I was involved in a collision where I was going straight as I had a green light and other car coming out at red light from right side of the intersection. We had a T-bone collision. One witness who says she was behind the other accident car said that we went through the red light. We did not have any witnesses on our side. It was a quite sunny day when there was not much traffic movement. Cops were called and he recorded my, other driver and witness's statement. He then came over to me and gave me an offence report with charges of "Disobeying the red light". When I questioned, they said it is based on statement of an independent witness.
There is a bus stop at that intersection and I clearly remember that there were people standing and waiting for bus at the time of accident. I just went blank after the accident and could not think of anything. I am confused about the responsibility of police officer. Isn't it the responsibility of cops to collect all the evidence? I am thinking now that police should have asked those people who were waiting for bus rather than just making the decision based on the statement of witness who came voluntarily. Police never questions the credibility of witness.
We have an early resolution meeting coming up soon. I have tried to consult various paralegal and none of them is convinced to go for a trial. They said we would likely lose in trial because of witness. They are giving us an option that they could get us a plea deal (reduce demerit points + different charge + possibly less fine). I do not know which way to go. Should i take a deal or go for a trial? What are the odds of winning a trial? Taking a deal will still mean that we are pleading guilty and will significantly increase our insurance.
Please share your experience and knowledge.
This is how the police in Ontario work. They go with what ONE witness says whether they're telling the truth or not. Why because they're lazy and gullible to believe any witness who comes forward. Are you able to get the other party's statements and did the cop give you any info on this "witness" such as contact details??
Thanks supadriva14. I have requested for the disclosure on day we got a meeting date. But what can we do with the contact details of witness, can we approach her and ask why she gave false statement?
Does this "witness" have any affiliation with the driver in any way. Were they really at the scene when it happened or maybe they mismatched the vehicles and thought you were the driver that ran through the light when it was actually the other guy. I won't know. Do you remember how long police took to arrive at the scene because knowing them I'm almost certain they did not arrive right away. Also did you see this witness at the scene right away after the crash??
No, police says she is independent of either of the drivers. She claimed to be driving behind the other accident car which came in front of us. She was at a scene right after the collision. I did not see her before the collision. She was there before police came. Police came within 4-5 minutes of the accident. But this witness surely stayed for most of the time at accident scene. I was like she is so idle. If i was her, i would have left giving my statement but she stayed for almost an hour.
Can someone tell that what level of infarction is red light ticket with accident considered? I would like to know for early resolution in case prosecutor offers me a plea deal, i could decide whether to accept it or not.
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