FAIL TO REMAIN. HELP

kapoli
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FAIL TO REMAIN. HELP

by: kapoli on
Fri Aug 26, 2011 3:09 am

I was on my way to work down young street in richmond hill just before Major Mackenzie.
I was going southbound as i tried to go around a parked car(to the right) this truck tried to do the same(from left lane).
I was in his blind spot and he didnt signal or anything just turned slightly and stopped as I kept going.
AM obviously not going to hit the truck because hes closer to the drivers side...
I thought i had enough room on the right side(where parked car was) so I tried going because i didnt have any chance to stop.
I got out of my car as i heard a sound i had hit their car.
I then asked my passenger who i was driving to work if he was fine, and he was.
I got out of my car walked around and looked at the damage my right side mirror top cover fell off and there was slight barley visible paint scratches near the door which i buffed out with a cloth later on.
I didnt care about the other car that was parked, didnt even look at it because no one was inside of it.
AS i saw this to be less than 1000$ damage and no one was hurt I drove off and went to work.
I called my parents and advised them of the situation and they didnt say anything.
I then received a call from them saying a police officer came and got my car info down because someone had reported seeing my plates.
The police officer shortly came to my work and gave me a fail to remain ticket with a summons.
MY CAR WAS NEVER LOOKED AT i had parked it at another place and had another friend drive us to work.
He gave my friend a fail to report as well, no summons or witness for court to help state my case. (real dick move)
The police officer told me that the truck that had cut me off had reported it (*EDIT* did it to cover his ass, cause he knows it was his fault!)
The parked car filed insurance claim against me 2 weeks later and i had no chance to pay the damages myself nor do i know how much was claimed...since i never had their contact information only the police officer had taken it from my parents............
MY court date is tomorrow morning i really need advice PLEASE.
What do i do please dont say get legal aid.... because i know this is serious charge. I graduated police foundations and am looking for same career path i cant afford this to be on my record or i will never find a job. say something to prove to me if i should hire you if your going say anything helpful.

* no one saw damages on my car other than me and my friend inside the car.
what can i do if the police officer doesnt show up?
wheres their reasonable cause or any proof to show i was there and actually did this...or can say that i was even driving....
thinking to ask for full disclosure and push date a little..........reallly stressing over this mess


Stanton
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by: Stanton on
Fri Aug 26, 2011 8:02 am

Based on your description of events, it certainly sounds like you committed the offence. Just because the damage appeared to be under $1,000 doesn't mean you can drive off, even if you feel you weren't at fault. While the police not having observed your vehicle may weaken the case a little, it appears they have a witness who can attest to the fact you were driving.

If this is your first attendance date, I would suggest requesting disclosure to see what the evidence against you is. Due to the very serious nature of the charge and your intended future career path, I would not consider trying to represent yourself. Best bet is to probably contact local paralegal services. Shop around, see what fees they charge and what services they offer.


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by: Radar Identified on
Fri Aug 26, 2011 8:09 am

When you are in a collision with a parked car, you must find the owner of the vehicle and exchange insurance information, or at least have the police attend the scene so they can track the owner down.
* 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


kapoli
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by: kapoli on
Fri Aug 26, 2011 7:23 pm

I went to my first attendance and asked for full disclosure the case was moved to 6 months later.
am going to wait and see if there is any notes from the cop to even place me in the car as a driver, or even any witness thats coming...
I believe i have 24 hours to contact collision center the cop only came 2 hours after it happened.
any other useful tip?


Stanton
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by: Stanton on
Fri Aug 26, 2011 8:17 pm

You are required to report accidents as soon as possible, there is no 24 hour grace period. You're also not allowed to leave the scene unless it's necessary to obtain help, etc.


llvllax
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by: llvllax on
Sat Aug 27, 2011 7:40 pm

this officer dosnt have to show up to first appearance, ask for time to contact counsel, and they will give a few weeks.....after that they will be able to help get you off this one, i would recommend fixing the car asap. Also don't expect the charges to be dropped, you need to prove you didn't fail to remain, or prove it wasn't you. good luck




Stanton
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by: Stanton on
Mon Aug 29, 2011 4:00 pm

It is unlikely the Crown could present their case without the officer being present. If the officer fails to attend on the date of the trial, it's possible the matter could be withdrawn or simply adjourned to another date. It will be dependent on the jurisdiction, length of time that's passed and reason that the officer failed to attend.


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