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
I just received a parking ticket for parking outside of the space, to me that is crazy because I was parked in the corner of the lot, was not blocking anyone or a through way, so I thought there is no harm. I've seen people park there all day and not get a ticket.
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im…
I was hoping to receive some advice on the unfortunate situation that I currently find myself in.
Last night, at 7pm, I was at an intersection waiting for the oncoming traffic to clear so that I could turn left. I thought that I was waiting at the intersection behind only one other vehicle (a van)…
So i received my first speeding ticket...officer claimed I was doing 73 km/hr in a 50 zone. He did reduce it to 63 - should fight it? The ticket did not mention a cross road. Its just states N.B on Caledonia. I don't believe d points are affected but I'm worried about insurance.
Exactly a week ago today, I was caught going 135 in an 80, on Highway 3 near Windsor, Ontario. I know this is just completely idiotic and there hasn't been a minute since I was charged that I haven't been smacking myself for this. I'm very, very remorseful and just overall torn about…
I was making a left turn, didn't have headlights on and was putting on my seatbelt at a time. Really stupid thing to do, was very stressed out and just feel dumb about it. What am I facing, and what impact will it have on my insurance? On ticket it just says Careless driving, there are no details..
Late Saturday afternoon, December 1st, I entered the Shops at Don Mills with my vehicle and drove due East as I needed to make a quick deposit in the TD Bank. I made a left hand turn onto the side street and on the right side where I parked, there is a condo under construction with all the usual…
Hi, I just received a notice in the mail with pictures of my car going through a red light. Ticket is in my husband's name, as he is the car owner, but I drive this car. I'm guilty as can be... can't remember doing it, but apparently went right through intersection after light turned red. I…
