HIGHWAY TRAFFICE ACT 141 (5)

Brampton
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HIGHWAY TRAFFICE ACT 141 (5)

by: Brampton on
Tue Dec 22, 2015 12:33 am

Hello Every One.

Got into accident today in brampton. I was in north bound lanes and waiting for my turn in the intersection to make left turn ( west bound ). Other car was coming South bound in far right lane going straight (south).

time night time weather rain. road conditions wet.

other party has black color car

i was waiting for my turn and i started to turn left when light turn amber to red. my opposit side (south side) traffic 3 lanes cars were already stoped and the fourth one (far right) was open means no car was stoped there. Mind you. Public transportation bus was south bound (in left lane) but stoped because traffice ligth tunred red

when i saw the cars are stoped on the opposit side and signal is changing to red i decided to make left turn. The right lane which i refered earler that was open, other party was coming at full speed or may be fast (try to beat red light) came and hit me. I noticed her only when she hit me.

I have independent witness who gave his statment to officer and willing to testify.

his statment : he was first car in line coming from east side going west bound. He saw the accident. His statment is when accident happend all four Intersection lights were red. He didn't hear any tire noise which shows that other party try to stop. means the 2nd party didnt every try to stop even though other 3 lane cars are stoped and light turned red.

Officer gave me ticket under 141 (5) and said i am giving u break that i am not giving u careless just pay it. he also said witness statment is differnet from what i am saying meanwhile i spoke to witness and witness assure me that he is willing to go to court. When i asked him how many witness you have he didn't reply and just said i am giving you break.

Officer behavior was kind of rude. he didn't take my statement. He attended the other party very well but didn't explained me every thing properly.

one example. the motor vehicle collision info exchange card he gave me . it shows other party insurance expiry date as follow 15/11/04 which i guess means 2015/nov / 04.

i am not being judgmental but i want to see police report that what he wrote and how many witness he had.
plz help me what should i do ?


argyll
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by: argyll on
Tue Dec 22, 2015 2:15 am

Select the trial option and ask for disclosure. Then you can see what the evidence is.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


jsherk
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by: jsherk on
Wed Dec 23, 2015 9:17 pm

Plead NOT GUILTY and request a trial with the officer present. When you get your Notice of Trial, you can then ask for discloure (officers notes and all witness statements).

After you get this information, you could still just pay the ticket if you really don't want to go to court, however this is the only way to ensure you get everything you want.

Did you get contact info for your witness because if you do go to court, you may want to make sure they show up to help you.
+++ This is not legal advice, only my opinion +++


Brampton
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by: Brampton on
Tue May 24, 2016 7:47 pm

Hello Every One.

Had a court date on May 19th. My Paralegal requested the Disclosure. We were surprised and happy to know that Cop didn't bothered to add key witness into his notes even though that witness gave written statement with signatures.

It was the witness who called the 911 because both parties were in shock.

So that was easy win for Paralegal (i guess.)

Charges were withdrawn.

Now next battle is to deal with insurance company to get money for my van because its not our fault.

Thx for every one who replied

Regards


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