Hi. I was involved in an accident in November. I was heading south on a major four lane street in midtown Toronto. Stopped behind several vehicles at a traffic red light and after 2-3 seconds was hit from behind. The impact exploded my rear window,crumpled my tailgate and bumper dead between the taillights, broke my seat and sent my dogwalking dogs into my barrier and back again (no injuries to the dogs). My mini van was a write off. My van was sent into the small pickup in front of me and his damage was that his cab shifted from the impact. The SUV that hit me had extensive front end damage, including a broken radiator. My front license plate came off when I hit the truck ahead...and was found under my back wheels. It was a very hard hit and I was moved forward at least one and a half car lengths. I did not hear any sudden application of brakes prior to impact, it was a blind hit. I am injured with whiplash (improving) and post concussive syndrome. The driver of the SUV was deemed 100 percent at fault. Here are my questions: I recently received a subpoena to attend court in March. The driver of the SUV was charged with FTC. Does this always go to court or only if she is fighting it? Why did she only get FTC instead of CD? Given that this particular stretch of road at 330 in the afternoon is pretty busy and there are lights every two blocks or so, she would have had to have been pretty far behind me AND going at LEAST at speed to hit me three seconds after I was at a complete stop. If she was following too closely, IMO, this impact would have been considerably less, both in damage to the vehicles and to me. I am no physics master but it seems to me that the charge is wrong... So...what goes into choosing the difference between the two charges?
Hi.
I was involved in an accident in November. I was heading south on a major four lane street in midtown Toronto. Stopped behind several vehicles at a traffic red light and after 2-3 seconds was hit from behind. The impact exploded my rear window,crumpled my tailgate and bumper dead between the taillights, broke my seat and sent my dogwalking dogs into my barrier and back again (no injuries to the dogs). My mini van was a write off. My van was sent into the small pickup in front of me and his damage was that his cab shifted from the impact. The SUV that hit me had extensive front end damage, including a broken radiator. My front license plate came off when I hit the truck ahead...and was found under my back wheels. It was a very hard hit and I was moved forward at least one and a half car lengths.
I did not hear any sudden application of brakes prior to impact, it was a blind hit.
I am injured with whiplash (improving) and post concussive syndrome. The driver of the SUV was deemed 100 percent at fault.
Here are my questions: I recently received a subpoena to attend court in March. The driver of the SUV was charged with FTC. Does this always go to court or only if she is fighting it? Why did she only get FTC instead of CD? Given that this particular stretch of road at 330 in the afternoon is pretty busy and there are lights every two blocks or so, she would have had to have been pretty far behind me AND going at LEAST at speed to hit me three seconds after I was at a complete stop. If she was following too closely, IMO, this impact would have been considerably less, both in damage to the vehicles and to me. I am no physics master but it seems to me that the charge is wrong...
So...what goes into choosing the difference between the two charges?
You're only required to attend Court when the accused has requested a trial. Sometimes a plea deal will be reached before the trial or even on the day of, but until you hear otherwise be prepared to testify. If you wrote out any type of statement, it's a good idea to review it before the trial. Based on your description of events, I'd agree that follow too close was not the appropriate charge. Unless the officer has some additional supporting evidence, I can't see the accused being convicted. The Crown might end up withdrawing the charge once they've reviewed the case file in more depth.
You're only required to attend Court when the accused has requested a trial. Sometimes a plea deal will be reached before the trial or even on the day of, but until you hear otherwise be prepared to testify. If you wrote out any type of statement, it's a good idea to review it before the trial.
Based on your description of events, I'd agree that follow too close was not the appropriate charge. Unless the officer has some additional supporting evidence, I can't see the accused being convicted. The Crown might end up withdrawing the charge once they've reviewed the case file in more depth.
Thanks. Does this above sentence mean withdraw and changing the charge or just withdraw generally? Sorry if I'm a bit dense, sometimes my brain has some difficulty processing things. PCS is a pain in the butt. Can I also say that I'm pretty upset that given the damage she has done to my life that she is contesting the charge when it is the less serious one? Sigh.
Stanton wrote:
The Crown might end up withdrawing the charge once they've reviewed the case file in more depth.
Thanks. Does this above sentence mean withdraw and changing the charge or just withdraw generally?
Sorry if I'm a bit dense, sometimes my brain has some difficulty processing things. PCS is a pain in the butt.
Can I also say that I'm pretty upset that given the damage she has done to my life that she is contesting the charge when it is the less serious one? Sigh.
Court was today. Since I had not actually seen her coming up on me from behind, the charge could not be prosecuted. She got off completely. I am sad and angry. Thanks again for your help, just wanted to update the post.
Stanton wrote:
Most likely just withdrawn completely.
Court was today. Since I had not actually seen her coming up on me from behind, the charge could not be prosecuted. She got off completely.
I am sad and angry.
Thanks again for your help, just wanted to update the post.
I was at my parents' house in Mississauga early this week, and my mother told me about this SUV which always parks down the street for four to six hours a day, headlights on and the occupants inside. When she takes her afternoon walk, she will usually see a man and a woman inside smoking or…
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) when one officer asked me what I was doing (my bf was also…
We are living in the age of digital video. HD 720p and 1080p CRYSTAL CLEAR Video. If a picture is worth a thousand words, then a video is worth a million.
I had video evidence for a case but it was not accepted. I apparently did not submit it properly/ at the right time. Despite this I had my ticket…
According to current regulations, no electric car can be driven in Ontario (and anywhere else in Canada except BC). Do you find it somewhat ridiculous that, despite all the fanfare about the environmentally friendliness talk, and high gas prices moans, we cannot use the most…
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
I might be moving from Manitoba to the Ottawa area.
My question is, I drive a 4x4 truck and my summer tires stick out beyond the fenders about 1.5-2inches. Is that illegal in Ontario? If so will installing fender flares take care of the problem? Also the truck has True dual exhaust (2 pipes from…
Okay so while at school today i parked on a residential street in Hamilton Ontario. the person in front of me did not pull up very far so i was forced to park fairly close to the driveway of the house i was in front of. I got out to make sure they had plenty of room to drive out if they wanted to,…
Just wondering if I can get some help on what to do for this ticket. I have a court date on August 17th. I simply cannot afford this. I haven't had an offence in years, and pay attention to my speeds now. One night when I was too focused on the road and not the speedometer, I get pulled…
I got pulled over for doing 147 in a posted 90 zone on hwy 17 heading east towards Ottawa where I live. My car was impounded for 7 days and the officer took my licence. I'll probably go with one of those traffic ticket places. I don't feel like driving to North Bay 4 or 5 times.
