Unless there is something else he lied about. Your original post is not that clear.
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.
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.
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: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?
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.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?
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.
What did the officer write in the disclosure?labuser wrote:but I am not charged with HTA 201, I am charged with HTA199(1).
The damage to your own vehicle is also a factor in reporting an accident.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.
Post your disclosure in its entirety and maybe you'll get more help.
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?