I got a failure to report sec 199 (1) ticket
I hit a pole while backing up. It was a rental car and i didnt know exactly what todo
so i went home and called TD rental car insurance. they said to call the rental company also. so i did that. rental company said to call police
so i did that and police asked me to back to crime scene. so i did that and met officer at the parking lot where i hit the pole and he gives me a ticket.
i am going to court and so i got the legal disclosure and police ticket and police officer notes say accident hapenned at 2pm and i reported it at 9pm. This is not true at all. I hit at 7 pm and reported at 9pm. so bascically police officer is lying in his report.
any help would be gratefull. also how can i prove that i hit at 7 pm ? there were really no witnesses. can my wife be a witness ?
Do you have any witnesses that saw you between 2 and 7 with an undamaged car or that you were elsewhere at 2 pm ?
After cross examination, you will get on the witness stand to give your side of the story and will just tell it like it is.
When you are done on the witness stand, then the JP will ask for your closing comments. Prosecutor goes first, then you will have to point out how you did report it to police as soon as you realized you should, and also note that it occured at 7pm not 2pm and that the officer (for whatever reason they said when you questioned them) was misinformed about the time of the occurence.
so the officer wrote in report that I TOLD HIM i had the accident at 2pm. this is also not true i did not say that. i think i said the accident was done 2 hours ago and he misunderstood it as 2pm rather than 2 hours ago.
also when i called police to report the accident, i told them the accident took place at 7pm. but ofcourse i dont have record of that either.
only witness is my wife that saw me during 2pm and 7pm. can i ask my wife to be a witness ? other than that, no real witness.
my main proof is that i came back at home around 7.09 pm and called the insurance and rent companies. if my accident was at 2pm, i would not take that long to call them.
i wont say he is lying. i will say he made a big mistake in that he wrote and thought the accident took place at 2pm when it was actually at 7pm
so the officer wrote in report that I TOLD HIM i had the accident at 2pm ( and that is how he determined the accident took place at 2pm) .
but this is also not true i did not say that. i think i said the accident was done 2 hours ago and he misunderstood it as 2pm rather than 2 hours ago.
also when i called police to report the accident, i told them the accident took place at 7pm. but ofcourse i dont have record of that phone conversation either.
the only witness who saw me with undamaged car is my wife. can i call her as witness ? and if yes, what do i have to do ? (just take her along with me to court ?)
The other thing I would do is find out if your call to the police was recorded and try to get a copy of the recording if available.
Your wife could be a witness. Was your wife with you at the accident? Or what is the last time she saw you and the car with no damage?
Also did you call her around when it happened as she could testify that you called her around X o'clock and told her you just hit a pole.
If you hit the pole at 7:00pm and made your calls at 7:09pm why are you saying you reported it at 9:00pm in your original post. Can you clarify please.
There is no definition of forthwith in the Act but there is this definition:
Ã¢Â€ÂœForthwithÃ¢Â€Â means Ã¢Â€ÂœimmediatelyÃ¢Â€Â or Ã¢Â€Âœwithout delayÃ¢Â€Â: Canadian Oxford Dictionary (2nd ed. 2004), at p. 585
So strictly speaking you did not report it forthwith and your lack of knowledge that you had to is, of course, no defence. Having said that at least you ended up calling the police as opposed to them having to find you and the time delay of two hours (if you can establish that) excludes the likelihood that you were hammered and drove away to sober up. A prosecutor on a good day might accept all of that. They will be interested in the time delay between the first call to TD and the last call to police....were you on the phone on hold for those 2 hours or were you not being as diligent as you might have been.
This is a significant charge as insurance companies tend to view it that there was a reason you failed to report, ie impaired.