I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one of the other cooks who had just ended his shift and was parked on the very same directional angle at which the collision was made. I called this individual and demanded he return and discuss the matter. He denied and said he didn't know what I was talking about. I explained how I have cameras installed on my vehicle and I saw "you" do it (I don't actually have cameras) Eventually, he admitted to it but would not return to exchange information. The next morning I immediately went to the collision reporting centre and reported it as a hit and run. Later that evening I went in for my shift early hoping to find his car in the parking lot. Luckily I was able to photograph the back of his vehicle (2011 Mitsubishi RVR) which had damage matching to where it would've struck my car and obtain a licence plate number. I later confronted him to see what he wanted to do. He expressed how he wanted to avoid insurance. I made him sign a written statement admitting to the accident and to cover all expenses to cover the damages. I have since that provided him with multiple quotes all being around $2000. He requested I meet up with him this morning at 8am at a mechanic in Scarborough. I did so just to get him in person again with no intention of leaving my car with a random mechanic. I even asked this mechanic to write out a formal estimate similar to the ones I have provided..he refused to do so. I offered to take $1500 cash and walk away or to give me insurance information. When he refused again I went back to the police and brought forth all new information. So basically can anyone offer any insight? What are the chances I get anything? Thanks
I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one of the other cooks who had just ended his shift and was parked on the very same directional angle at which the collision was made. I called this individual and demanded he return and discuss the matter. He denied and said he didn't know what I was talking about. I explained how I have cameras installed on my vehicle and I saw "you" do it (I don't actually have cameras) Eventually, he admitted to it but would not return to exchange information. The next morning I immediately went to the collision reporting centre and reported it as a hit and run. Later that evening I went in for my shift early hoping to find his car in the parking lot. Luckily I was able to photograph the back of his vehicle (2011 Mitsubishi RVR) which had damage matching to where it would've struck my car and obtain a licence plate number. I later confronted him to see what he wanted to do. He expressed how he wanted to avoid insurance. I made him sign a written statement admitting to the accident and to cover all expenses to cover the damages. I have since that provided him with multiple quotes all being around $2000. He requested I meet up with him this morning at 8am at a mechanic in Scarborough. I did so just to get him in person again with no intention of leaving my car with a random mechanic. I even asked this mechanic to write out a formal estimate similar to the ones I have provided..he refused to do so. I offered to take $1500 cash and walk away or to give me insurance information. When he refused again I went back to the police and brought forth all new information.
So basically can anyone offer any insight? What are the chances I get anything? Thanks
No chance. You lied to him and if you go to court you will not have any proof. Also with the insurance companies the first question will be lets see your proof. OPS
No chance. You lied to him and if you go to court you will not have any proof. Also with the insurance companies the first question will be lets see your proof.
If you don't know what you're talking about please do not respond.. The proof is he's admitted to it..I have a written statement of admittance.. His car is damaged on the same line where the impact would be on my car.. proven beyond reasonable doubt.. the lie was to get an admittance and he did
If you don't know what you're talking about please do not respond.. The proof is he's admitted to it..I have a written statement of admittance.. His car is damaged on the same line where the impact would be on my car.. proven beyond reasonable doubt.. the lie was to get an admittance and he did
Umm how many people have you charged and taken to court? How many insurance investigations have you carried out? How many statements have you taken? How many times have you been to court? You did not like what I told you it so in your eyes I do not know what I am talking about of course. But then what do I know as I am just some dumb cop. You state you MADE him sign a statement which is made under threat of a lie. Your not getting anything and that statement is worthless even if it goes into court. It was made under duress. If the guy comes clean to the insurance company you will get your car fixed. If the guy says show me the proof I want to see the video and when questioned about the statement he says this other guy berated me into making a false statement which i made to make him leave me alone it will just get filed as a hit and run and you will have to pay your deductible. OPS
Umm how many people have you charged and taken to court? How many insurance investigations have you carried out? How many statements have you taken? How many times have you been to court?
You did not like what I told you it so in your eyes I do not know what I am talking about of course.
But then what do I know as I am just some dumb cop.
You state you MADE him sign a statement which is made under threat of a lie. Your not getting anything and that statement is worthless even if it goes into court. It was made under duress.
If the guy comes clean to the insurance company you will get your car fixed. If the guy says show me the proof I want to see the video and when questioned about the statement he says this other guy berated me into making a false statement which i made to make him leave me alone it will just get filed as a hit and run and you will have to pay your deductible.
Umm how many people have you charged and taken to court? How many insurance investigations have you carried out? How many statements have you taken? How many times have you been to court?
You did not like what I told you it so in your eyes I do not know what I am talking about of course.
But then what do I know as I am just some dumb cop.
You state you MADE him sign a statement which is made under threat of a lie. Your not getting anything and that statement is worthless even if it goes into court. It was made under duress.
If the guy comes clean to the insurance company you will get your car fixed. If the guy says show me the proof I want to see the video and when questioned about the statement he says this other guy berated me into making a false statement which i made to make him leave me alone it will just get filed as a hit and run and you will have to pay your deductible.
EVENTUALLY lol...REALLY? Maybe he was just scared of you!! You lied and basically bullied him into signing something you had no proof on, is just wrong, while you don't even have camera's in your car! That can also be considered harassment. You have NO proof he even did it. How do you know you didn't just scare him? I agree with OPS Copper, that it Duress, and not a way to handle such a situation.
Pizzle wrote:
He denied and said he didn't know what I was talking about. I explained how I have cameras installed on my vehicle and I saw "you" do it (I don't actually have cameras) Eventually, he admitted to it but would not return to exchange information.
EVENTUALLY lol...REALLY? Maybe he was just scared of you!! You lied and basically bullied him into signing something you had no proof on, is just wrong, while you don't even have camera's in your car! That can also be considered harassment. You have NO proof he even did it. How do you know you didn't just scare him? I agree with OPS Copper, that it Duress, and not a way to handle such a situation.
This sounds more like a civil matter, in which case, the whole duress thing wouldn't be an issue if OP could get Defendant to admit to his guilt and not even bother mentioning the "signed agreement". I guess it comes down to whether or not Defendant will be hiring a lawyer, or trying to represent himself. OP, the signed statement is worthless, but the photos of his vehicle damage and yours are fine as a means of building a case. His admission is hearsay. Best bet is to talk to your insurance company and figure out what they think is the best way to proceed.
This sounds more like a civil matter, in which case, the whole duress thing wouldn't be an issue if OP could get Defendant to admit to his guilt and not even bother mentioning the "signed agreement". I guess it comes down to whether or not Defendant will be hiring a lawyer, or trying to represent himself.
OP, the signed statement is worthless, but the photos of his vehicle damage and yours are fine as a means of building a case. His admission is hearsay. Best bet is to talk to your insurance company and figure out what they think is the best way to proceed.
Just a question,why is it ok for the police to lie in order to get a signed statement yet the OP cannot?Not trying to start an argument here just trying to understand.Regardless of tactic if the truth comes out......it's the truth. Is it myth that the police can do this and I'm not saying they shouldn't.If I were to be a victim I wouldn't care what tactic is used.And if I were the accused I wouldn't care if I were innocent.
Just a question,why is it ok for the police to lie in order to get a signed statement yet the OP cannot?Not trying to start an argument here just trying to understand.Regardless of tactic if the truth comes out......it's the truth.
Is it myth that the police can do this and I'm not saying they shouldn't.If I were to be a victim I wouldn't care what tactic is used.And if I were the accused I wouldn't care if I were innocent.
Theres no simple black and white answer to statement admissibility, particularly when deception is used by the State. Several factors come into play, including the seriousness of the crime, the extent of the deception used and the wherewithal and acumen of the person being deceived. Typically the more serious the crime, the more leeway Police have, but it will always be judged on a case by case basis. A good recent example is the manslaughter trial in Guelph last year involving the death of an infant. The accused confessed in a police interview to having shaken the baby, but at trial the statement was excluded. The accused was described as having limited intellect, and the Judge found that the police went too far by repeatedly telling the accused they had clear forensic evidence showing he committed the crime (they didnt). There were other factors at play involving the statement, but you can see that even in the most serious cases the Courts draw a line about how far police can go.
matt123 wrote:
Just a question,why is it ok for the police to lie in order to get a signed statement yet the OP cannot?Not trying to start an argument here just trying to understand.Regardless of tactic if the truth comes out......it's the truth.
Is it myth that the police can do this and I'm not saying they shouldn't.If I were to be a victim I wouldn't care what tactic is used.And if I were the accused I wouldn't care if I were innocent.
Theres no simple black and white answer to statement admissibility, particularly when deception is used by the State. Several factors come into play, including the seriousness of the crime, the extent of the deception used and the wherewithal and acumen of the person being deceived.
Typically the more serious the crime, the more leeway Police have, but it will always be judged on a case by case basis.
A good recent example is the manslaughter trial in Guelph last year involving the death of an infant. The accused confessed in a police interview to having shaken the baby, but at trial the statement was excluded. The accused was described as having limited intellect, and the Judge found that the police went too far by repeatedly telling the accused they had clear forensic evidence showing he committed the crime (they didnt). There were other factors at play involving the statement, but you can see that even in the most serious cases the Courts draw a line about how far police can go.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.