In the end, a bunch of cops came over. The speeding charge was not mentioned and dropped. However I was given a ticket based on section 142(2) as per described in the title. I looked at the section and I find it interesting. It was safe for me to moved when I made that decision to move. Instead, why was I given 142(2) when in fact the cop changed lanes and hit my car? the cop should have been found at fault and be given a charge for unsafe lane change based one 153(1)
How can the cop claim that 142(2) bears more weight than 153(1)? If I was making a left, or right, and did not signal, subsequently hit somebody, I can see how this would apply to me. However, changing from parked position to D means that if any car hit me while I release my brake seems ridiculously silly. It is under my impression that unsafe lane change bears more weight since you are going into a lane that others have a higher "right of way".
Please advice on this situation and what sort of defenses could I use at the court. thanks
The investigator had a trainee with him. My charges is me vs them, I don't think the victim would should up.
Regardless, I filed for a disclosure today. I faxed them my disclosure request then went to the court and dropped off a hard copy. I was then asked to fill in "their" form. She was insistent so I said I'd take a copy and fax it over when I get back to my office. I asked her to keep my second copy and acknowledge that they received it regardless. She did that, stamped it, and she then noted on the disclosure request saying that I would be faxing them their form. I had no choice since I'd be questioned why didn't I fax it over should this be brought to the JP. So I faxed the form over, along with the photocopy of the disclosure that she gave me back.
Following is what I requested:
Initially I wanted to file for a motion of change at the same time because they are very unlikely to be able to get the disclosure to me on time. I spoke to a clerk before that and she told me that I don't actually have to file it now because I can just request for an adjournment on the trial basing on the ground that I did not receive disclosure on time and that this is my first trial, this would put me at an unfair position. I'd request for adjournment on the trial date.Aug 14, 2009
Provincial ProsecutorÃ¢Â€Â™s Office
York Civic Centre
2700 Eglinton Ave. West
Toronto, ON M6M 1V1
REQUEST FOR DISCLOSURE
I am schedule to appear in Court # W2 on the 28th day of August, 2009 at 10:30 am to answer the charges of UNSAFE START Ã¢Â€ÂœHTA 142(2)Ã¢Â€Â and FAIL TO NOTIFY CHANGE OF ADDRESS Ã¢Â€ÂœHTR 34033(1)Ã¢Â€Â.
Please provide full disclosure of the case against me, with the following items typewritten where applicable:
1. Both sides of the officer's copy of the ticket;
2. Any statements the defendant had made to the police;
3. Any witnesses' statements;
4. Any document the Crown may rely on at trial;
5. Education and training record of the officer;
6. Procedures in accident reconstruction;
7. OfficerÃ¢Â€Â™s success/failure record in reconstructing accident scene and the determination of fault;
8. OfficerÃ¢Â€Â™s contact history/relationship with the 3rd part officer (victim);
9. Any repair history of the vehicle assigned to the 3rd party officer (victim)
a. PC Shaw #1247, Fleet #3381, license plate AVSA 807
Thank you for your assistance, and please send me all the information, type written, to the above address. Your promptness and timely disclosure is highly appreciated as the information is required for me to provide answer and defense to the charges.
If the JP denies of my request, what should I do at that point?
2) Driving no faster than the speeding SUV next to you still means you were speeding.
So three cars were in the right-hand lane, with you in front. Cruiser was in the lane one over to the left (next to either of the cars behind you?). If so, I'm guessing that he was motioning for one or both of the cars behind you that he intended to pull them over as well, and was about to pull up in front of all three cars at the same time that you rolled forward. The cars behind you not signalling to the right is no indication that they were not pulling over. You claim to have moved three feet at most, but that certainly would make the difference, given that it was a light scrape starting at his rear passenger door. You failed to indicate left before moving from a parked position, and that's covered under 142(2).
You seem sure that the officer did not believe you were trying to run and did not pull up to box you in, so I won't go there.