Hello, new user here, I did some stupid the other day and was wondering what I should do or what the potential consequences could be. I was exiting an underground parking lot where I had to insert a parking slip into a machine to get the mechanical arm to raise. I then mashed the accelerator a bit too hard and unfortunately my wheels were turned toward the guard pole. It knocked my mirror off and gave my car a nice scratch along the side. I panicked and was so embarrassed I didn't even check the damage to my vehicle or the pole. I'm sure someone saw me, not sure they d care enough to report it, probably just laughed at the idiot who messed up his ride. The fact remains I damaged the pole and am on camera doing it. Now I m over thinking this and am online looking at potential penalties. I should have just saved myself the worry and reported it. I'm scared I'm going to get hit with a fail to remain, fail to report, careless driving or something. Should I report this even though it's been almost 3 days? Whats the worst that can happen if I don't? Any input would be appreciated. Thanks
Hello, new user here, I did some stupid the other day and was wondering what I should do or what the potential consequences could be.
I was exiting an underground parking lot where I had to insert a parking slip into a machine to get the mechanical arm to raise. I then mashed the accelerator a bit too hard and unfortunately my wheels were turned toward the guard pole. It knocked my mirror off and gave my car a nice scratch along the side. I panicked and was so embarrassed I didn't even check the damage to my vehicle or the pole.
I'm sure someone saw me, not sure they d care enough to report it, probably just laughed at the idiot who messed up his ride. The fact remains I damaged the pole and am on camera doing it.
Now I m over thinking this and am online looking at potential penalties. I should have just saved myself the worry and reported it. I'm scared I'm going to get hit with a fail to remain, fail to report, careless driving or something.
Should I report this even though it's been almost 3 days? Whats the worst that can happen if I don't? Any input would be appreciated.
It sounds like the accident happened on private property, if that is true then you won't be facing any charges under the Highway Traffic Act. The Criminal Code charge of Failing to stop at the scene of an accident also doesn't seem to apply since it was a single car accident with no other vehicles or people involved. If you caused significant damage to the pole in the parking lot the owner of the lot might have a civil claim against you, however unless you did major damage they probably won't bother tracking you down. Things might be a little stickier with your insurance company since many have a rule saying you have to report all accidents you are involved in to them. However, since there was no other vehicle involved and thus no other driver to report the accident to their insurance company the odds of your insurance company hearing about this accident are pretty low. Of course if you make a claim to the insurance company to get your car fixed they will then find out about the accident so you may just wish to pay cash out of pocket to get your car repaired. If this had happened on a public street or if another car or person had been involved then you would have had a duty under the HTA and the CC to remain at the scene of the accident and report it to police.
It sounds like the accident happened on private property, if that is true then you won't be facing any charges under the Highway Traffic Act. The Criminal Code charge of Failing to stop at the scene of an accident also doesn't seem to apply since it was a single car accident with no other vehicles or people involved. If you caused significant damage to the pole in the parking lot the owner of the lot might have a civil claim against you, however unless you did major damage they probably won't bother tracking you down. Things might be a little stickier with your insurance company since many have a rule saying you have to report all accidents you are involved in to them. However, since there was no other vehicle involved and thus no other driver to report the accident to their insurance company the odds of your insurance company hearing about this accident are pretty low. Of course if you make a claim to the insurance company to get your car fixed they will then find out about the accident so you may just wish to pay cash out of pocket to get your car repaired. If this had happened on a public street or if another car or person had been involved then you would have had a duty under the HTA and the CC to remain at the scene of the accident and report it to police.
Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.
Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.
Thanks for posting that Stanton, looks like the Court of Appeal has made it clear that accidents on private property must indeed be reported. I think I got confused between HTA section 200 which covers fail to remain at the scene of an accident which only applies on a highway vs section 199 which covers reporting an accident which is applicable everywhere. So to the OP if the damage caused is more then $1000.00, even if you took the bulk of the damage, then you are supposed to report it. Now whether anybody will actually come after you over this is a different question, but you will have to decide for yourself what your risk tolerance on that is.
Thanks for posting that Stanton, looks like the Court of Appeal has made it clear that accidents on private property must indeed be reported. I think I got confused between HTA section 200 which covers fail to remain at the scene of an accident which only applies on a highway vs section 199 which covers reporting an accident which is applicable everywhere. So to the OP if the damage caused is more then $1000.00, even if you took the bulk of the damage, then you are supposed to report it. Now whether anybody will actually come after you over this is a different question, but you will have to decide for yourself what your risk tolerance on that is.
What exactly did you hit? Was it one of those concrete/steel posts (bollards) they put up to keep you from accidentally driving into their equipment? If so, I'd highly doubt they are going to waste their time pursuing this.
What exactly did you hit? Was it one of those concrete/steel posts (bollards) they put up to keep you from accidentally driving into their equipment? If so, I'd highly doubt they are going to waste their time pursuing this.
I think Hajivasilis actually stands for the opposite proposition. In that case, the charge was failing to report under s. 199(1). The collision happened in a private parking lot. JP Cremisio reviewed the relevant case law and then concluded (at paragraph 19): "Relying on the jurisprudence which I have quoted, I am satisfied that the accident in this matter occurred on a private property, and not on a highway, and that the provision of Section 199(1) of the Highway Traffic Act do not apply." He then dismissed the charge. I'd also point out that Hajivasilis is just a decision of the Ontario Provincial Offences court, and thus is not binding on other JP's, but the cases reviewed in that case from higher courts are and they seem to support JP Cremisio's conclusion.
Stanton wrote:
Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.
I think Hajivasilis actually stands for the opposite proposition. In that case, the charge was failing to report under s. 199(1). The collision happened in a private parking lot. JP Cremisio reviewed the relevant case law and then concluded (at paragraph 19): "Relying on the jurisprudence which I have quoted, I am satisfied that the accident in this matter occurred on a private property, and not on a highway, and that the provision of Section 199(1) of the Highway Traffic Act do not apply." He then dismissed the charge.
I'd also point out that Hajivasilis is just a decision of the Ontario Provincial Offences court, and thus is not binding on other JP's, but the cases reviewed in that case from higher courts are and they seem to support JP Cremisio's conclusion.
The matter was actually reviewed by the Ontario Appeal Court late last year: http://canlii.ca/en/on/onca/doc/2013/20 ... nca27.html
The matter was actually reviewed by the Ontario Appeal Court late last year:
Many provisions of the HTA are by their terms limited to "highways". Other provisions, however, are not so limited. Nothing in the overall structure of the HTA or its purpose compels the reading of the word "highway" into sections in which it does not appear. Section 199 is one such section. I would hold that the reporting requirement in s. 199 generally applies even if the accident does not occur on a "highway" as defined in the HTA.
Thanks for your responses guys. I'm a new driver and I've definitely learned from this incident. I'm just glad it happened with a guardrail and not another vehicle. I've since went back and although there is noticeable damage(parking lot is pretty new so the pole was mint before I hit it..), by the time someone who would care notices it, I'm hoping it's not serious enough to look back on the security cameras. If there's ever a next time I will definitely do the right thing and report it. It's just not worth it to run from something, especially something a fresh coat of paint would solve!(Not mentioning the damage to my vehicle but that ones on me..). I was just so embarrassed, this kind of behavior is uncharacteristic for me and I hated the thought of being in the same category as a hit and run driver.
Thanks for your responses guys.
I'm a new driver and I've definitely learned from this incident. I'm just glad it happened with a guardrail and not another vehicle.
I've since went back and although there is noticeable damage(parking lot is pretty new so the pole was mint before I hit it..), by the time someone who would care notices it, I'm hoping it's not serious enough to look back on the security cameras. If there's ever a next time I will definitely do the right thing and report it. It's just not worth it to run from something, especially something a fresh coat of paint would solve!(Not mentioning the damage to my vehicle but that ones on me..).
I was just so embarrassed, this kind of behavior is uncharacteristic for me and I hated the thought of being in the same category as a hit and run driver.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…