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So I assuming the accident report was given by the other person, claiming there was some kind of accident? Was there any proof of an accident (pics/video) other than this persons word?

What part of your vehicle supposedly hit the other vehicle?

Anyway I would definitely contact your insurance company right away and then ask them how to proceed ...

Insurance has different rules for determining who is at fault. So even if other driver is not charged, that driver can still be found to be 100% at fault by insurance.

From your explanation, there is no reason the officer would not charge the other driver.

However whether they are charged or not is really irrelevent to insurance. So you will want to get police reports and witness statements to insurance as soon as possible.

150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety AND, (a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;

Okay so section 150 allows only a MOTOR VEHICLE (not a bicycle) to pass on the right. Section 148 talks about VEHICLES (not motor vehicles) which means this INCLUDES a bicycle.

Now all my theory was based on the fact that there was NO bicycle lane.

If there WAS a bicycle lane, then none of the sections I mentioned matter, as I was looking at it ...

It is if there is only one lane and it can not be done safely...

Passing to right of vehicle
150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her ...

I would call them and ask if it is ready. Keep detailed log of date/time of all the requests you made and all the calls you make.

The courts have decided that the prosecutor has no obligation to tell you when it is ready and has no obligation to send it to you. The obligation is on you to check with them to see if it is ready, and all they have to ...

Nothing you can do but contact other insurance companies before yours is cancelled!

If we change bike to car, does that still apply?

If I am in the right turn lane closet to the curb, and another car comes up beside me from behind (between me and the curb) as I am turning, I would argue that my turn was in safety as I should not of had to check that location for another vehicle that was illegally there in the first place.

The radar instructor explained to me that this is because the radar uses Vehicle Interface protocol". He went on to say that VIP means the radar is tied to the cars ECM therefore it doesn't matter what the speedo says.

Wow, this is important... I had always assumed that the patrol speed displayed on the radar unit was calculated using the radar ...

Was there a seperate bike lane to your right? Was the bike in the same lane as you?

If in the same lane as you and no bike lane, I would argue that the bike is considered a vehicle and therefore should not have been in the same lane as you so therefore it is totally responsible.

You would have to pretty much prove the car behind you was basically tail gating you for this defense to work (like literally on your bumper almost AND that your life was in danger). This is probably next to impossible to do unless you had dashcam footage or a witness in your vehicle with you.

You would also have to be willing to testify under ...

I would just show up with your diagram and your girlfriend. The officers testimony is just about identification. He may give his opinion, but they need the other driver to testify.

If the other driver does not show up as a witness, then they will have to drop the charge and you win.

If the other driver does show up and testify, then you and your ...

Option 2 meeting prosecutor may work in your case, but if they do not offer you a deal you like, then you have to go back to trial on another day as well. Setting a trial date right away means one less possible visit and you will meet with prosecutor before hand anyways.

The prosecutor has no obligation to offer you any kind of deal or to drop any ...

I would recommend you plead not guilty to both and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (officers notes, copy of speed measuring device manual). Once you receive the officers notes, black out personal/officer info and scan and post here so we can give you more help.

18 over is ...

Yes. You can also ask to reschedule if they gave you disclosure, but it was within less than two weeks of the trial date as this does not give you enough time to prepare.

Pictures will be the key.

You need to print out three copies of each pic with date/time stamps on them, from some place like WalMart.

Did you take any pictures right after the incident? These will be the most powerful ones.

I would plead not guilty and request a trial and then once you get notice of trial, you can request disclosure (officers ...

1. If it is the first trial, then filling for a stay is a waste of time. They will simply reschedule a new trial date and tell prosecutor to get it to you before then.

2. You just need to make notes of date/time you called or emailed in to check if it was ready. They have no obligtion to tell you it is ready. It is up to you to keep checking.

3 ...

Always worth disputing every ticket in my opinion. Plead not guilty and request a trial. Once you get notice of trial, request copy of officer notes and a copy of all witness statements and any will-say statements.

The officer is not required to know how many demerits a charge carries... that is the MTO's job to decide that.

Not sure about the ...

I would send the diagram to your insurance company and ask them to reconsider. They may or they may not. But for trial, yes I think it is very helpful.

You do not need to tell them you are bringing your girlfriend as a witness unless they ask.

The other driver MUST be at the trial to testify against you since the officer did not see the accident ...

If the police did not witness the accident themselves , then in order to be convicted at trial for the charge the prosecutor will need (1) the police officer that charged you, AND (2) a witness that SAW what happened (usually the other driver). If the police officer shows up to trial but no witness, then they must drop the charge.

And given the ...

In my opinion a person sitting in the car is just as much as valid witness as somebody standing on the sidewalk.

Careless driving does include driving without due care and attention so a momentary lapse in attention causing a collision is careless driving

I disagree... a momentary lapse in attention is not necessarily careless:

R. v. Richards, 2009 ONCJ 651 it was stated that:

[16] In R. v. Beauchamp (1953), 16 C.R. 270, the Ontario Court of Appeal ...

Why would the officer say there was no witness when you say your girlfriend was in the car with you? I assume he did not talk to her then.

But anyways, yes your girlfriend can testify. But you only want her to testify if what she saw was that (1) you came to complete stop, and (2) you arrived at stop sign before other car, and (3) you proceeded as ...

Congratualtions on winning!

What the law says is that it is ASSUMED the posted speed limit sign is correct UNLESS you can prove otherwise.

So if there is NO by-law at all, then the speed of the road is assumed to be either 50 or 80, and a sign showing either 50 or 80 would be correct. A sign showing something other than 50 or 80 would be ...

50 or more over is a SERIOUS offence for insurance purposes (as it is racing/stunt driving).

Speeding at 49 over is only a MINOR offence for insurance purposes. I would do early resolution and ask prosecutor if they will drop to Speeding 49 over and then take that.

You can go get temporary permit I think from MTO.

Well if you really want the ticket, then go right ahead and tell them all about their mistakes.

If it was me, I would just keep it somewhere safe and if a conviction ever showed up on my record, then I can say that I never got a ticket and that I was only given a ticket for somebody else.

Well if EVERYTHING on it is wrong, including your name, then the ticket actually is not for you and you do not have to respond to it at all.

The prosecutor will have some idea of the what happened but may or may not have the full officers notes yet. You will not get disclosure before the early resolution meeting.

Each insurance company is different, so you have to ask about all that forgiveness stuff. You had an accident and a claim so that may be what is forgiven. The conviction on ...