Is incorrect charge a fatal error?

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Joined: Mon Oct 25, 2010 10:25 pm

Is incorrect charge a fatal error?

by: marked on
Mon Jan 10, 2011 4:31 pm

A friend of mine was recently in an accident.

He was turning left at a stop sign. It was left or right, no road straight again. He was hit by a vehicle approaching from the left. He was charged under 141(5) - which, I believe, is incorrect as it described avoiding collision from a vehicle coming from an approaching vehicle (straight ahead). I think the right charge should have been turn not in safety - 142(1).

He is going to meet with the prosecutor. I realize this isn't a fatal error, but is a critical one. Are they likely to just amend the charge (same $, same demerit) or withdraw the ticket altogether?
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