What are the legal ramifications if I dented another person's car with my fists (not my car)? I was arrested, but *not* charged by the police. i.e. there's an arrest record on file with local police, but no ticket, no court date, etc. I checked with the police a few days after the incident, and they told me that at this point, legally, I'm in the clear. I was "released unconditionally" at the time of the incident. That is, I won't see the police again for this situation. They (the other side) is asking for $3000 to replace-and-repaint the hood; but it was a dealer-estimate; not an actual receipt for services-rendered / repair done. I checked with a couple of dent-removal specialists (with some pictures) and they all verbally quoted under-1k for the work (of course verbally, they all said it would be better if they could see the damage first-hand). It's hand-on-metal damage, so there's no paint scratches or some such. One of them even suggested they may be able to heat up the metal a bit and just pop the dent out... But they all uniformly said it wasn't a $3000 repair... I was advised not to just hand over cash / cheque, as any receipt I obtained from the other side wouldn't be legally binding, and they could come back and claim I didn't pay them (i.e. end up paying twice). This part makes sense. I understand that the other party can take me to small claims court for the damages, if so desired (it's a really shallow dent caused by one fist). Is this their only legal option if I refuse to agree to their terms to "hand over the cash"?
What are the legal ramifications if I dented another person's car with my fists (not my car)?
I was arrested, but *not* charged by the police. i.e. there's an arrest record on file with local police, but no ticket, no court date, etc.
I checked with the police a few days after the incident, and they told me that at this point, legally, I'm in the clear. I was "released unconditionally" at the time of the incident. That is, I won't see the police again for this situation.
They (the other side) is asking for $3000 to replace-and-repaint the hood; but it was a dealer-estimate; not an actual receipt for services-rendered / repair done. I checked with a couple of dent-removal specialists (with some pictures) and they all verbally quoted under-1k for the work (of course verbally, they all said it would be better if they could see the damage first-hand). It's hand-on-metal damage, so there's no paint scratches or some such. One of them even suggested they may be able to heat up the metal a bit and just pop the dent out... But they all uniformly said it wasn't a $3000 repair...
I was advised not to just hand over cash / cheque, as any receipt I obtained from the other side wouldn't be legally binding, and they could come back and claim I didn't pay them (i.e. end up paying twice). This part makes sense.
I understand that the other party can take me to small claims court for the damages, if so desired (it's a really shallow dent caused by one fist). Is this their only legal option if I refuse to agree to their terms to "hand over the cash"?
You're talking criminal and civil issues here. It's somewhat out of the realm of the forum. As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.
You're talking criminal and civil issues here. It's somewhat out of the realm of the forum.
As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.
Thanks for the quick reply. Sorry for posting out-of-realm; just one of those bugging questions. I'll double-check with a lawyer :) .
bend wrote:
You're talking criminal and civil issues here. It's somewhat out of the realm of the forum.
As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.
Thanks for the quick reply. Sorry for posting out-of-realm; just one of those bugging questions. I'll double-check with a lawyer .
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
OPS Copper wrote:
Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.
OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons? Thanks for the feedback all. It was one of those can't-sleep type of questions, so I checked with the police of the jurisdiction I'm in, and they said that they can't come back after the fact and re-arrest me for the same incident. The police officer on-scene at the time made a judgement call not to proceed with charges, so there's nothing pending. There's still a "local" arrest record in the police database that I'll have to deal with, but it's not a *criminal* record because charges were not pressed, I wasn't brought before a judge and judged "guilty". I also checked with a lawyer - worst case is that I would have to deal with a civil suit from the opposing party down the road; it would be in small-claims court. I'll deal with it at that point. Hopefully my financial situation will have improved by then.
EphOph wrote:
OPS Copper wrote:
Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.
OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
Thanks for the feedback all. It was one of those can't-sleep type of questions, so I checked with the police of the jurisdiction I'm in, and they said that they can't come back after the fact and re-arrest me for the same incident. The police officer on-scene at the time made a judgement call not to proceed with charges, so there's nothing pending.
There's still a "local" arrest record in the police database that I'll have to deal with, but it's not a *criminal* record because charges were not pressed, I wasn't brought before a judge and judged "guilty".
I also checked with a lawyer - worst case is that I would have to deal with a civil suit from the opposing party down the road; it would be in small-claims court. I'll deal with it at that point. Hopefully my financial situation will have improved by then.
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons? Yes private citizens can file charges directly with the court, they don't have to go through the police. Here is a link to the Ministry of the Attorney General's website that explains the process in more detail. https://www.attorneygeneral.jus.gov.on. ... cution.php
EphOph wrote:
OPS Copper wrote:
Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.
OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
Yes private citizens can file charges directly with the court, they don't have to go through the police. Here is a link to the Ministry of the Attorney General's website that explains the process in more detail. https://www.attorneygeneral.jus.gov.on. ... cution.php
I will be going to trial for my red light camera offence.
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1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
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Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
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I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
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I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
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Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
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I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
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I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
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I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
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