How long to lay charges?

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Smokey
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How long to lay charges?

Unread post by Smokey on

I have a question about length of time to lay charges after accident.

Heres the story.

I friends son was in an accident 89 day ago from today. He was was traveling at a high rate of speed when he lost control left the road and wrapped the car around a tree. Somehow he survived. Anyway the officers showed up at the parents house to notify them and take them to hospital to see how he was. They were informed this was a DWI, but that didn't worry them at the time just the health of their son.

So it's been 89 days since the accident and he has not been charged or heard anything since then. He has since started college and is in a course that cost 10g a year and if he is charged he will never land a job in the field if he has a criminal charge against him. So they want to know if he should pull out and save the 10g or keep at it hoping the charges will never come.

I know and the kid knows how stupid the move was, but it's happened and he can't go backwards now.

So how long do they have to lay the charges if there coming?

Thanks for all the help

Mike


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Squishy
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Unread post by Squishy on

I'm not completely sure, but I don't think there is a limit. Summary conviction offences have a six-month limit, but impaired driving is a hybrid offence and the Crown can choose to prosecute as an indictable offence, which has no limit.

Now, I don't know if there is a certain time frame in practice after which you can assume the officer or the prosecutor has let it go.

Is he able to switch programs in college to something he likes and will be able to do with a conviction? Most colleges allow you to apply credits from courses you have already taken to another program, so he would not have to start from scratch. If that is possible, I would stay in the current program and remember the other program as a backup.
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hwybear
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Unread post by hwybear on

Tell the young lad to call the investigating officer and ask. Either that no charges are being laid or the investigation is ongoing and the police are checking with the crown to see if there is enough evidence to proceed with charges.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


tdrive2
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Unread post by tdrive2 on

To be honest if nothing has happened i think it got put down.

To be honet in my opinoin this is not of priority. If no one was hurt or killed i dont think he is gonna get charged.

Is a dwi = drunk driving i dont know what that means sorry?

If i were a cop i would tell the kid he better keep it under control. Everyone likes to push their car once and a while and driving fast may be fun. Go to a track, drive properly, no alcohol, and don't do it on public highways endangering your life and other's lives.

But IMO the kid crashed his own car into a tree. Is it criminal to crash your car into a brick wall or your own house?

I don't know but i would doubt. Although they could charge him with careless driving. There is no proof though he was speeding.

Even if they wanted to charge him i don't think their is really any evidence. There is no proof he was speeding or anything.

If a dwi is alcohol and they got him down for that then he could be in trouble.

But without any evidence what is to say he didnt see an anmimal on the road and freak out or was blinded by another driver and lost control?

Losing control of your car is not a crime. If i am driving somewhere up north and see a moose on the road and am blinded by oncoming lights and crash onto the side of the road while not under the influence is not a crime, its an accident.

An accident is not a crime.

So what proof or evidence do they have and did he hit anyone elses car or have some sort of proof of speeding, careless, reckless driving etc?

How was his driving record before the accident?


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Squishy
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Unread post by Squishy on

DWI = Driving While Intoxicated, DUI = Driving Under the Influence

What you call it depends on what TV show you watch. :D
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racer
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Unread post by racer on

Squishy wrote:DWI = Driving While Intoxicated, DUI = Driving Under the Influence

What you call it depends on what TV show you watch. :D
Could DWI be Driving Without Insurance?


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Squishy
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Unread post by Squishy on

That wouldn't be a criminal charge though, would it? Driving without insurance falls under the CAIA, I think.
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hwybear
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Unread post by hwybear on

tdrive2 wrote:To be honest if nothing has happened i think it got put down.

To be honet in my opinoin this is not of priority. If no one was hurt or killed i dont think he is gonna get charged.
Might have had to obtain a warrant to seize blood from hospital, then send the blood to CFS (Centre of Forensic Science) to analyze, which often takes months, then return with a result.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Smokey
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Unread post by Smokey on

Thanks for the input. Yes ti was alcohol and his record was clean till this. It was so out of character for him but he admits fault and has to deal with it. He is just wishing he knew what was coming. I'm going to sugest he contact the investigating officer and see where he stands. No sense hiding from it if it's on the way, better to start preparing for it.

Thanks Again


tdrive2
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Unread post by tdrive2 on

I think hwybear has given you the advice you need.

I think it depends on the results of his blood. If he was "to far over the limit" and they can conclude that this happened from alcohol they can charge him.

He should call the officer and ask what is happening with the investigation or go to the local station to see.

as hwybear said getting stuff like that can take a really long time and is a process.

Either way you should have him find out so he is prepared if the case is on going.






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