This is in regards to an incident involving a colleague of mine. He was driving the emergency vehicle with the warning systems of activated, driving at about 55km/h on a snow covered country road that has multiple bends. Upon coming out of a particular sharp bend, a woman was standing in the roadway and did not move when he honked the horn multiple times. He took evasive action which resulted in her being struck by the side of the vehicle, at the rear. She denied any injuries and signed the documentation detailing the lack of injury. No damage was incurred on the vehicle. The police are now charging him with failing to report. Does Section 199 not require that an injury or damage greater than 1000.00$ be incurred for such a charge to be appropriate?
This is in regards to an incident involving a colleague of mine.
He was driving the emergency vehicle with the warning systems of activated, driving at about 55km/h on a snow covered country road that has multiple bends. Upon coming out of a particular sharp bend, a woman was standing in the roadway and did not move when he honked the horn multiple times. He took evasive action which resulted in her being struck by the side of the vehicle, at the rear. She denied any injuries and signed the documentation detailing the lack of injury. No damage was incurred on the vehicle.
The police are now charging him with failing to report. Does Section 199 not require that an injury or damage greater than 1000.00$ be incurred for such a charge to be appropriate?
Yes, there needs to be some type of injury. If the driver has documentation supporting that the person wasn't injured (not that they simply declined medical aid) then I'd think that's a pretty good defence.
Yes, there needs to be some type of injury. If the driver has documentation supporting that the person wasn't injured (not that they simply declined medical aid) then I'd think that's a pretty good defence.
I'm usually not a betting man, but I'd bet good money that your co-worker will have his charges dropped or will win at trial. I would advise against a plea-bargain, particularly since he has documentation, signed by the victim no less, that she was NOT injured. He stopped, he checked on her, he did his due diligence - just like Stanton said. I would suggest that your co-worker go through the standard procedure: Request a trial, file for disclosure, and put the paperwork together - specifically, the information from the pylon, er, pedestrian, who said she wasn't injured. (Who in their right mind continues to stand in the middle of the road with an ambulance coming at them?!) If a First Attendance meeting is offered, have your co-worker go in and present the paperwork, and indicate that there will be a full-on trial if the charges are not withdrawn. There should be some sort of EAP, or if you don't have one, maybe your union can provide some legal assistance in the form of a paralegal or traffic lawyer, as this was definitely work-related.
I'm usually not a betting man, but I'd bet good money that your co-worker will have his charges dropped or will win at trial. I would advise against a plea-bargain, particularly since he has documentation, signed by the victim no less, that she was NOT injured. He stopped, he checked on her, he did his due diligence - just like Stanton said. I would suggest that your co-worker go through the standard procedure: Request a trial, file for disclosure, and put the paperwork together - specifically, the information from the pylon, er, pedestrian, who said she wasn't injured. (Who in their right mind continues to stand in the middle of the road with an ambulance coming at them?!) If a First Attendance meeting is offered, have your co-worker go in and present the paperwork, and indicate that there will be a full-on trial if the charges are not withdrawn. There should be some sort of EAP, or if you don't have one, maybe your union can provide some legal assistance in the form of a paralegal or traffic lawyer, as this was definitely work-related.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hi... I recently got a ticket for disobeying a sign but the sign was a ROAD CLOSED - LOCAL TRAFFIC SIGN. The officer told me that I had disobeyed a posted sign but my argument was that I was local traffic since I was looking for a friend who lived around that area... was actually lost and happened…
Today I was driving towards the intersection Derry Rd. and Creditview Rd in Mississauga. When I enterend the intersection, the traffic light just turned from Green to Amber. It was little bit raining and I judged i can not stopped there. I was driving straight through on amber light then when I got…
i need some help here.I made u turn @ warden costco.There is sign for no u turn,but i didn't notice it and i made u turn as i saw there was one car ahead of me doing the samething.
anyways this is my first time so i don't know what to do.Should i pay it off or fight it.and i am curious about if…
I have a question re demerits and insurance. When do these appear? The day I get the ticket or when I pay it? I got a ticket with demerit points last week. If I make any changes to my insurance will they see it on my record before I pay/fight the fine?
So I just left my house and stopped at a STOP sign from my street turning left (it was not an all-way stop). I stopped and checked my right then left and did not see any cars and started my turn. All of a sudden a jeep appeared to the right of me about 3 seconds later driving very close. I…
Bac above zero, g2 driver, 24 hour suspension. Had half a beer and drove 1 hr later. Failed breathalizer. I am in police foundations college course, did i ruin my future career? First offence, otherwise clean.
I got a ticket one day by making an illegal left turn, but police officer give me 2 copies of tickets. one is Certificate of Offence, the other is Offence Notice.
I went to the internet website to pay my ticket on the 15th day of my Offence date, the system still shows that my ticket is not in the…
Two days ago, I was exiting the 401 ramp on the highway and then entered on the highway ramp again. There is no sign indicating that you CANNOT go through? There are lane markings and a sign with the lane marking, and I was in the middle lane with the arrows pointing left and right. so I…
I was driving home in the city, in the centre lane when the van 2 cars ahead hit her brakes hard which made the guy in front of me slam on his brakes and then I slammed on mine. However i was unable to stop in time and hit his car and his car hit her van. We call got out…
I got my first traffic ticket (after two parking tickets out of which one was cleared) after a year of getting my G2 license. I feel fairly confident that I'm not guilty. The officer said that it was a T intersection, and I was bumper to bumper to the car ahead of me. According to him, I should've…