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Urgent Help needed, thank you.
He offered me a lesser charge of leaving roadway not in saftey which is a $130 fine and 2 points (the points are what worries me). My question is do I have a chance of fighting the original charge in court based on the road conditions and showing due caution or do I not have much choice but to take the lesser charge.
- Simon Borys
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http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
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CatherineS wrote:The sergent said he "had to charge me with something" and gave me a ticket for failing to slow down and leave room for an emergency vehicle.
Probably is s. 159 (2), formerly 159.1 (1)Simon Borys wrote:It would be helpful if you posted the section number under which you were charged.
It's hard, but not impossible to defend.HTA s. 159(2) wrote:Slow down on approaching stopped emergency vehicle
159. (2) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on and the conditions of the highway and the weather, to ensure that the driver does not collide with the emergency vehicle or endanger any person outside of the emergency vehicle. 2009, c. 5, s. 49.
Certainly, not the right comment from a prosecutor. He would have to prove the offence beyond a reasonable doubt.CatherineS wrote:I went to court and when I explained to the prosecuter that I felt I did everything in my power to try to obey that very law and everything I could to avoid the accident I was told none of that mattered because "you still hit the cruiser" and that both the officer and the sergent were present and if I tried to fight it in court based on that argument I "would be very sorry."
Have you seen disclosure? If not, ask for it and review it. That may help with you decision.CatherineS wrote: He offered me a lesser charge of leaving roadway not in saftey which is a $130 fine and 2 points (the points are what worries me). My question is do I have a chance of fighting the original charge in court based on the road conditions and showing due caution or do I not have much choice but to take the lesser charge.
Cheers.
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