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Ontario Highway Traffic Act

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Early resolution meeting SOS
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PostPosted: Mon Sep 15, 2014 7:46 pm 
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Joined: Mon Sep 15, 2014 7:32 pm
Posts: 6
Hello!
I know I should have opened this thread a long time ago, but being naive me, I did not. Here I am, the night before, and desperately need your advice.
I had a car accident in January. Was t-boned, car flipped. I was very lucky to walk out undamaged.
The policeman who came to the hospital was very kind. He told me that looks like I ran the red light, and that was what caused the accident.
But here is the thing. I do not remember running even an amber light. I don't have any tickets at all in 10 year driving. They just told me they had a witness who said I did run the light.

I don't have a disclosure. In fact, back in January I was just ready to pay the ticket and be done with it. A friend from work told me not to, and at least do the Early resolution.

What should I do tomorrow? Any advice is greatly appreciated. I know I was stupid :-(


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Re: Early resolution meeting SOS
PostPosted: Mon Sep 15, 2014 10:13 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
I am thinking that they will need the witness.

Cheers
Viper1

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Re: Early resolution meeting SOS
PostPosted: Mon Sep 15, 2014 10:26 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
I would schedule a trial date rather than plea to a lesser charge; give the witness an opportunity to show. In a lot of these collision related trials, for w/e reason witnesses tend not to show up.

If the witness doesn't show, then there is no case and the charge gets withdrawn.

Don't forget to request disclosure.


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Re: Early resolution meeting SOS
PostPosted: Tue Sep 16, 2014 5:53 am 
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Joined: Mon Sep 15, 2014 7:32 pm
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Thank you for the input. The policeman said there is a witness. And on the ticket the witness box is checked. There were several people on the spot immediately. The issue is, however, it is an intersection of two one-way streets. The witness would have need to be directly behind me to see my light.
I am myself opting for the trial.
But in my case the witness might show up. Is the driver of the vehicle who hit me considered a witness? What about his wife who was a passenger?


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Re: Early resolution meeting SOS
PostPosted: Tue Sep 16, 2014 9:51 am 
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Joined: Mon Sep 15, 2014 7:32 pm
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Back from the courthouse. The Crown was nice. Did not ask what I plea. Looked through the file. I told him that I don't think that I did it. He looked at the accident report. Told me to go to trial. Told me to order the disclosure package.


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Re: Early resolution meeting SOS
PostPosted: Tue Sep 16, 2014 2:25 pm 
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Ariel wrote:
Back from the courthouse. The Crown was nice. Did not ask what I plea. Looked through the file. I told him that I don't think that I did it. He looked at the accident report. Told me to go to trial. Told me to order the disclosure package.


He told you to go to trial because you told him you didn't do it. You basically said you weren't guilty. At that point there's no resolution and they continue with your request for a trial.

Disclosure requests require some time to fulfill, so you better not wait until the last minute again. You'll only hurt yourself.

The others are correct. People who witness your average random accident a year prior aren't willing to miss prior obligations to attend a trial based on whether or not you receive a red light ticket.


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Re: Early resolution meeting SOS
PostPosted: Tue Sep 16, 2014 6:58 pm 
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Joined: Mon Sep 15, 2014 7:32 pm
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Thank you for your input. I will file for disclosure this week, in person. He gave me all the documents to fill out.
I am very glad I found this board and took advice to go to trial. I have nothing to loose and everything to gain, especially if I can get charges dropped. I am a good driver, without any prior offences.
I will keep this thread alive.


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Re: Early resolution meeting SOS
PostPosted: Thu Sep 18, 2014 4:22 pm 
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Joined: Mon Sep 15, 2014 7:32 pm
Posts: 6
I have just received my Trial Date. The accident happened on January 12th, 2014. The trial is on April 22nd, 2015.
Does that mean that I have a right to file 11b? Does it matter that I had early resolution meeting on September 17th?
When and how should I do so?
Thanks
Anna


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Re: Early resolution meeting SOS
PostPosted: Thu Sep 18, 2014 6:00 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
The time spent waiting for an early resolution meeting is considered a "neutral intake period" and doesn't count towards the overall length of delay.


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Re: Early resolution meeting SOS
PostPosted: Thu Sep 18, 2014 7:28 pm 
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Joined: Mon Sep 15, 2014 7:32 pm
Posts: 6
Thank you. I sort of thought that.


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