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.
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.
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. 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. Case dismissed... unless the officer was a collision reconstruction expert (not likely). 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?) 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.
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.
* 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
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.
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.
* 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 was at my parents' house in Mississauga early this week, and my mother told me about this SUV which always parks down the street for four to six hours a day, headlights on and the occupants inside. When she takes her afternoon walk, she will usually see a man and a woman inside smoking or…
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) when one officer asked me what I was doing (my bf was also…
We are living in the age of digital video. HD 720p and 1080p CRYSTAL CLEAR Video. If a picture is worth a thousand words, then a video is worth a million.
I had video evidence for a case but it was not accepted. I apparently did not submit it properly/ at the right time. Despite this I had my ticket…
According to current regulations, no electric car can be driven in Ontario (and anywhere else in Canada except BC). Do you find it somewhat ridiculous that, despite all the fanfare about the environmentally friendliness talk, and high gas prices moans, we cannot use the most…
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
I might be moving from Manitoba to the Ottawa area.
My question is, I drive a 4x4 truck and my summer tires stick out beyond the fenders about 1.5-2inches. Is that illegal in Ontario? If so will installing fender flares take care of the problem? Also the truck has True dual exhaust (2 pipes from…
Okay so while at school today i parked on a residential street in Hamilton Ontario. the person in front of me did not pull up very far so i was forced to park fairly close to the driveway of the house i was in front of. I got out to make sure they had plenty of room to drive out if they wanted to,…
Just wondering if I can get some help on what to do for this ticket. I have a court date on August 17th. I simply cannot afford this. I haven't had an offence in years, and pay attention to my speeds now. One night when I was too focused on the road and not the speedometer, I get pulled…
I got pulled over for doing 147 in a posted 90 zone on hwy 17 heading east towards Ottawa where I live. My car was impounded for 7 days and the officer took my licence. I'll probably go with one of those traffic ticket places. I don't feel like driving to North Bay 4 or 5 times.
