(5) Left Turn - Fail To Afford Reasonable Opportunity To Avoid Collision. Help With Trial.

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Joined: Wed Sep 12, 2018 7:32 pm

(5) Left Turn - Fail To Afford Reasonable Opportunity To Avoid Collision. Help With Trial.

by: Banks on

Hi Everyone,

I will try and make this to the point. I was driving a work truck in Mississauga Ontario and made a left turn in our big Diesel truck (Like a moving truck) I was clipped on the bumper by another vehicle that was driving straight thru the intersection . Minor damage our steel bumper. His car I am sure was a write off or close to it. I was charged with Sec 141 (5) of the HTA. Left Turn - Fail to afford reasonable opportunity to avoid collision. The cop suggested i fight it and said 90% are thrown out.

The other guy had a dash cam. I think he was speeding and distracted but thats my opinion, Maybe i am wrong (I didn't doubt my self at the time. But it was a crappy day)

So I requested trial on July 25 and was given a date for end of Oct. I requested disclosure the same day. Sept 12 still no disclosure and today I received 2 letters in the mail.

Fire and Emergency Services attending a scene of an Accident as per by law 156-17.

Dr E-MG Materials $246.11 ?

I never called or was seen by anyone and only talked to the police officer.

I also received a Notice of Motion"Take Notice that an application will be made by the prosecutor on Sept 24 to change court date ?

I am only fighting this so it does not go on my driving record because it was under my bosses insurance and he has accident forgiveness. I do not want my insurance to go up.

I am assuming I just wait for the disclosure ? It will be 8 weeks I think on Monday since I requested it.

If you have any questions please let me know, I didn't get into detail of the accident to keep it short.

Thanks for your time.

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Joined: Thu May 26, 2016 1:15 pm

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by: whaddyaknow on

Regarding the emergency service bill, this is normal in some municipalities and you can pass it on to the insurance company or pay it yourself. The bill is for attending the incident in general, not specific to you, but since you were the "at fault" party you get the bill.

Regarding disclosure, you should check with the courthouse. The onus may be on you to check in to see if it's ready or not and go pick it up.

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