Recently, a friend was charged with fail to yield entering a roundabout. The one charged had damage on the front driver corner, and the other vehicle in the rear passenger corner panel. The vehicle with rear damage wasn't able to drive due to tire damage. both vehicles limped off the roadway and parked off to the side until the responding police force was able to attend. The officer that arrived about 2.5 hours later never went out to the3 lane roundabout to see if there was any damage, vehicle parts or signs to corroborate one version of the story or the other. One vehicle, with rear damage, had 2 adults in it, both of whose wrote their statements while side by side in their secondary vehicle that arrived on scene, while the one driving the car with frontal damage wrote their statement in their car. 2 questions. Is there an obligation for statements to be written independently? Also, should the officer not have gone out to look at the scene. When he laid the charge of failing to yield, he said in his professional opinion it was the right charge for the circumstances followed by a statement that he's unsure how many demerit points, if any, the charge carries. I know it's 3, but in the professional opinion of the officer this wasn't known? Is it worth disputing the ticket.
Recently, a friend was charged with fail to yield entering a roundabout. The one charged had damage on the front driver corner, and the other vehicle in the rear passenger corner panel. The vehicle with rear damage wasn't able to drive due to tire damage. both vehicles limped off the roadway and parked off to the side until the responding police force was able to attend.
The officer that arrived about 2.5 hours later never went out to the3 lane roundabout to see if there was any damage, vehicle parts or signs to corroborate one version of the story or the other. One vehicle, with rear damage, had 2 adults in it, both of whose wrote their statements while side by side in their secondary vehicle that arrived on scene, while the one driving the car with frontal damage wrote their statement in their car.
2 questions. Is there an obligation for statements to be written independently? Also, should the officer not have gone out to look at the scene. When he laid the charge of failing to yield, he said in his professional opinion it was the right charge for the circumstances followed by a statement that he's unsure how many demerit points, if any, the charge carries. I know it's 3, but in the professional opinion of the officer this wasn't known?
Always worth disputing every ticket in my opinion. Plead not guilty and request a trial. Once you get notice of trial, request copy of officer notes and a copy of all witness statements and any will-say statements. The officer is not required to know how many demerits a charge carries... that is the MTO's job to decide that. Not sure about the statements. Although at trial you could question them both about making them the same.
Always worth disputing every ticket in my opinion. Plead not guilty and request a trial. Once you get notice of trial, request copy of officer notes and a copy of all witness statements and any will-say statements.
The officer is not required to know how many demerits a charge carries... that is the MTO's job to decide that.
Not sure about the statements. Although at trial you could question them both about making them the same.
To answer your first question, the obligation is on the witness not to lie while giving a statement. Could the officer have had separated them? I guess, but it's a fender bender where one driver had the right of way and the other didn't. It's not a crime scene investigation. As to the second question, it's a roundabout. I'd imagine whatever happened was pretty straight forward. One driver had the right of way and the other didn't. The driver entering the roundabout has a responsibility to do so safely. Based on the damage and statements, the officer came to a conclusion. Demerit points have nothing to do with the officer. They just lay the charge. Demerit points are given out by the MTO as a penalty system. It's irrelevant to the officer. They just lay the appropriate charge. Whatever happens after that is out of their hands. Whether or not you want to dispute the ticket is up to you. A conviction is a conviction whether there's demerit points or not. The MTO cares about your points, your insurance provider does not.
To answer your first question, the obligation is on the witness not to lie while giving a statement. Could the officer have had separated them? I guess, but it's a fender bender where one driver had the right of way and the other didn't. It's not a crime scene investigation.
As to the second question, it's a roundabout. I'd imagine whatever happened was pretty straight forward. One driver had the right of way and the other didn't. The driver entering the roundabout has a responsibility to do so safely. Based on the damage and statements, the officer came to a conclusion. Demerit points have nothing to do with the officer. They just lay the charge. Demerit points are given out by the MTO as a penalty system. It's irrelevant to the officer. They just lay the appropriate charge. Whatever happens after that is out of their hands.
Whether or not you want to dispute the ticket is up to you. A conviction is a conviction whether there's demerit points or not. The MTO cares about your points, your insurance provider does not.
Ok, so today i was driving down steeles ave and i got pulled over, the officer approached me and got my license and pulled it up.
he came back and said my license is suspended :O i had no idea or else i wouldnt be driving at all.....the reason for the license suspension was unpaid fines....
Hi everyone, after 12 years of clean driving, I got my first ticket. I had stepped out to grab a bite and left my valid licence in my other pocket. I had an expired "valid photo ID" licence in my vehicle that I keep just in case I need photo ID. I gave the officer that one and I told him my valid…
My teenager was in an accident last Sept where another car was rear-ended.
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and…
this is ALL I got in terms of notes. No record of calibration before or after.
my question is, should I send a second request for the officer's notes from the day? or can I run with this and press the point that he didn't test the unit before or after?
Friend of mine was stopped and asked to blow into alcohol test meter just because he said he had 2 drinks earlier in the night (like 4,5 hours before being stopped). He wasn't behaving erratic or driving out of line. The officer said he noted him to pull behind few parked cars and then…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong…