Hi everyone, several months ago, I scratched a stop sign. I had not noticed the stop sign has any tilted or broken. The car went to the grass and pulled by a car that passed by later on. During the pulling, towing company came. After we thanked the guy helping us pull the car back to road, we checked car. left fender and light got damaged, the rest are all fine. Left light still signal. The towing guy got off his truck and looked at car too. He said we may get pulled off by the police if we drove this car on the road. We thought he just want to tow my car and make money. because the car is fine to drive, so we left. The guy called police and we got caught by the police on the road. Police told me that the towing guy told us he had already called the police and the police was on the way to the scene. I immediately said the towing guy was lying, he never said that. I got the disclosure and found that he told police that he said that sentence three times to us but the police did not record I said the guy was lying. The towing guy's statement is definitely bull *EDIT*. But he is regarded as the witness besides people sit in my car. What can I do to nullify his statement? I really need helps. Thank you very much!
Witness is lying
Re: Witness is lying
what exactly were you charged with?
Re: Witness is lying
I was charged with careless driving, fail to remain and fail to report.
- highwaystar
- Sr. Member

- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: Witness is lying
What is your defense going to be? How are you going to explain your car ending up on the grass, requiring a tow truck to get it unstuck (but not really noticing the full extent of the damage when you were out of the car) and likely having damage of more than $1000 which required you to report it? Refuting the tow truck driver's statements will only be a VERY small piece of the puzzle you need to worry about. You've got A LOT bigger issues to contend with.
-
OPS Copper
- Sr. Member

- Posts: 355
- Joined: Thu Aug 27, 2009 10:06 pm
-
Posting Awards
Re: Witness is lying
And the tow truck driver does not have to tell you he called police. In fact he can say no so the person stay around.
Unless there is something else he lied about. Your original post is not that clear.
OPS
Re: Witness is lying
You are wasting your time. Whether or not the tow truck driver told you he was going to call the police or not isn't an issue.
Your alleged careless driving isn't the tow truck drivers fault. You admit you lost control.
Your alleged fail to remain isn't the tow truck drivers fault, whether he is there to tell you to stay or not. It's your duty as a driver to stay as there's been damage to the city from your vehicle. You don't need someone to threaten to call the cops on you.
Your alleged fail to report isn't the tow truck drivers fault. Again, any damage to the highway needs to be reported. You didn't do that.
You are not denying you lost control of your vehicle. You are not denying you left the scene of an accident where two parties (you and the city) sustained damaged. You are not denying you didn't report the damage to the highway. What you are denying is whether the tow truck driver gave you a warning about calling the police. He doesn't have to warn you. There's little doubt in my mind there's more to this story. Doesn't matter either way.
Your current argument is in no way beneficial to your case. It's a big waste of time. Either concentrate your efforts elsewhere or you're going to be in for a big shock come trial date.
Re: Witness is lying
Hi Bend, Thank you very much for your answer. Can you tell me which Highway traffic act shows I have to stay if the stop sign got scratched? Note: I did not notice it is scratched at the time since it is not tilted, not falling down. But the towing guy said it was a kind of scar in his report. I know that if the damage is not apparently higher than $1000, I don't need to report immediately. If I don't need to report immediately, what's the purpose to remain at the scene? Can I get back home and find police station near my home and report it?
What I am concerning is that, if the towing guys lied to say that he told us the police was on the way, but we left. He is the only witness besides the people sit in my car. Will it cause trouble when I defend in the court?
Hope you can give some advice. Thanks.
Re: Witness is lying
labuser wrote:
Can you tell me which Highway traffic act shows I have to stay if the stop sign got scratched? Note: I did not notice it is scratched at the time since it is not tilted, not falling down. But the towing guy said it was a kind of scar in his report. I know that if the damage is not apparently higher than $1000, I don't need to report immediately. If I don't need to report immediately, what's the purpose to remain at the scene? Can I get back home and find police station near my home and report it?
All damage to public property needs to be reported. Damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer.
labuser wrote:
What I am concerning is that, if the towing guys lied to say that he told us the police was on the way, but we left. He is the only witness besides the people sit in my car. Will it cause trouble when I defend in the court?
Personally, I suggest you stop focusing on the tow truck driver and contact someone to represent you in court. Whether he told you to stay or go isn't going to matter.
Re: Witness is lying
Hi Bend, under which HTA? I cannot find it. Please tell me the number. Thanks.
Re: Witness is lying
Section 201
201. Every person who, as a result of an accident or otherwise, operates or drives a vehicle or leads, rides or drives an animal upon a highway and thereby damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer.
Re: Witness is lying
but I am not charged with HTA 201, I am charged with HTA199(1).
Re: Witness is lying
labuser wrote:
but I am not charged with HTA 201, I am charged with HTA199(1).
What did the officer write in the disclosure?
Re: Witness is lying
He wrote I hit the stop sign since I told him. he did not know what happens, so he only listened to witness's testimony (towing guy), i think. I did not notice it was scratched at that time. but the towing guy wrote this on the report.
Re: Witness is lying
labuser wrote:
He wrote I hit the stop sign since I told him. he did not know what happens, so he only listened to witness's testimony (towing guy), i think. I did not notice it was scratched at that time. but the towing guy wrote this on the report.
The damage to your own vehicle is also a factor in reporting an accident.
Post your disclosure in its entirety and maybe you'll get more help.
Re: Witness is lying
Hi Bend, I just feel the disclosure is a bit private, so I am not going to post it now.
If my estimation of the damage of car is not larger than 1000 (car + sign post), can i leave and not report immediately? What do you think about immediately and forthwith? are they the same?
Will my charge be changed from HTA 199 to HTA 201 during trial?
Similar Topics
-
-
- Traffic Ticket and lying Prosecutor
- Posted in Courts and Procedure
- By canadaguy on
- Replies: 11
-
-
-
- Traffic Ticket: Officer is lying
- Posted in Courts and Procedure
- By armenius on
- Replies: 2
-
-
-
- Witness on ticket... no witness
- Posted in General Talk
- By Keegan on
-
-
-
- Witness Statement , No Witness at Trial.
- Posted in Careless Driving
- By avergejoe on
- Replies: 7
-
-
-
- Disclosure- Missing Witness Statement
- Posted in Failing to obey signs
- By Dondon007 on
- Replies: 1
-
-
-
- Crown Witness lied, how to discredit
- Posted in General Talk
- By FiReSTaRT on
- Replies: 4
-
-
-
- Witness
- Posted in General Talk
- By myticket on
- Replies: 1
-
-
-
- Summons to Witness
- Posted in Courts and Procedure
- By dg21208 on
- Replies: 7
-
-
-
-
- Careless Driving - Statement from Another Witness
- Posted in Careless Driving
- By mkovasic on
- Replies: 8
-
-
-
- summons as witness
- Posted in General Talk
- By sunnyticket on
- Replies: 2
-
-
-
- What to do if you witness an HTA infraction
- Posted in General Talk
- By G35Dalf on
- Replies: 12
-
-
-
- Careless Driving No witness, single vehicle collision
- Posted in Careless Driving
- By Ajnew on
- Replies: 4
-
-
-
-
What to expect when subpoenaed as witness in court?
- Posted in Failing to yield the right-of-way
- By MrsMo on
- Replies: 1
-
-
-
-
- Strength of witness statements?
- Posted in Failing to report a collision to a police officer
- By owlbill on
- Replies: 5
-
-
-
- I will fight a traffic ticket, can my wife be my witness?
- Posted in Driver failing to wear a seat belt
- By aleksanm on
- Replies: 1
-
-
-
- Charged Based on a Witness Calling OPP
- Posted in General Talk
- By mjrobby on
- Replies: 5
-
-
-
- Careless Driving- Single car, no witness
- Posted in Careless Driving
- By friskyfrog on
- Replies: 4
-
-
-
- What happens If witness reports a person for not stopping?
- Posted in Failing to stop for a school bus
- By Driver1234 on
- Replies: 7
-
-
-
- Am I entitled to get paid to show as a witness?
- Posted in General Talk
- By boardposter on
- Replies: 13
-
Featured Topics
Summons for HTA 82 (9)
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Too many points all of a sudden
I'm in a bit of a pickle and hope you generous folks don't mind shedding some light
on my situation.
I have an Ontario driver's license . I've recently received a rash of
tickets 4 of them over the last 12 months or so.
If my trials don't go well I could end up with a suspended license. My
trials are scheduled in a 3 months. I'm moving to PEI in about 2
weeks. As of right now my record shows 0…
Improper left turn
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Manual for Genesis VP Directional?
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I want to see if it specifies a tuning…
Speeding ticket
Hey Guys, I need some help regarding an issue.
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
Tickets and filing 11b
hello guys,
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
After waiting almost 40 mins in my car i…
Accident reports with no damage/payout - insurance effect?
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Failed to stop for school bus
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
Officer forgot to sign the ticket.
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
110 in a 80km while passing?
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
Antique Radar Detector...
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
- Though it is…
S.128 and S.172(1) and s.130 and s.8(1) - is possible all to
Is it possible that one be charged with s.128 and s.172(1) and s.130 and s.8(1) under Reg. 678/90 at the same time?
There were no deviced used to register speed.
It's claimed that I drove 140km/h in the area of 60km/h, which wasn't true. I was speeding, no not anywhere close to this speed (max 100km.h).
How best to defend it?
I was offered to plea guilty to stunt driving with minimu fine, no…
First ticket, reduced to 115 in 100 zone
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
Transport Trucks limited to 105 km/h?
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Putting the trucks down more is just…
Notified of motion to adjourn
Hello,
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
Failing to move to the right for emergency vehicle
Hi all,
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
[Ont]Got a ticket for 13(2) obstructing plate, need help
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
Red light camera ticket. Moving for emergency vehicle
Hello,
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
Thank you
J
151Km/hr in Montreal - Ontario Resident
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
A question about disclosure
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Fail to obey stop sign sec. 136(1)(a)
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
Consequential Curiosity...
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
Due to a lack of communication, my…
I was involved in a major accident and i don't know if I will be charged or not.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
Failure to surrender insurance
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
Do police really…
G2, 1 month from full G test, 49 over. Clarification?
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
I have no problem paying the fine and accepting…
