicted. First attendance meeting might not hurt, see what the Crown says. If they feel the charge is unwarranted they might simply withdraw it.
n00b questions.
1) Can I request a disclosure before submitting my response to the charge? Mainly, do I have to pick option 2 or 3 first?
2) If I request a first attendance meeting (option 2) does that mean I am pleading guilt of some sort? If I do not like the outcome of the meeting with the prosecutor, can I then request a trial date?
Another question I can't seem to find on here. If I go with Option 2 (Early Resolution) can I file for disclosure? If so, when?
MegaSilver wrote:
n00b questions.
1) Can I request a disclosure before submitting my response to the charge? Mainly, do I have to pick option 2 or 3 first?
2) If I request a first attendance meeting (option 2) does that mean I am pleading guilt of some sort? If I do not like the outcome of the meeting with the prosecutor, can I then request a trial date?
Another question I can't seem to find on here. If I go with Option 2 (Early Resolution) can I file for disclosure? If so, when?
No - you have to pick 2 or 3 first. If it specifies "First Attendance meeting," then no. However, if it says "plead guilty with an explanation," then yes you are pleading guilty. If you go with Option 2, you can file for disclosure as soon as you get a First Attendance date - or even sooner (wait a couple of weeks).
MegaSilver wrote:
1) Can I request a disclosure before submitting my response to the charge? Mainly, do I have to pick option 2 or 3 first?
No - you have to pick 2 or 3 first.
MegaSilver wrote:
2) If I request a first attendance meeting (option 2) does that mean I am pleading guilt of some sort? If I do not like the outcome of the meeting with the prosecutor, can I then request a trial date?
If it specifies "First Attendance meeting," then no. However, if it says "plead guilty with an explanation," then yes you are pleading guilty.
If you go with Option 2, you can file for disclosure as soon as you get a First Attendance date - or even sooner (wait a couple of weeks).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I received my date for Early Resolution (May 9th) in the middle of February. I faxed in a request for disclosure a few days later (Feb 19th). I still have not heard anything. Been 5 weeks now. I'll send in another request at 6 weeks from last request.
I received my date for Early Resolution (May 9th) in the middle of February. I faxed in a request for disclosure a few days later (Feb 19th). I still have not heard anything. Been 5 weeks now. I'll send in another request at 6 weeks from last request.
I received my disclosure last week. I have an early resolution meeting on Thursday. A few points of interest. In the officers notes, she makes notes of the damage to my car being on the front bumper. I had no damage to my front bumper. My REAR bumper is damaged with the impression of the licence plate from the car behind me. 4 1/2 months later I can still read the mirror image of the license plate. Don't think that matters, as the officer was not a witness, so discrediting her won't serve a purpose, right? Enclosed is also the statement of the car collided with. Here is an edited version of that: "On December 13th, 2012 at approximately 5:08am I was driving my white Nissan with licence plate <retracted> south bound on the <retracted> Street bridge towards <retracted> Crescent. The light was green but there was a lot of traffic. I was slowing down, almost at a complete stop and then I got rear-ended. Then another car rear-ended the car that hit me. I did not receive any injuries and the damages to my car were very minimal. I waited until Police arrived." Now, that is not the same scenario that I observed. Guess that's up for debate. My case basically comes down to if she felt one bump or two. If she doesn't show at court, does the crown lack any evidence, forcing them to drop charges? In court, I plan to discredit her testimony. In the 2 hours we spent waiting for police to arrive, I got to talk to both of them. I plan on asking her things about me that we discussed to see if she can remember all those details. If she can't clearly remember all the details we discussed, perhaps she didn't remember the details of the collision correctly? Her daughter was also involved in a traffic accident that night. She was shaken up over that situation also. Her mind was probably not very clear. Also, the driver behind me sat in her car for a long period of time while we waited for police. I found out that they work in the same office together!! Sounds like she may have altered her statement to support her co-workers case.
I received my disclosure last week. I have an early resolution meeting on Thursday. A few points of interest. In the officers notes, she makes notes of the damage to my car being on the front bumper. I had no damage to my front bumper. My REAR bumper is damaged with the impression of the licence plate from the car behind me. 4 1/2 months later I can still read the mirror image of the license plate. Don't think that matters, as the officer was not a witness, so discrediting her won't serve a purpose, right?
Enclosed is also the statement of the car collided with. Here is an edited version of that:
"On December 13th, 2012 at approximately 5:08am I was driving my white Nissan with licence plate <retracted> south bound on the <retracted> Street bridge towards <retracted> Crescent. The light was green but there was a lot of traffic. I was slowing down, almost at a complete stop and then I got rear-ended. Then another car rear-ended the car that hit me. I did not receive any injuries and the damages to my car were very minimal. I waited until Police arrived."
Now, that is not the same scenario that I observed. Guess that's up for debate. My case basically comes down to if she felt one bump or two. If she doesn't show at court, does the crown lack any evidence, forcing them to drop charges? In court, I plan to discredit her testimony. In the 2 hours we spent waiting for police to arrive, I got to talk to both of them. I plan on asking her things about me that we discussed to see if she can remember all those details. If she can't clearly remember all the details we discussed, perhaps she didn't remember the details of the collision correctly? Her daughter was also involved in a traffic accident that night. She was shaken up over that situation also. Her mind was probably not very clear. Also, the driver behind me sat in her car for a long period of time while we waited for police. I found out that they work in the same office together!! Sounds like she may have altered her statement to support her co-workers case.
Just got back from the courthouse from my early resolution meeting. Going in, my wife was pushing me to take a lesser charge and move on with it. I was adamant that I did nothing wrong, and didn't want to plea guilty to anything. So, this morning I sat in the waiting room. People were being called into 1 of the 2 offices to meet with the prosecutor. After virtually everyone had gone in, one of the prosecutors asks if anyone hasn't been seen. So, I met with him. I stated that I did not agree with the statement giving by the first driver, and gave my recollection of the events. He agreed that careless wasn't a warranted charge, but could not dismiss the charge. We agreed to take it to court. I went back into the waiting room. My name was then called by the other prosecutor. I went in and met with her. She offered me failing to turn left to avoid collision and an $85 fine. I accepted and went into the court room. I watched as others stepped up and pleaded guilty to a lesser charge, and a few going to trial. When I was called up, the 1st prosecutor was present and stated that in previous discussions we wished to go to trial. I stated that I had met with the other prosecutor and had accepted a lesser charge. This threw the prosecutor, and the judge then asked me to sit down and wait for the prosecution to sort things out. When I got called up again, the prosecutor said we had agreed to a lesser charge or failing to turn left to avoid. The judge asked how I plea. After I pleaded guilty, the prosecutor stated the "facts" of the case. He essentially said back what I had told him earlier! My story of events! The judge caught that and said he didn't understand why I would be charged under careless or failure to turn left. If I had stopped, how could I turn left? And how was that careless? He dismissed the charge! The prosecutor tried to have him accept my earlier plea, but he stuck with his dismissal! A huge win for me!
Just got back from the courthouse from my early resolution meeting. Going in, my wife was pushing me to take a lesser charge and move on with it. I was adamant that I did nothing wrong, and didn't want to plea guilty to anything. So, this morning I sat in the waiting room. People were being called into 1 of the 2 offices to meet with the prosecutor. After virtually everyone had gone in, one of the prosecutors asks if anyone hasn't been seen. So, I met with him. I stated that I did not agree with the statement giving by the first driver, and gave my recollection of the events. He agreed that careless wasn't a warranted charge, but could not dismiss the charge. We agreed to take it to court. I went back into the waiting room. My name was then called by the other prosecutor. I went in and met with her. She offered me failing to turn left to avoid collision and an $85 fine. I accepted and went into the court room.
I watched as others stepped up and pleaded guilty to a lesser charge, and a few going to trial. When I was called up, the 1st prosecutor was present and stated that in previous discussions we wished to go to trial. I stated that I had met with the other prosecutor and had accepted a lesser charge. This threw the prosecutor, and the judge then asked me to sit down and wait for the prosecution to sort things out.
When I got called up again, the prosecutor said we had agreed to a lesser charge or failing to turn left to avoid. The judge asked how I plea. After I pleaded guilty, the prosecutor stated the "facts" of the case. He essentially said back what I had told him earlier! My story of events! The judge caught that and said he didn't understand why I would be charged under careless or failure to turn left. If I had stopped, how could I turn left? And how was that careless? He dismissed the charge! The prosecutor tried to have him accept my earlier plea, but he stuck with his dismissal!
Nice win for you! That part bugs me. The Crown certainly can withdraw a charge if they feel it's unwarranted or the evidence doesn't support it. Not sure if they were just trying to placate you or what, but glad it worked out in the end.
Nice win for you!
MegaSilver wrote:
He agreed that careless wasn't a warranted charge, but could not dismiss the charge.
That part bugs me. The Crown certainly can withdraw a charge if they feel it's unwarranted or the evidence doesn't support it. Not sure if they were just trying to placate you or what, but glad it worked out in the end.
Not just CAN withdraw a charge, but MUST if there is no reasonable prospect of conviction - per the Crown Policy Manual. To pursue a conviction where there is no reasonable prospect of conviction (because the facts don't support it) would be unethical. That being said, it may well be that the prosecutor did feel there was a reasonable prospect of conviction on careless, even if it wasn't the most ideal charge for the circumstances, so I'm in NO WAY accusing this particular prosecutor of misconduct - obviously I don't know all the facts or what their thought process was. Remember, careless is a pretty broad offence and can, theoretically, cover a wide variety of situations where other offences might also apply. This is just for general information.
Not just CAN withdraw a charge, but MUST if there is no reasonable prospect of conviction - per the Crown Policy Manual. To pursue a conviction where there is no reasonable prospect of conviction (because the facts don't support it) would be unethical. That being said, it may well be that the prosecutor did feel there was a reasonable prospect of conviction on careless, even if it wasn't the most ideal charge for the circumstances, so I'm in NO WAY accusing this particular prosecutor of misconduct - obviously I don't know all the facts or what their thought process was. Remember, careless is a pretty broad offence and can, theoretically, cover a wide variety of situations where other offences might also apply. This is just for general information.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
.