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Ontario Highway Traffic Act

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Can she be re-fined?
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PostPosted: Sat Jan 09, 2016 9:19 pm 
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My daughter was turning left through an intersection that was heavily under construction and she ended up hitting a car that was speeding through. She was charged with improper left turn and we contested it. At the fist appointment yesterday they determined it was the wrong charge and withdrew the charge and sent us on our way. Now I'm wondering can they still come back and charge her with the correct charge which should have been something like failure to yield?


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Re: Can she be re-fined?
PostPosted: Sat Jan 09, 2016 9:35 pm 
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They can re lay a charge within 6 months from the origional offence date. So you may just be in a holding pattern until that date passes. Usually, however, they don't if it was not a very serious collision.


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Re: Can she be re-fined?
PostPosted: Sat Jan 09, 2016 11:04 pm 
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OK, thanks, I guess we'll keep our fingers crossed. I'm assuming that our insurance won't be affected since the charges were withdrawn?


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Re: Can she be re-fined?
PostPosted: Sat Jan 09, 2016 11:33 pm 
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The insurance industry uses their own fault determination rules.
Regardless of whether a charge is laid, fault is assigned to one or both parties depending on the circumstance. From the basic information that you have provided, it appears that your daughter would be found 100% at fault and insurance rates could go up.


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