HTA s.199 - Duty to Report Accident

Would you say there is room for a Reasonable Doubt?

No; the case is quite clear, your client is guilty.
0
No votes
It will be a "he says-she says" type of scenario.
1
14%
It's a parking lot not a highway; s199 does not apply.
1
14%
The charge should be dismissed at trial.
4
57%
There is no reasonable prospect of convicction.
1
14%
 
Total votes: 7

Biron
Jr. Member
Jr. Member
Posts: 91
Joined: Sat May 29, 2010 7:19 pm
Location: Hamilton, ON

Re: Fail to Report

by: Biron on
Tue Jun 15, 2010 3:12 pm

.
..
........................ Are you serious?
........................ You didn't read the entire thread, did you?


OTTLegal wrote:You are representing a "Client" and your asking for advice on a forum????

Doesn't sound to me that you should be representing anyone. Are you a licensed paralegal? You have to be licensed by the Law Society of Upper Canada to be representing people in court.


....................... TELL ME MORE
OTTLegal wrote:The charge of Fail to Report accident can occur anywhere. If involved in an accident that is "apparently over an amount prescribed by statue" the driver or person in charge of the vehicle must report the accident forthwith to the police.

The amount prescribed by statue is 1000 dollars.

Your information here is that the damage was apparently between 500 to 1000 dollars.

Sounds to me like the charge fits, and your "client" is guilty of the charge.


........................ Well; in that case, it seems that my client was lucky to hire me and not someone from OTT Legal

........................ But seriously now... Do you actually understand what you are saying?
OTTLegal wrote:As a qualified licensed paralegal with a background in hit and run accidents, I would have approached this case with my client in an entirely different manner to win it. Doesn't sound like you did too much to win the case...
........................ How? Please enlighten us.

........................ How would you have won it? Please tell us...

........................ P L E A S E
.

..
...


OTTLegal
Jr. Member
Jr. Member
Posts: 97
Joined: Sat Oct 03, 2009 8:25 pm
Location: Toronto
Contact:

by: OTTLegal on
Tue Jun 15, 2010 3:22 pm

SO HOW DID YOU WIN THE CASE??????????????????
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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

Moderator

by: Radar Identified on
Tue Jun 15, 2010 3:32 pm

OTTLegal wrote:You dont know why the charge was dropped, probably the officer or witness didn't come to court. I don't think he did anything, certainly he was not qualified to represent anyone at a trial.
You also do not know why the charge was dropped.

You were not present and did not review the actual disclosure, evidence and other information of the case. Neither did I, for that matter. So I'm not in a position to question his ability to represent said client, and neither are you. (Also, I'm not a paralegal.)

Every single post you've made today basically says "you need to hire a paralegal, you need legal advice," etc., and you verbally attacked a competitor. Is business slow these days?

EDIT: Just noticed your reply to Biron there. Could I ask, would you be willing to share any of your "insider secrets" on this forum if he's going to share how he won the case?
Last edited by Radar Identified on Tue Jun 15, 2010 3:40 pm, edited 1 time in total.
* 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


Biron
Jr. Member
Jr. Member
Posts: 91
Joined: Sat May 29, 2010 7:19 pm
Location: Hamilton, ON

by: Biron on
Tue Jun 15, 2010 3:35 pm

.
..
Hey Radar:
Radar Identified wrote:Without getting into too many details, it seemed to me that Biron was trying to poll the group for interest's sake rather than to
seek advice... but I could be wrong.
I started this topic on June 2, 2010. The case was dealt with on November 05, 2009.

And I started this topic exactly for the reasons you stated.

Incidentally, my client had retained a paralegal and was heading to disaster. I met him in court and after a few minutes he told me that I had given him more information in a few minutes than the information provided by his paralegal.

Radar Identified wrote:Also, I would like to point out that the charge was withdrawn. Result at the end of the day is what his client wanted: No conviction. And, obviously if his "client" was "guilty" of the charge, he would therefore have done a good job in getting the charge withdrawn, no?
I am not sure that OTT fully understands the whole exercise.

I am thinking that this is like a "candid camera" situation and you put him up to this just to pull my legs.

In any event, I am glad that one way or another we can have a good time. He is hilarious.

Cheers.
.
..
...


Biron
Jr. Member
Jr. Member
Posts: 91
Joined: Sat May 29, 2010 7:19 pm
Location: Hamilton, ON

by: Biron on
Tue Jun 15, 2010 3:49 pm

.
..
... Hey Radar, don't bother. Thanks anyway.

You know, this is one of the reasons paralegals were regulated. Too many of them just f....g around. You would have thought that now paralegals are real professionals who follow an strict code of ethics.
Radar Identified wrote:Every single post you've made today basically says "you need to hire a paralegal, you need legal advice," etc., and you verbally attacked a competitor. Is business slow these days?
Kinda defeats the purpose of this forum, doesn't it?

Cheers.
.
...


OTTLegal
Jr. Member
Jr. Member
Posts: 97
Joined: Sat Oct 03, 2009 8:25 pm
Location: Toronto
Contact:

by: OTTLegal on
Tue Jun 15, 2010 4:23 pm

WHEW!!

Hey sorry I didn't think you guys would get so hot about this, sorry to offend you by asking a question.

I thought it was a forum to discuss traffic tickets, where you could post "comments" and ask "questions"....

Bryon started off by saying he was "representing a client". By HIS posting this would suggest that he was getting paid to represent someone....

If he was getting paid to provide legal services you would think, as I did that he would have some legal training and not be asking questions on a forum, to which I found a little strange... (I'm surprised no one else was wondering about this??).

Then I asked Bryon, how did he ultimately get the case dropped?

You would have thought would be an easy question to answer, e.g I explained the situation to the prosecutor, and this is what happened, or the prosecution wasn't able to prove the case because of so and so.

I would have thought this would have been in the spirit of helping others on the forum. For some reason Bryon wont give that answer??

At no time throughout this discussion have I ever said that I am soliciting for business, (please feel free to review the thread).

The fact that I make MY identity clear, shouldn't be an issue. I guess I should just post anonymously from now on like you guys do....

Sorry for asking some questions, It would be simple for Bryon to post on the forum how he won the case, and then others could post their responses.

Then other people could post on the forum, and even give suggestions about how to fight this type of a traffic ticket. Which is what the forum is all about....
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


Biron
Jr. Member
Jr. Member
Posts: 91
Joined: Sat May 29, 2010 7:19 pm
Location: Hamilton, ON

by: Biron on
Tue Jun 15, 2010 5:08 pm

.
..
...
OTTLegal wrote:As a qualified licensed paralegal with a background in hit and run accidents, I would have approached this case with my client in an entirely different manner to win it.
You see, you stated that you would have approached this case with your client in an entirely different manner to win it.

But then you do not tell us what is that different manner. Is that a secret?

I think that anyone who has read the thread should have very clear how and why the charges were withdrawn. IT IS NO MYSTERY!

I am actually surprised that you -32 years of experience, which I do not doubt- are still asking the same question and yet refuse to tell us what you would have done differently.
OTTLegal wrote:Then I asked Bryon, how did he ultimately get the case dropped?

I would have thought this would have been in the spirit of helping others on the forum. For some reason Bryon wont give that answer??
The answer is within the thread. It is no mystery.
OTTLegal wrote:The fact that I make MY identity clear, shouldn't be an issue. I guess I should just post anonymously from now on like you guys do....
What make you think that my identity is not clear?
OTTLegal wrote:Sorry for asking some questions, It would be simple for Bryon to post on the forum how he won the case, and then others could post their responses.
But I did
OTTLegal wrote:Then other people could post on the forum, and even give suggestions about how to fight this type of a traffic ticket. Which is what the forum is all about....
However, you do not want to tell us how you would have done it.

anyway...

.


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

Moderator

by: Radar Identified on
Tue Jun 15, 2010 6:01 pm

OK guys. Let's drop the personal attacks and move on. A few points to make:
OTTLegal wrote:If he was getting paid to provide legal services you would think, as I did that he would have some legal training and not be asking questions on a forum, to which I found a little strange... (I'm surprised no one else was wondering about this??).
I read the same thread you did and thought the most likely scenario was that he was raising it as a point of discussion, as I said earlier. I didn't think he was soliciting advice. Granted, 90% of communication is body language/paralanguage, which is not really available when you're having a discussion by way of a computer, so sometimes things aren't quite as clear as a face-to-face discussion... so maybe there's confusion. For that reason, I think he should've been given the benefit of the doubt from the get-go.
OTTLegal wrote:I would have thought this would have been in the spirit of helping others on the forum.
So, would you tell us how you would have approached the situation? Clearly, based on your experience, you had a different approach in mind.
* 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


gjl
Newbie
Newbie
Posts: 3
Joined: Wed Jun 04, 2014 6:17 pm

by: gjl on
Thu Jun 05, 2014 12:53 am

Transport hits deer. Driver stops on shoulder drives away, I am on scene in under 5min, follow the leaking rad fluid off hwy, over the over pass, back onto hwy to a rest stop, where the ground is covered in fluid. Buddy wondered why I was there as just finished calling a tow truck. I estimated about $3-5000. Here is pricing for the parts I got from a local established transport repair shop: Radiator bent in, leaking ($1500+). Front grill destroyed ($500+). Hood cracked and missing a chunk ($1000-2500+), drivers side headlight assembly cracked ($500 sold in pairs), signal light destroyed ($100).

Anotgher item of interest. We obtain estimates for cruiser repairs. One car had a 8inch scrape down to the paint (about 1/8" wide just in front of the driver's side rear tail light) and abrasion on the rear bumper. Think lowest was $700. Just to show how easy it would be to be over $1000
Assuming he was charged with fail to report, in my opinion you were correct and the defendant should have been convicted. If you carefully read the statute it refers to an estimation of the damages at the time of the accident:

HTA s.199 wrote:
…if the accident results in … damage to property apparently exceeding an amount prescribed by regulation…

I got confused. Does "... damage to property..." under HTA s. 199(1) mean the property damaged to both sides - victim and perpetrator rather than the damage only to property of the victim?


Post Reply
  • Similar Topics

Return to “Failing to report a collision to a police officer”

Who is online

Users browsing this forum: No registered users and 2 guests