Can I be charged or get a knock on my door

2000bmwguy
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Can I be charged or get a knock on my door

by: 2000bmwguy on
Thu Jul 30, 2015 3:57 am

Hey everybody this is my first post so please don't be to harsh in responses :p.
So today on my way to work I was headed down a road called "airport road" located in Hamilton /mount hope.
The part of the road I was on was a good 5-6km of flat very very minor changes in elevation in the road and had a single solid yellow going all the way down it . even though you can see more than 2km ahead of yourself easy and any oncoming traffic. Now on my way I was stuck behind a guy in a KIA SUV he was going like 50 in the 60 so I decided to pass him there wasn't any cars oncoming for a good 1km + and the car ahead of him was a good 4 car lengths (50-60ft I'd say) now I knew the speed was soon going to change to 80km be cause it's a country road and I really didn't want to be behind him going 65 in the 80. So I passed him and didn't want to risk the oncoming cars speed so I merged between the KIA and the car that was ahead of him 50 ft. Then this kia of course speed up and got right on my butt like less than 5 ft easily and he did that for like 10 seconds than backed off to like 50 ft and I think i saw him put his hand up to his head so I was worried he was calling the police.

NOW IF HE DID CALL THE POLICE. Ik there's two options he had 1) tell them what happened (probably exadurate saying I did 100 or something) but that just his word saying what happened. And then 2) if he had a dash cam and recorded it you'll see exactly what I described above. (I highly doubt he would go to a station and turn the footage in just over me doing that but who knows)

So could somebody please elaborate if I could get in trouble I know it could be 3 demerit points for "improper lane change)" and it's under the act 148 (8), 149,150,166 and out of those the only thing applied to me was act 148 (8) saying (b) to the left of the vehicle passing or attempting to pass is safely free from overtaking traffic

So do I need to worry about something happening or no? And let day he did call and report it would I even get a knock on the door or just a letter saying slow down like my friend did when somebody reported him speeding but caught his plate and called in..

Thanks pleas respond asap


karra
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by: karra on
Thu Jul 30, 2015 10:13 am

Wait - you may receive a phone call or a summons - they (police) may call you to attend a station for an interview - politely decline and offer an alternative date and time to meet at your office or home. Do not attend the police station.

If any of that occurs - then post and you'll get lots of advice.


jsherk
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by: jsherk on
Fri Jul 31, 2015 9:21 am

Remember that in this case, the only witness is the other driver. So you do NOT have to answer ANY questions the police ask you, otherwise you will incriminate yourself.

The general rule is NEVER TALK TO POLICE, which would appear to apply in your situation.
http://www.ontariohighwaytrafficact.com/topic7032.html

I would NOT got to the police station and I would NOT even set up any kind of meeting with them. If they call say you have "no comment and do not want to answer any questions and have a nice day" and hang up. If they come to your house or office, say that "you have no comment and are not obligated to answer any of their questions and unless you are under arrested or being charged then you would like them to leave you alone".
+++ This is not legal advice, only my opinion +++


2000bmwguy
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by: 2000bmwguy on
Fri Jul 31, 2015 1:10 pm

jsherk wrote:Remember that in this case, the only witness is the other driver. So you do NOT have to answer ANY questions the police ask you, otherwise you will incriminate yourself.

The general rule is NEVER TALK TO POLICE, which would appear to apply in your situation.
http://www.ontariohighwaytrafficact.com/topic7032.html

I would NOT got to the police station and I would NOT even set up any kind of meeting with them. If they call say you have "no comment and do not want to answer any questions and have a nice day" and hang up. If they come to your house or office, say that "you have no comment and are not obligated to answer any of their questions and unless you are under arrested or being charged then you would like them to leave you alone".

Thanks for the reply OK I won't say a word but how long would I be waiting to find out if something will happen or not like is it a letter in the mail for summons or call or door visit. And we talking a couple days or weeks?


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by: bend on
Fri Jul 31, 2015 1:51 pm

2000bmwguy wrote:So do I need to worry about something happening or no? And let day he did call and report it would I even get a knock on the door or just a letter saying slow down like my friend did when somebody reported him speeding but caught his plate and called in..
The chances are nothing is going to happen. Sometimes, you (or whomever the plate is attached to) will receive a letter letting you know there was a complaint made. It will be more or less a warning letter. It will require no further action.


Nobis
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by: Nobis on
Fri Jul 31, 2015 5:40 pm

do not worry about it.
i remember years ago i was driving and my younger sister was in the car when a Lexus SUV suddenly turned into my lane from a golf park and my speed was fairly high around the 70km/h. non the less i slammed my breaks and was really worried about my younger sister. he on the other hand did not even acknowledge what had happened and at that time i was very younge and this really pissed me offf. and ofcourse i decided to tail him, high beam him, cut im off get close to him, slam on my breask (yes... dont judge.. i was 18) and he seemed to be a little worries. he picked up his phone and started making a phone call and started calling someone. i knew he was calling the police but at the time i did not care and continued persueing him to get an apolegie from him.

anyways my turn came and i had to leave, so i made a right off the main road and went on my way home.

later that month however i do remember getting a letter from the police stating that my car was seen driving recklessly on such and such date and there was a paragraph about how driving safely is for the benifit of the entire community etc etc.

anyways. unless u get 2 or 3 of these warning letters. u wont be getting in trouble my friend.

and as other said, if anyone calls u. just hang up on them. u dont even have to say a word.
whos to say someone who doesnt like u is filing a random complaint about u?
they cant do *EDIT*

good luck


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by: daggx on
Fri Jul 31, 2015 8:38 pm

Theoretically they have 6 months to file charges against you. However, as others have said, I think they probably won't. A busy police force like Hamilton won't usually waste time chasing down minor traffic matters. You might get a warning letter from the Road Watch program but that is probably about it.


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by: Radar Identified on
Fri Jul 31, 2015 11:47 pm

Unless the other motorist can identify the driver (you), the police cannot proceed with charges. That's why the Road Watch Letter is the most likely outcome, if anything.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


2000bmwguy
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by: 2000bmwguy on
Sat Aug 01, 2015 5:39 am

Radar Identified wrote:Unless the other motorist can identify the driver (you), the police cannot proceed with charges. That's why the Road Watch Letter is the most likely outcome, if anything.
But what would my response be if they come by my place or I get a call or whatever. Say nothing or be like I don't remember driving that day officer like what's the best response?? Thanks for your replys everybody I'm not as stressed anymore and there's no way they can see me my tint is really low so they couldn't :p


jsherk
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by: jsherk on
Sat Aug 01, 2015 9:06 am

First of all NEVER lie to the police, otherwise you can be charged with something like Public Mischief.

Your response should be "I have no comment, now please go away because I am under no legal obligation to answer any of your questions or to even talk to you."

Read the ALL the links at the topic I referenced above.

Most people do not understand their right to remain silent and they do not understand that you have no obligation to talk to police. The police will try to intimidate and bully you, but if you know your rights then you will understand that you do not have to talk to police on the phone, you do not have to go to the station to talk to them, you do not have to open the door for them when they come to your house (unless they have a search warrant), you do not have to answer any questions when they pull you over on the side of the road, and you do not have to answer any questions if they show up at your work.

The only exceptions are when you are COMPELLED by law/statute to give certain information (but a good lawyer knows this means you did not volunteer the information and therefore makes it inadmissible in court). For example you MUST identify yourself when you are either arrested or when you are doing something that requires a license (like driving). But other than giving your name/address/date of birth, you still have no requirement to answer any questions. So if you are a passenger in a car, you do not have to identify yourself police, unless they are writing you a ticket. If police show up are your door, you do not have to even identify yourself unless they say you are under arrest.

If police show up at your house or office asking questions about something, it is because they do not have enough evidence to charge you yet. They are trying to get you to give them the evidence they need to charge you.

Again, NEVER LIE to them, just say NO COMMENT, HAVE A NICE DAY.
+++ This is not legal advice, only my opinion +++


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