Hi, I got 3 summon tickets and have to go to court in September.
I was driving on the country road and make a right turn, at that time, my car is close to the intersection. I braked and made a right turn, but the car scraped on the stop sign, which is located on the right side of the road. On my way, there is no stop sign. The car went to the grass, a guy helped toll my car on the road. We checked the engine, brake, lights, all fine and the car is driveable. What is damaged is just the plastic stuff in front of the left front light, and the left fender. No one got injured, stop sign post is not tilted. Then we left and tried to look for police station and car repair store. about 15 minutes or so, we got caught by the police. Police officer asked me several questions and gave me three summon tickets under HTA. One for Fail to call the police, one for Failing to remain at the scene of a collision, last for Careless driving. On the tickets, there is no points and no fine listed.
I read the HTA, it looks not remain the scene is very serious, and may categorize to criminal record and go to jail. Is it possible for my case?
Also, what's the difference between summon date and trial date? What should I do after I get summon tickets?
In the court, will I meet prosecutor first? what should I explain to prosecutor?
can someone provide me some ideas? I really appreciate your efforts.
anybody can help me?
You wont receive a criminal record for a Highway Traffic Act charge. While there is a criminal charge for failing to remain, youd have to be charged under the criminal code instead of the H.T.A. If all three of your charges are on Part III summons, then you werent charged criminally.
Jail time is a possibility for some of your charges, but on a first time minor offence its extremely unlikely. Its also possible your licence may be suspended if convicted.
The date on your summons will be for a first attendance to decide how you want to proceed. If you decide to go to trial, a new future date will be set. Questions about the Court process are pretty common. Take some time to read through the forums and youll probably get a good idea about the process.
Thank you so much, Shanton. Your reply helps me a lot.
The officer gave you "summons" because the fines for these offences are over 500 dollars each.
The tickets each have a fine of a thousand dollars, failing to report has 3 demerit points, Failing to remain has 6 demerit points, and Careless Driving has 6 demerit points. You ARE NOT at risk of going to jail for this.
If any of these ticket go on your driving record your insurance will increase dramatically, over 100%.
The insurance implications alone make this a case where you should consider getting some expert advice before you appear in court, as you need to get these dropped. The charges are wide sweeping, but they are not really the proper charges for a single motor vehicle accident. As well how does the officer prove the charges other than by your statement?? Sounds like there are no witnesses, and no damage to the highway property.
The fail to report accident charge, the law says that the accident has to have damage "apparently over 1000 dollars" to be guilty of this charge. Also you have a reasonable time to try to contact the police, and certainly 15mins is reasonable.
Fail to Remain, you have to 1. stop at the scene of the accident, 2. Render assistance to anyone who is hurt, and 3. Give you name and address to anyone else involved in the accident. Sounds to me like you did all of those, so maybe your not guilty of Fail to Remain.
Careless driving, sounds more to me like a "Turn not in Safety", or "leave roadway not in safety" charge to me. Which is 100 fine and 2 demerit points.
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Thanks, Mr. Conway. I really appreciate your explanation.
I searched the HTA, there is no item called "leave roadway not in safety". some people post on the BBS saying HTA142(1) is the thing. but it is "Signal for left or right turn". not "leave roadway not in safety".
Can you tell me what is this "leave roadway not in safety" offense? Under which HTA?
It is section 142(1).
The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety
aha, nice to find the trick here. Thanks Shanton, you helped me twice.
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