Fail to Yield From Private Road or Driveway

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Joined: Mon Oct 04, 2010 5:04 pm
Location: Ontario, Canada

Fail to Yield From Private Road or Driveway

by: bluesnow on
Tue Apr 19, 2011 7:16 am

On Sept. 29th, 2010 I backed out of a private driveway onto a main road and bumped into a vehicle which was parked across the road opposite the driveway. There was no other traffic at the time. There was no damage to the other vehicle but it's bumper rode over top of mine and dented the rear door on my SUV. My door was replaced at a cost of $4000. I was charged under section 139(1) but I've submitted a not guilty plea. After receiving my court date (July 13th 2011) I requested disclosure and submitted a form entitled Resolution Request. I've now received the disclosure information and something called a Charge Screening form. My driving record consists of one parking ticket in the past 40 years. Here are my questions . . .

1. Is the Charge Screening form the result of the Resolution Request, or is it just included with all disclosures? Should I still be expecting something else to be sent?

2. The Charge Screening form offers to reduce my fine from the $85 ($110 with surcharges) to $60 (plus surcharges). Should I accept this as a partial victory and be grateful?

3. Section 139(1) says I must yield to approaching traffic. The vehicle I struck was parked at the side of the road so it really wasn't approaching traffic any more than a mail box or lamp post that I could have backed into. Am I on secure ground here?

4. The Charge Screening form also says I am free to contact the prosecutor to discuss the matter further. Should I try to do this to explain my objections to the charge? Is there any chance he could see my point and drop/withdraw the charge? Or is he likely to change it to something like Careless Driving?

I'm a little apprehensive about representing myself in court but paralegals charge $300 - $400 and that's a lot more than the fine I'm facing. Because of my driving record I'm not too concerned about the demerit points, but I am concerned about spoiling that nice clean record.

Any advice would be appreciated.
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by: Stanton on
Tue Apr 19, 2011 8:58 am

I'd agree with you that Fail to Yield section does not read like it applies to parked vehicles or fixed objects. Careless driving would probably have been more appropriate in the circumstances, but it's a pretty extreme charge for what sounds like a relatively minor collision. It probably wouldn't hurt meeting with the prosecutor and see what they have to say.
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