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Ontario Highway Traffic Act

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Minor Rear End Collsion
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PostPosted: Sun Jan 03, 2010 12:46 pm 
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I was involved in a minor car accident in the province of Ontario where I lost focus and rear-ended the vehicle in front of me. Although it was a very minor collision, with little to no damage to both cars, police were called to the scene by the other driver who claimed he was injured and I was issued a ticket for careless driving. I decided to challenge the offence and now have an upcoming court date. I have the following questions

1) I understand I have to enter a plea to the prosecuter before entering the court room. Should I agree to a lesser offence (if one is offered) or continue with a not-guilty plea if I'm not sure if the officer and other driver showed up?

2) What if the other driver doesn't show? My insurance company had called me and told me that the other driver hasn't made an injury claim (this was about 5 days after the accident), and that his name and policy number isn't listed with his insurer. Can I use this information in court?

3) Unfortunately I didn't request disclosure and my trial is coming up in the next week. Is it in my best interest to look into services like XCopper or similar?

This is my first accident and traffic violation and I realize that I didn't make proper preparation for the trial. I apologize if these are stupid questions but so far the incident has been a bit of a headache. Any input is appreciated.


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PostPosted: Sun Jan 03, 2010 10:54 pm 
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mirkman wrote:
1) I understand I have to enter a plea to the prosecuter before entering the court room.


You only plead guilty/not guilty to the JP, not the Prosecutor. What you are doing in advance of the actual start of the trial is arranging a plea-bargain.

mirkman wrote:
Should I agree to a lesser offence (if one is offered) or continue with a not-guilty plea if I'm not sure if the officer and other driver showed up?


You could go for "following too closely" or, better yet, "fail to turn left to avoid a collision." The first one is $110 and four demerit points; second one, I think, is same fine but 2 demerit points - but don't quote me. See if they offer it.

mirkman wrote:
2) What if the other driver doesn't show?


Case dismissed... unless the officer was a collision reconstruction expert (not likely).

mirkman wrote:
My insurance company had called me and told me that the other driver hasn't made an injury claim (this was about 5 days after the accident), and that his name and policy number isn't listed with his insurer. Can I use this information in court?


Why not? If you're trying to discredit him, use it - if you have proof. (Sir, which insurance company were you under at the time? Really - I have proof that you were not. Were you driving without valid insurance?)

mirkman wrote:
3) Unfortunately I didn't request disclosure and my trial is coming up in the next week. Is it in my best interest to look into services like XCopper or similar?


For this charge I'd always recommend a professional, but they'd have to scramble to request an adjournment on your behalf so they can prepare a case. You can call them and see what they say. In all likelihood, they'd plead it down given the lack of time they'd have to prepare.

Disclosure usually takes 6-8 weeks to prep and your only option at this point, if a paralegal won't take you on, is to either plea-bargain yourself or ask for an adjournment so you can make a full disclosure request. The adjournment would have to be pre-emptory on you, so there would be no way that an 11B (unreasonable delay of trial) motion would work down the road.

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* 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


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PostPosted: Mon Jan 04, 2010 4:00 am 
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Again, this may be a stupid question, but what's in it for the other driver to take time and appear in court?


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PostPosted: Mon Jan 04, 2010 12:34 pm 
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mirkman wrote:
what's in it for the other driver to take time and appear in court?


If he's been ordered/subpoenaed to appear, and fails to do so, he can go to jail. Realistically, though, the Crown would just drop the charge and let it go, so the only advantage for him would be more of an intangible one (helping them convict you) than anything.

Plan for him to be there.

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* 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


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