hello, Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of provice/country constantly for work>) if you have not been subpoenead yet and was told by the officer that you might be .. can you request to not be a witness ? Thank you in advance.
hello,
Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of provice/country constantly for work>)
if you have not been subpoenead yet and was told by the officer that you might be .. can you request to not be a witness ?
No, and the consequences for not appearing in court is a $2000 fine and 30-days in jail. If you look at OPS Copper's post, you'll see that they take 'fail to appear' very seriously. http://www.ontariohighwaytrafficact.com ... tml#p29902 You get a few weeks/months advance notice of the trial date. So you can make arrangements to attend, if you have a problem with the date you can contact the courts and see if they can re-schedule for a date of your convenience. Nothing short of being hospitalized or a family emergency would let you get away for not appearing.
No, and the consequences for not appearing in court is a $2000 fine and 30-days in jail. If you look at OPS Copper's post, you'll see that they take 'fail to appear' very seriously.
We had a JP here issue witness warrants for all the missing witnesses. We also made sure that we attended their places of work to arrest them.
You get a few weeks/months advance notice of the trial date. So you can make arrangements to attend, if you have a problem with the date you can contact the courts and see if they can re-schedule for a date of your convenience.
Nothing short of being hospitalized or a family emergency would let you get away for not appearing.
thank you for your reply. this is very troubling. what if I dont want to be a witness in court! you cant be forced to be a witness .. can you? and if your testimony does not match word by word to what the officer has in his notes ? then what?
thank you for your reply.
this is very troubling.
what if I dont want to be a witness in court! you cant be forced to be a witness .. can you?
and if your testimony does not match word by word to what the officer has in his notes ? then what?
I am starting to suspect that from your line of questions you lied to the police at the scene and later you cannot remember the details of what you said. That is why you are so worried about what they will ask. That you said something not true and now if asked you will not know what to answer. OPS
I am starting to suspect that from your line of questions you lied to the police at the scene and later you cannot remember the details of what you said. That is why you are so worried about what they will ask. That you said something not true and now if asked you will not know what to answer.
Just because you witnessed an accident doesnt mean youll be required to attend Court. Many matters never proceed to trial, either because the accused simply pleads guilty or the matter is resolved with a plea deal. Even if the accused initially requests a trial, sometimes a plea deal will be reached on the day of the trial negating any need for you to testify. Theres no way to "opt out" of being a witness, but I really wouldnt worry about it since most matters dont proceed to trial. If you are eventually subpoenaed, it will probably be several months down the road. The trial could easily be a year or more from when the offence happened. If and when that happens, you can contact the Crowns office to speak with them regarding your concerns. If you were to be legitimately away, they may be able to reschedule to a date that works for you. If youre simply nervous about testifying (which many people are, even people who do so on a regular basis) the Crown will also be able to explain the process to you and walk through what will happen. If you provided police with a written statement at the time of the incident, youll be able to review it and refresh your memory prior to the trial. It might also be beneficial to attend Court for a trial prior to testifying, simply to see how the process works.
Just because you witnessed an accident doesnt mean youll be required to attend Court. Many matters never proceed to trial, either because the accused simply pleads guilty or the matter is resolved with a plea deal. Even if the accused initially requests a trial, sometimes a plea deal will be reached on the day of the trial negating any need for you to testify. Theres no way to "opt out" of being a witness, but I really wouldnt worry about it since most matters dont proceed to trial.
If you are eventually subpoenaed, it will probably be several months down the road. The trial could easily be a year or more from when the offence happened. If and when that happens, you can contact the Crowns office to speak with them regarding your concerns. If you were to be legitimately away, they may be able to reschedule to a date that works for you. If youre simply nervous about testifying (which many people are, even people who do so on a regular basis) the Crown will also be able to explain the process to you and walk through what will happen. If you provided police with a written statement at the time of the incident, youll be able to review it and refresh your memory prior to the trial. It might also be beneficial to attend Court for a trial prior to testifying, simply to see how the process works.
Finally ! .. Thank you for sharing your knowledge . I completely understand that the trial might not even happen however incase it does I do not want to incriminate the said person due to what I learned after talking to the police. I also have learned that it's the officers job to lay charges at the time of the accident and they let the court system deal with how justifies they might have been .. So all this being said, I don't want this person to be found guilty of what he was charged with after simply scratching my car. My statement to police was not written; I was angry at the time and it seems as if there was a bit of miss communication ..
Finally ! .. Thank you for sharing your knowledge .
I completely understand that the trial might not even happen however incase it does I do not want to incriminate the said person due to what I learned after talking to the police. I also have learned that it's the officers job to lay charges at the time of the accident and they let the court system deal with how justifies they might have been .. So all this being said, I don't want this person to be found guilty of what he was charged with after simply scratching my car. My statement to police was not written; I was angry at the time and it seems as if there was a bit of miss communication ..
That's funny, if someone was in error and scratched my car, I would want them charged, if there was an applicable charge. This person could do this often and keep getting away with it, where enough offences the MTO can pull the licence
That's funny, if someone was in error and scratched my car, I would want them charged, if there was an applicable charge.
This person could do this often and keep getting away with it, where enough offences the MTO can pull the licence
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Funny....I got the same feeling. 2 cops, in different parts of the province, who got the same feeling from a read statement. Ya, we must both be wrong. :roll:
OPS Copper wrote:
I am starting to suspect that from your line of questions you lied to the police at the scene and later you cannot remember the details of what you said. That is why you are so worried about what they will ask. That you said something not true and now if asked you will not know what to answer.
OPS
Funny....I got the same feeling. 2 cops, in different parts of the province, who got the same feeling from a read statement. Ya, we must both be wrong.
Do not take anything I say as legal advice. Only a lawyer can give legal advice. I am not a lawyer.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
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,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…