Hitting a city sign pole

oppositeset
Newbie
Newbie
Posts: 3
Joined: Sat Aug 28, 2010 1:57 am

Hitting a city sign pole

by: oppositeset on
Sat Aug 28, 2010 4:14 am

Hey guys

Its my first post in this forum. I'm sure this case is complex and we will need a lawyer or paralegal but i just want to get the feel of things since i've been really upset about it.

My wife was making a left turn when she hit the sign pole in the middle of the lane and knocked it down. Since it was her first time in this kind of situation she paniced and decided to report the accident later since the damage to the car was less then $1000. Obviously, she did not realize at the time that any damage to city porpety has to be notified right away.

While on her way back she was stopped and handed over three summons to appear in court

1. imporper left turn
2. fail to report
3. fail to remain at scene


She told the officer that she was going to report the accident but he still gave her summons to appear in court
What is the difference between a formal ticket and summons to appear in court ? and what are the chances or clearing these tickets ?

Thanks for your help in advance


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sat Aug 28, 2010 1:38 pm

A ticket is something that can be resolved out of court by simply paying it, or you can opt for a trial, etc. A summons is where you are going to have to appear in court regardless. (There's more to it than that, but that's the simplest explanation.) Both of them charge you with an offence, but a summons is used (as the name suggests) to summon you to court. Summons are issued on more serious offences - like fail to remain.

Definitely get professional help for this. I can't specifically say what the odds are of beating this charge. I guess the real question is, how long had it been after the collision with the sign pole when she was charged?
* 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


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Sat Aug 28, 2010 8:09 pm

The other big difference is that with a Part III summons there is no set fine amount, as there is with a ticket. Some offences, like Fail to Remain are automatically Part III, as they have no set fine, but if you are issued a summons for a fine that normally has a set fine, such as Improper Turn, the set fine does not apply under a Part III. In all Part III matters fines are limited only by the maximum amount prescribed in the Provincial Offences Act, which is $5000 unless otherwise specified in the particular section. That being said, they almost never issue the maximum amount.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


oppositeset
Newbie
Newbie
Posts: 3
Joined: Sat Aug 28, 2010 1:57 am

by: oppositeset on
Sun Aug 29, 2010 1:48 am

Radar Identified wrote:I guess the real question is, how long had it been after the collision with the sign pole when she was charged?
Thanks alot for your replis guys, really appreciate

She stayed at the scence for half an hour and when she left, was charged 10 minutes later


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sun Aug 29, 2010 6:35 pm

oppositeset wrote:She stayed at the scence for half an hour and when she left, was charged 10 minutes later
This doesn't sound as bad as it could have been. It's not like she hit the sign pole, kept driving and was charged two weeks later. Did she call the police from the scene of the collision?

I think a paralegal would have an opportunity to do a few things with the charges. Call around, see what they say.
* 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


oppositeset
Newbie
Newbie
Posts: 3
Joined: Sat Aug 28, 2010 1:57 am

by: oppositeset on
Wed Sep 01, 2010 6:41 pm

Thanks alot for your help on this matter

Do you guys suggest we go to the summons hearing on our own since all we will get over there is the next court date and from there choose a paralegal OR go with a paralegal starting right now ?


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Wed Sep 01, 2010 11:48 pm

Either or. Your first attendance date will just be for you to get disclosure and set another date. You could ask for it to be a while into the future to give you the opportunity to retain counsel, then go to them with the disclosure in hand.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


User avatar
Traffic Law
Member
Member
Posts: 162
Joined: Thu Sep 25, 2008 5:28 pm
Location: Mississauga
Contact:

by: Traffic Law on
Fri Sep 10, 2010 5:27 pm

You should get professional help before you go to the set date court. Your appearance in court is not just to set another date but to give the court jurisdiction over the case. In many situations "information" does not match "summons to defendant" resulting in a conflict. In that case new summons has to be issued and the court does not have jurisdiction to deal with the matter until you were properly served.


Post Reply
  • Similar Topics

Return to “Failing to remain at the scene of a collision”

Who is online

Users browsing this forum: No registered users and 1 guest