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Will statement be used in court
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PostPosted: Mon Nov 18, 2013 10:22 am 
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Joined: Mon Nov 18, 2013 9:57 am
Posts: 41
Hello. Thank you to the community for all the great info here, the help and information is greatly appreciated.

My daughter, G2 lic, has been charged with Careless Driving. We are currently waiting for a notice for a Early Resolution meeting.

I am wondering if it likely that the statement provided to the police will be admissable in court. I understand that void dire would likely occur to settle it, but looking at cases it is not clear to me where this situation would land, and I am wondering if I am not in jeopardy of creating additional problems if I tell the truth. So here it goes:

- 911 called and drivers were told no officer would be dispatched (accident under $1000, no injury)
- other driver decided to report it 2 days later to police, and told me about it 3 days after that
- the next day (6 days later) I went to the OPP detachment and spoke to an officer, a different one from the one the other driver spoke to. She inspected our car, and did not take any pictures. (there was only paint on our bumper, no damage). I asked that if a report was not needed, I would prefer not to complete one, she told me as the other driver had filed, it was needed.
- I gave her the insurance and ownership info for the car, and a statement signed by my daughter. My daughter was not present as she was at school.
- The other driver also did not go, her father had, with a statement from the other driver

Will it be enough that I asked for the statement only to be used if it was needed to make it inadmissible? Will I be able to testify in the void dire? The officer asked no questions of my daughter before giving her the ticket. No caution was ever issued.

When meeting with the prosecutor, does it matter to mention the statement is in question, as they weight the likelihood of being able to make out the case for conviction?

Thanks for the help


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Re: Will statement be used in court
PostPosted: Mon Nov 18, 2013 10:28 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Why did you have a written statement with you when you went to the police? Were you (or your daughter) asked to write one out by the police?


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Re: Will statement be used in court
PostPosted: Mon Nov 18, 2013 11:49 am 
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Joined: Mon Nov 18, 2013 9:57 am
Posts: 41
Thank you for your reply and question.

The father of the other driver reported the accident with a statement from his child, and told me I needed to do the same. When we talked 5 days after the accident he said he was surprised the police had not yet contacted my daughter as he was told 3 days earlier they would be "looking for her". After hearing this I went to the police as soon as I could, and my daughter was not available to go with me. I had looked at the reporting requirements and noted that accidents under $1000 with no injury were not manditory to report (no damage to public prop, etc as well), so really didn't know if this was necessary even when I went. The sites I looked at also said a statement was required when a report was made I took one with me...so that I would not have to return if it was required. The police station is over a half hour away from my home.

I decided to go because I was concerned that she may be charged with fail to report....did not anticipate a careless charge at all as it was so minor. The officer I handed the statement to had said they had better things to do than spend time on little things like this.

I truly felt the statement was required by law.


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Re: Will statement be used in court
PostPosted: Mon Nov 18, 2013 12:12 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
It’s impossible to say with any certainty whether the statement would be admissible or not. There’s lots of case law surrounding statement admissibility and it’s always very dependent on beliefs and explanations provided during the voir dire. If you feel the statement is problematic to your daughter’s defence, then you may want to consult with a legal professional who’d be in the best position to argue against it in Court. Keep in mind though, the Crown may feel the statement isn’t even beneficial and not even try to enter it as evidence. If you have a pretrial meeting with the Crown, I’d simply see what they’re willing to offer and go from there. It’s pretty much guaranteed you’ll be at least offered a plea deal to a lesser offence.


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Re: Will statement be used in court
PostPosted: Mon Nov 18, 2013 1:29 pm 
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Joined: Mon Nov 18, 2013 9:57 am
Posts: 41
Thank you.

I figured they will offer a lesser charge, and plan to be open to hearing it. Not sure they will go low enough though for it to balance out the risk of trial. She will face a 30 day suspension for any 4 point or over charge and will lose her job because of it...so it could be worth the risk at trial if the offer isn't significantly lower. Also the delay to get to trial could work in her favour as she will have completed her contract before it gets to court.

I was thinking her statement must be what the officer based the charge on as there is nothing more than the 2 statements at this point, and the other driver's father has said they don't agree with what has happened in terms of charges. Can I ask for and get disclosure before meeting with the prosecutor for early resolution, just to know what the other driver's statement was?

I really don't get the sense that the early resolution is a negotiation...more of an offer, take it or go to trial. I think she has a good chance of acquittal and would definitely hire a representative for trial but not thinking it is needed for early resolution.

I appreciate your insights and time. Very helpful.


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