careless driving because pedestrian claims my car hit her

dude
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Re: careless driving because pedestrian claims my car hit he

Unread post by dude »

Will do!.

If anyone else on this thread has any input, I would like to hear it. Any help would be greatly appreciated.


dude
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Re: careless driving because pedestrian claims my car hit he

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So my court date is in a week next Friday and just wanted to ask if my trial goes south and I lose the case, would I be able to appeal the final decision made by the Justice of the peace? Because I am really determined to see this thing through and make sure that lady does not win this case. Money is not even the issue at this point, it's more a matter of principle. I don't want to see scum bags like her commit insurance fraud and win.


jsherk
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Re: careless driving because pedestrian claims my car hit he

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You can always appeal any trial decision.

But remember that an appeal is NOT a new trial. For an appeal to succeed you need to convince the Judge that the Justice of the Peace or the Prosecutor made some kind of mistake at the original trial, and you can NOT introduce new evidence. Basically you make your points and the Judge reviews the transcript and decides whether there really was a mistake made or not.
+++ This is not legal advice, only my opinion +++


dude
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Re: careless driving because pedestrian claims my car hit he

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jsherk wrote:You can always appeal any trial decision.

But remember that an appeal is NOT a new trial. For an appeal to succeed you need to convince the Judge that the Justice of the Peace or the Prosecutor made some kind of mistake at the original trial, and you can NOT introduce new evidence. Basically you make your points and the Judge reviews the transcript and decides whether there really was a mistake made or not.
How does one appeal a trial decision? what are the first steps? cause like this case to me looks like a he said she said case and if I get convicted just because some *EDIT* simply says "he hit me" I don't think that should be sufficient evidence to convict someone and ruin the persons life all because some scammer uttered a few words


jsherk
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Re: careless driving because pedestrian claims my car hit he

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When the trial is over you go to the provincial offences office and ask for the form to file an appeal. You will need to pay the fine in full though first (gets reimbursed if you win the appeal), and you will have to pay to get three certified copies of the transcript from the trial (one copy for prosecutiorn, one for judge and one for you).
+++ This is not legal advice, only my opinion +++


argyll
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Re: careless driving because pedestrian claims my car hit he

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But listen to jsherk - you will be wasting your time and money if you appeal just because you don't agree with the judge's decision. There has to be an error in law for an appeal to be successful.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Observer135
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Re: careless driving because pedestrian claims my car hit he

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Is there any medical evidence of her injuries?
She claims to be hit by you, was there any bruising? Any photos? Any medical report of her visiting ER?
Who was the doctor that examined her?
Which hospital did she go to? Who took her?
Did the officer do any investigation to confirm validity of her story? Or did he take her word at face value?
If it's your word against hers, I don't see how the JP can convict you without any shred of evidence, at the end of the day, the burden of proof still is on the prosecution and since the officer was not the witness it is much dicier than a regular traffic court when the officer is a sworn law enforcement agent.


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bobajob
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Re: careless driving because pedestrian claims my car hit he

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just playing devils advocate.

* She may not have bruising, but still could have soft tissue injury or internal, spinal, or skeletal issues
* They may not be obvious now, but could be an issue in the future,
* Yes she really should go to either an ER, or GP or other doc and get a report
* BUT if she was hit, regardless of apparent injury, she was hit.

Observer135 wrote:Is there any medical evidence of her injuries?
She claims to be hit by you, was there any bruising? Any photos? Any medical report of her visiting ER?
Who was the doctor that examined her?
Which hospital did she go to? Who took her?
Did the officer do any investigation to confirm validity of her story? Or did he take her word at face value?
If it's your word against hers, I don't see how the JP can convict you without any shred of evidence, at the end of the day, the burden of proof still is on the prosecution and since the officer was not the witness it is much dicier than a regular traffic court when the officer is a sworn law enforcement agent.
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


dude
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Re: careless driving because pedestrian claims my car hit he

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Observer135 wrote:Is there any medical evidence of her injuries?
She claims to be hit by you, was there any bruising? Any photos? Any medical report of her visiting ER?
Who was the doctor that examined her?
Which hospital did she go to? Who took her?
Did the officer do any investigation to confirm validity of her story? Or did he take her word at face value?
If it's your word against hers, I don't see how the JP can convict you without any shred of evidence, at the end of the day, the burden of proof still is on the prosecution and since the officer was not the witness it is much dicier than a regular traffic court when the officer is a sworn law enforcement agent.
In the police report it says that she stated, "she suffers from soft tissue injuries in her back, neck and hips". However it also states that "she was released from the hospital with no injuries". So far, I believe the detective just took her word at face value along with my statement which I mentioned that "as I was waiting for traffic to clear to safely make my right turn, there was a lady who was banging on my hood who seemed like she was frustrated from blocking her way from crossing". When the detective gave me the charges, I asked him, so you are giving me these charges based only on her word? he then replied "Yes that is correct" he did not even bother to check my vehicle to see if there was any damages on my car. That's why I want to know if I can appeal the Judges decision if I do get convicted. Because there really is not any evidence here. It's just her story she made to the police and my statement I made when I spoke with the detective. That is why I will do everything possible to make sure all charges get dropped, no Plea bargain. I absolutely will not plead guilty to anything I did not do. I say this because society always tends to favour the person who seems to be the victim and in a he said she said case, I feel like they will lean towards the alleged victims side


jsherk
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Re: careless driving because pedestrian claims my car hit he

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You need to make sure you understand CROSS-EXAMINATION ... do a google search and read some stuff on it.

You will need to cross examine both the officer and the victim. The points you bring up are good questions to ask "So officer, did you base the charges on her word only? Did you see any medical reports? Did you talk to doctors? Did you look for damage on my vehicle?"
+++ This is not legal advice, only my opinion +++


dude
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Re: careless driving because pedestrian claims my car hit he

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jsherk wrote:You need to make sure you understand CROSS-EXAMINATION ... do a google search and read some stuff on it.

You will need to cross examine both the officer and the victim. The points you bring up are good questions to ask "So officer, did you base the charges on her word only? Did you see any medical reports? Did you talk to doctors? Did you look for damage on my vehicle?"
Well my paralegal or someone my paralegal will send to represent me will be doing most of the talking. I will run by the points you mentioned here to him and hopefully he can work something out.


jsherk
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Re: careless driving because pedestrian claims my car hit he

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Make sure you instruct your paralegal that you will absolutely NOT take any kind of plea deal. Send it to them in writing, both by email and by regular mail.

Just my opinion, but I would suggest that in this case you DO need to go to court and testify your side of the story as well.
+++ This is not legal advice, only my opinion +++


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bobajob
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Re: careless driving because pedestrian claims my car hit he

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Dash Cam !!!!!!!!

reminder to self (must get one)
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


dude
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Re: careless driving because pedestrian claims my car hit he

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jsherk wrote:Make sure you instruct your paralegal that you will absolutely NOT take any kind of plea deal. Send it to them in writing, both by email and by regular mail.

Just my opinion, but I would suggest that in this case you DO need to go to court and testify your side of the story as well.
Sounds good. And yes I will have to go to court and testify anyways I don't really have a choice. if I don't go I will just get convicted automatically


dude
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Re: careless driving because pedestrian claims my car hit he

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Hi Guys,

So I had my court date last Friday, and the lady still never showed up. So the prosecutor withdrew the charges. I literally just went up said my name in front of the judge and then the prosecutor stated that, "We will not proceed with the trial on the account that the witness has not shown up. This is the second trial now the witness was not present even though the officer has contacted her to appear on both occasions." The judge then just looked at both of us momentarily and was like ok so withdrawn with a very gloomy tone lol.

Does this mean I can finally put this behind me ? and I will never have to worry about them reopening this case at a later date?


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