Following Too Closely - Need To File Motion To Dismiss
I was charged with Following too closely, two weeks after an alleged collision.
The police was called at the scene, asked us if we exchanged information and then told us we were free to go. Two weeks later a summons was issued to me for following to closely. Apparently the police took statements from the people whose vehicle I allegedly hit. There is no damage at all, nothing supports a collision. There are many errors in the police report, accident report, etc. They got licence plates, addresses, insurance information completely wrong. Based on that I was advised to file a motion to dismiss.
My question is: WHEN and HOW can I request this motion to dismiss? Do I have to do it in court, in front of the judge, BEFORE a trial date is set? Or do I have to do it ON THE TRIAL DATE, just before a plea is made? Are there any forms to be filed?
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: Following Too Closely - Need To File Motion To Dismiss
You ought to plan what your grounds will be for the motion before hand. Errors on the collision report are not sufficient.
Re: Following Too Closely - Need To File Motion To Dismiss
The collision could not be proven. All they have is the statement of the other driver. Combined with a completely different plate for his vehicle. In other words, the charge of following too closely is based on a collision that cannot be proven, with a vehicle that was never there. I believe this makes no sense at all, so why am I being charged?
Another question is: do I simply tell the judge "I want to file a motion to dismiss"? Or is there a procedure? Does it have to be in writing, outlining the reasons why I want the charge dismissed? Is there a sample somewhere I could use for guidance?
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: Following Too Closely - Need To File Motion To Dismiss
If it is as you say and they can't prove the charge then I don't think they'll proceed with the trial. Why would the prosecutor do so if he has no evidence to call? What's he going to do when the trail starts? Most likely though, if they proceed to trial, the prosecutor will have what he feels is enough evidence. You can ask for a dismissal verbally at any time, but if you say it's because they can't prove it, the judge will likely say, "let's see" and allow the crown to present it's evidence.
So the best procedure would be to wait until the crown has tendered all its evidence and then, if you still feel they haven't proven the charge, bring a (verbal) motion for a directed verdict, sometimes called a motion for non-suit asking the judge to dismiss the charge for lack of evidence. If he agrees it's done, if not, you have the opportunity to introduce your own evidence.
-
- Newbie
- Posts: 18
- Joined: Mon Mar 22, 2010 11:53 pm
Re: Following Too Closely - Need To File Motion To Dismiss
I don't have the case law in front of me, but if you get a copy of the Annotated Ontario Highway Traffic Act, and look up the charge (Follow too Close), you will see several cases that talk about the case law relevant for this charge...but the bottom line is that a rear-end collision is not sufficient evidence to convict....if that's the only evidence...
As far as the motion to dismiss, well that would occur at trial, as far as I know....
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
Re: Following Too Closely - Need To File Motion To Dismiss
Correct, a motion to dismiss would occur at trial.
http://www.OntarioTicket.com OR http://www.OHTA.ca
-
- Similar Topics
-
-
New post Procedural Question - When (if?) motion to dismiss based on contradicting disclosures.
by CalgaryHelp in General TalkLast post by CalgaryHelp Fri Feb 22, 2019 6:39 pm
-
-
-
New post How do I file for a Motion for Dismissal?
by arzon in General TalkLast post by arzon Thu Aug 03, 2017 9:20 am
-
-
-
New post Disclosure requested 3x, want to file a motion
by zeeden in Courts and ProcedureLast post by zeeden Tue Dec 07, 2010 11:46 pm
-
-
-
New post Can I ask for case dismiss - Court date is given now for a early 2020 ticket
by saftyfirst in General TalkLast post by saftyfirst Thu Sep 08, 2022 2:17 pm
-
-
-
New post following too closely
by hawa in Following too closelyLast post by UnluckyDuck Thu Aug 04, 2016 9:23 am
-
-
-
New post following too closely?
by tom1331 in Following too closelyLast post by racer Mon Dec 08, 2008 12:15 pm
-
-
-
New post Following too closely
by RushFan in Following too closelyLast post by Reflections Thu Apr 02, 2009 9:39 am
-
-
-
New post Following Too Closely (2 in Cruiser)
Last post by Radar Identified Sun Dec 06, 2009 9:50 am
-
-
-
New post Following too closely charges
by maggie in Following too closelyLast post by paralegal2006 Wed Mar 12, 2008 1:30 pm
-
-
-
New post Following to Closely to a unmarked Cop Car
by rino in Following too closelyLast post by rino Wed Mar 12, 2014 9:23 am
-
Who is online
Users browsing this forum: No registered users and 3 guests