Following too closely charges

maggie
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Following too closely charges

by: maggie on
Sun Feb 17, 2008 7:38 pm

I really think i'm innocent after being charged with driving too closely. I was travelling behind a 1/2 ton truck hauling a trailer in December. Coming into a passing lane the truck decided to pass a snowplow that was plowing the left passing lane. The truck tried to pass the plow on the right and clipped the plow blade. It was snowing and at the time and obviously the plow did have snow flying from it's blade. The truck was far enough from me that I did not see it was intending to pass the plow and once the truck hit the plows blade I could not see anything, it was just a whiteout! I was only driving around 50km/hr because of the visual limitations. Anyway, the truck hit the blade and probably went spinning around (I don't know cuz I could not see) and ended up facing the opposit direction in the ditch. I hit the back wheel of the trailer as it came to rest in the lane I was driving in. The truck driver admitted at the scene that he was as fault and after sitting at the side of the road for hours I was charged with following too closely. Does anytone think I have a chance of beating this ticket?


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OHTA
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by: OHTA on
Sun Feb 17, 2008 9:12 pm

I think you can definitely beat this!

There is NO proof you were following too closely. The police was not at the scene when this happened, therefore how are they going to give actual proof to this incident in court? They can’t, because they have none! The ticket is based on the speculation and judgment of the police at the scene, but that is not good enough for the court, as they would have to Prove you Were following too closely, which they won’t be able to do.


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racer
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by: racer on
Sun Feb 17, 2008 9:20 pm

OHTA wrote:I think you can definitely beat this!

There is NO proof you were following too closely. The police was not at the scene when this happened, therefore how are they going to give actual proof to this incident in court? They can’t, because they have none! The ticket is based on the speculation and judgment of the police at the scene, but that is not good enough for the court, as they would have to Prove you Were following too closely, which they won’t be able to do.
+1


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by: maggie on
Sun Feb 17, 2008 9:25 pm

Thanks OHTA for the response. I've never been inside a court room and I have no idea what to expect. Your response has given me a confidence boost.


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by: OHTA on
Sun Feb 17, 2008 9:58 pm

No problem Maggie. Best of luck on fighting your traffic ticket!

And if you do require any legal help from a Traffic Ticket Agent, please send an email to OHTA or Admin with your contact details to have an agent contact you through our referral system.

Thank you.


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by: Bookm on
Mon Feb 18, 2008 9:06 pm

maggie wrote:I've never been inside a court room and I have no idea what to expect...
When the Crown reviews this case, I'm sure he will try to trick you in to a plea bargain (possibly just before court opens on your trial date), especially if he detects you are knew to traffic court. Don't fall for his "kind offer". You have a very easy case which is perfect for gaining experience on how the Provincial Offenses Office works.

Just one questions for officer under oath:
1) How close was I to the vehicle which you allege I was following
<"Don't know, I wasn't there.">

It's up to you if you then take the stand in your own defense. Personally, I wouldn't. Anything you have to say under oath can be stated in your closing argument. The difference is, a clever Prosecutor can trip you up on the stand. They are very good at taking advantage of people's inexperience and just may get you to say something incriminating. I would just skip the defense and move right to closing statements.

Closing statement (after witness testimony):
"Your worship, I was not following the struck vehicle too closely. He had spun ahead of me in poor visibility and his trailer came to rest in my lane. By the time I saw it, it was not possible to avoid hitting the trailer. The following distance had nothing to do with this accident. Poor visibility combined with a traffic accident ahead were the cause. The Crown has offered no evidence which would substantiate this charge and I respectfully ask that you dismiss it."

Maggie, I've won several trials that were much tougher than this one. I hope you stick to your guns and fight it. Check off "Not-Guilty" on the ticket and check "Officer to be Present" so you will get a trial date in the mail. You only have 15 days to do this.


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by: paralegal2006 on
Wed Mar 12, 2008 1:30 pm

This charge is extremely hard for the crown to prove in court, but remember the crown does this everyday, so he or she may come up with something to convict you. I personally belive that "FOLLOW TO CLOSELY" is just there to get you in anyway.

FIGHT the ticket if you can. Again, they have to prove this "Beyond a reasonable doubt". You are in luck, this charge can be dropped on trail date. Good luck with it.

JABBAR

maggie wrote:I really think i'm innocent after being charged with driving too closely. I was travelling behind a 1/2 ton truck hauling a trailer in December. Coming into a passing lane the truck decided to pass a snowplow that was plowing the left passing lane. The truck tried to pass the plow on the right and clipped the plow blade. It was snowing and at the time and obviously the plow did have snow flying from it's blade. The truck was far enough from me that I did not see it was intending to pass the plow and once the truck hit the plows blade I could not see anything, it was just a whiteout! I was only driving around 50km/hr because of the visual limitations. Anyway, the truck hit the blade and probably went spinning around (I don't know cuz I could not see) and ended up facing the opposit direction in the ditch. I hit the back wheel of the trailer as it came to rest in the lane I was driving in. The truck driver admitted at the scene that he was as fault and after sitting at the side of the road for hours I was charged with following too closely. Does anytone think I have a chance of beating this ticket?
ABDUL JABBAR
http://www.westminsterlegalfirm.com


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