Ticket Turn not in safety - Police not at the scene

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krazeekanuck
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Ticket Turn not in safety - Police not at the scene

by: krazeekanuck on
Wed Feb 29, 2012 1:47 am

Hello all,
I've looked through the site and I am unable to find what I'm looking for.
My wife was charged with "Turn not in Safety" in which the officer was called to the scene and issued her a ticket.
We have scheduled a court date to fight the charge and I have a question. Here is the situation...

She was making a right turn at an intersection with lights and had a green light as she approached. When she rounded the corner a pedestrian was crossing (at what we believe to be outside the intersection), there was a collision with the pedestrian (thanks goodness the injuries were extremely minor and the pedestrian is ok). She called the police/paramedics to ensure he was ok and not seriously injured.
The officer then issued her the "Turn not in safety" ticket

Is this as simple as having the officer on the stand and asking them what they saw, knowing they did not witness anything?
Or do we need to do more?

Thanks.


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hwybear
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by: hwybear on
Wed Feb 29, 2012 7:57 am

krazeekanuck wrote:Is this as simple as having the officer on the stand and asking them what they saw, knowing they did not witness anything?
Or do we need to do more?.
This is the same as every other collision, officer will be able to provide, vehicle/driver information and pedestrian info. The pedestrian who was struck will give the evidence of being struck etc. If there happens to be another witness who provided a statement, they will also be able to give evidence
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca




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hwybear
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by: hwybear on
Tue Mar 06, 2012 12:46 pm

krazeekanuck wrote:thanks
...and if no witnesses show?
no witness = no evidence to bring before the court and offence most likely be withdrawn by prosecutor
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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