Hi, I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign. There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed. Right after the car in front me went through the stop sign, so I stopped and then driving through the stop sign, but this car with the hazard-light flashing then emerging to my lane, and they kept honking at me non-stop for no reason. They think I cut-in in front of them. At the next stop sign they stopped the honking and I saw my rear-view mirror I believe they took a photo of my license plate. Can I ask for your advise, if they want to file a traffic complain in the GTA what are the possible outcome for me? a warning letter? or a traffic ticket?
Hi,
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign, so I stopped and then driving through the stop sign, but this car with the hazard-light flashing then emerging to my lane, and they kept honking at me non-stop for no reason. They think I cut-in in front of them.
At the next stop sign they stopped the honking and I saw my rear-view mirror I believe they took a photo of my license plate.
Can I ask for your advise, if they want to file a traffic complain in the GTA what are the possible outcome for me? a warning letter? or a traffic ticket?
Worst case is police could show up to give you a ticket. My adivce, if police show up to give you ticket, is to exercise your right to silence and DO NOT ANSWER any of the police questions. If they are asking you questions it is because they do not have enough evidence to give you a ticket yet and are looking for you to give them the evidence they need.
Worst case is police could show up to give you a ticket.
My adivce, if police show up to give you ticket, is to exercise your right to silence and DO NOT ANSWER any of the police questions. If they are asking you questions it is because they do not have enough evidence to give you a ticket yet and are looking for you to give them the evidence they need.
Thanks for advice Since I don't believe I conviced any highway traffic act because I did stop at the stop sign for few seconds. Even if the person behind me take picture of my plate number and file a complain. They don't have enough evidence nor a witness to press any charge against me. Plus They don't know who is driving my car.
Thanks for advice
Since I don't believe I conviced any highway traffic act because I did stop at the stop sign for few seconds. Even if the person behind me take picture of my plate number and file a complain. They don't have enough evidence nor a witness to press any charge against me. Plus They don't know who is driving my car.
While it is theoretically possible for the police to issue a ticket based on the other driver's witness statement, I think they probably won't. Police forces in the GTA are usually too busy to follow up on something like this. I think to placate the other driver they may send you a warning letter but that is probably it. However, if they do decide to follow up and investigate follow jsherk's advice and don't admit to anything. Too many people ruin their own defence by confessing when they could have just stayed silent.
While it is theoretically possible for the police to issue a ticket based on the other driver's witness statement, I think they probably won't. Police forces in the GTA are usually too busy to follow up on something like this. I think to placate the other driver they may send you a warning letter but that is probably it. However, if they do decide to follow up and investigate follow jsherk's advice and don't admit to anything. Too many people ruin their own defence by confessing when they could have just stayed silent.
Another possibility is that you may simply receive a letter in the mail stating that a complaint had been made about your vehicle. The letter has no teeth as far as consequence.
Another possibility is that you may simply receive a letter in the mail stating that a complaint had been made about your vehicle. The letter has no teeth as far as consequence.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
so think about this light bulb moment "someone in a car took a picture of YOUR car" whilst they where in control of it not parked up with engine off, on the side of the road.. Were they using a phone which had a camera..... where ..... they...... using ............a PHONE Do you wanna hazard a guess what that comes under.... plenty of threads on using a phone in a car ? give it 30sec's the bulb will go off
so think about this light bulb moment
"someone in a car took a picture of YOUR car" whilst they where in control of it not parked up with engine off, on the side of the road..
Were they using a phone which had a camera..... where ..... they...... using ............a PHONE
Do you wanna hazard a guess what that comes under....
plenty of threads on using a phone in a car ?
give it 30sec's the bulb will go off
Last edited by bobajob on Mon Feb 06, 2017 1:59 pm, edited 1 time in total.
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
mind you you said they... the driver or passenger ? if driver...... go home have a drink and forget about it
mind you you said they... the driver or passenger ?
if driver...... go home have a drink and forget about it
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
some douche bag, cut me up, so I replied the courtesy, HE then proceeded to video my car while HE was driving on the 407, (although all he got was me driving in front of him) heard NOTHING. be happy to take that one to court LOL " M'lud. the witness was using a hand held device whilst driving to video my car, as can be seen from his own self-incriminating video you can tell that the iphone was balanced precariously on his steering wheel" LOLOLOL
some douche bag, cut me up, so I replied the courtesy, HE then proceeded to video my car while HE was driving on the 407,
(although all he got was me driving in front of him)
heard NOTHING. be happy to take that one to court LOL
" M'lud. the witness was using a hand held device whilst driving to video my car, as can be seen from his own self-incriminating video you can tell that the iphone was balanced precariously on his steering wheel"
LOLOLOL
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
^^^^^ don't say a word as jsherk say's, plead the 5th (oh wait we don't have a 5th)
jsherk wrote:
They do not know who was driving your car unless YOU tell them. You are not required to tell them, so if they ask, don't tell them.
^^^^^ don't say a word as jsherk say's, plead the 5th (oh wait we don't have a 5th)
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
What everyone else said. Stay quiet and if the officer follows up politely tell the officer you do not wish to make any statements if there are no charges being laid. If he insists on telling you that you have to tell your side of the story ask him are you forcing me to make a statement against my own free will. if he says no, say then i don't want to make a statement. If he says yes (99.99% sure he won't) then go in with the lawyer. I have a court date coming on friday because a pedestrian filed a report against saying that i allegedly hit her when my car was not even moving. Officer followed up and like a retard i went and a made a statement to tell my side of the story and he charged me with careless driving fail to remain and report an accident. Short story is that I could have avoided this whole mess if only i just said i dont want to make a statement
What everyone else said. Stay quiet and if the officer follows up politely tell the officer you do not wish to make any statements if there are no charges being laid. If he insists on telling you that you have to tell your side of the story ask him are you forcing me to make a statement against my own free will. if he says no, say then i don't want to make a statement. If he says yes (99.99% sure he won't) then go in with the lawyer. I have a court date coming on friday because a pedestrian filed a report against saying that i allegedly hit her when my car was not even moving. Officer followed up and like a retard i went and a made a statement to tell my side of the story and he charged me with careless driving fail to remain and report an accident. Short story is that I could have avoided this whole mess if only i just said i dont want to make a statement
We have the 13th ... 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. http://laws-lois.justice.gc.ca/eng/const/page-15.html
bobajob wrote:
plead the 5th (oh wait we don't have a 5th)
We have the 13th ...
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
The big difference is we have to answer the question. So even though the testimony can't be used against the witness, it's still "out there." In the US, Taking the Fifth means not having to answer the question in the first place.
jsherk wrote:
We have the 13th ...
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
The big difference is we have to answer the question. So even though the testimony can't be used against the witness, it's still "out there." In the US, Taking the Fifth means not having to answer the question in the first place.
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