Here's the deal. Ford Escape pulled over in S bound lane with side smashed in. I'm assessing whether anyone is hurt or needs help and also can't figure out why it is in such condition when no other smashed up cars are near it. Although baffled I decide to carry on in the N bound lane and as I begin to accelerate (20kph is my guess at the time) I see a white Toyota just in front of me and I brake hard but still hit it. It in turn gets pushed into the pickup infront of it. Turns out there is a dead deer in our lane and that is why they are stopped and hence the damaged vehicle in the opposite lane. Now, the burden of proof. The disclosure has no mention of any witness seeing me until I hit. What's my best defence here? Do they have to actually mention a distance of some sort or witness the fact that I was behind them at all before they were struck? None of the witnesses in the other vehicles saw me before they were struck. The word "follow" indicates to me some sort of driving motion of which there are no witnesses until after the fact. Any advice on how to defend this would be greatly and graciously appreciated. I'd just like to keep my clean record clean. Thanks in advance. ******************************************* duplicate POST.....this thread locked by MOD HB stay on one post http://www.ontariohighwaytrafficact.com/topic2080.html
Here's the deal. Ford Escape pulled over in S bound lane with side smashed in. I'm assessing whether anyone is hurt or needs help and also can't figure out why it is in such condition when no other smashed up cars are near it. Although baffled I decide to carry on in the N bound lane and as I begin to accelerate (20kph is my guess at the time) I see a white Toyota just in front of me and I brake hard but still hit it. It in turn gets pushed into the pickup infront of it. Turns out there is a dead deer in our lane and that is why they are stopped and hence the damaged vehicle in the opposite lane.
Now, the burden of proof. The disclosure has no mention of any witness seeing me until I hit. What's my best defence here? Do they have to actually mention a distance of some sort or witness the fact that I was behind them at all before they were struck? None of the witnesses in the other vehicles saw me before they were struck. The word "follow" indicates to me some sort of driving motion of which there are no witnesses until after the fact. Any advice on how to defend this would be greatly and graciously appreciated. I'd just like to keep my clean record clean. Thanks in advance.
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…
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
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…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
