OHTA.ca

Hi all,

This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down to make the left and I was just about to when I saw a police car behind me. The same instant that I saw him, he hit his siren. Slightly startled and panicked I thought he was pulling me over so I continued my turn to get off of the roadway. He pulled in beside me and was very angry. He never got out of his car but rolled down his window and I rolled down mine. He asked if I saw him and I answered yes but at the last second. It turns out that he was not pulling me over but looking to get past me. During our verbal exchange, I apologized repeatedly and tried to explain that I thought I was being pulled over but he was having none of it. Told me I would get a summons and took my license plate #, then sped off again. In hind sight, from his perspective, I turned left instead of pulling over to the right out of the way and stopping but he wouldn't listen to my perspective.

1) Assuming I do get a summons what will the charge be?

2) What will said charge carry for a penalty?

3) What will the court procedure be? (again assuming that a summons is a request to appear in court right?)

4) Should I get representation? Legal advice prior to appearance?

5) Should he have had his siren on the whole time instead of blasting it when he gets right on my rear?

Im feeling terrible that this happened but I thought that I was doing the right thing for the officers safety.

Can anybody help? Any info would be appreciated.

Thanks

Did he ask for or see your license. If not, how can he prove you were driving?

TheForce wrote:Did he ask for or see your license. If not, how can he prove you were driving?

He did not ask for or see my license does he need it? I saw him write my plate # down.

Wow, it sounds really fishy. However, there examples of owners being charged with failure to stop for school buses without actually being pulled over. Fine, but no points. Hopefully, some more knowledgable posters will chime in.

Wow, it sounds really fishy. However, there examples of owners being charged with failure to stop for school buses without actually being pulled over. Fine, but no points. Hopefully, some more knowledgable posters will chime in.

Technically the owner could be charged and convicted but they would have to prove that the owner was also the driver.

HTA

Approaching, following emergency vehicles

Stop on approach of vehicle with flashing lights or bell or siren sounding

159. (1) The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department vehicle or public utility emergency vehicle with its bell or siren sounding or its lamp producing intermittent flashes of red light, shall immediately bring such vehicle to a standstill,

(a) as near as is practicable to the right-hand curb or edge of the roadway and parallel therewith and clear of any intersection; or

(b) when on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection. 2009, c. 5, s. 49.

Vehicle owner may be convicted

207. (1) Subject to subsection (2), the owner of a vehicle may be charged with and convicted of an offence under this Act or the regulations or any municipal by-law regulating traffic for which the driver of the vehicle is subject to be charged unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owners consent and on conviction the owner is liable to the penalty prescribed for the offence. R.S.O. 1990, c. H.8, s. 207 (1).

When owner not liable

(2) The owner of a vehicle, except if the owner is also the driver, shall not be convicted for a contravention of,

(a) subsection 106 (2) or (4);

(b) sections 129 to 143, subsections 144 (1) to (17), subsections 144 (19) to (32), sections 145 to 168, section 172, subsections 175 (1) to (10), subsections 175 (13) to (18) or section 176, 182 or 199;

(c) a regulation or by-law made or passed under a section or subsection referred to in clause (a) or (b) or under section 106; or

(d) a by-law passed under any Act regulating or prohibiting turns on a highway. 1993, c. 31, s. 2 (10); 1998, c. 38, s. 5 (1); 2004, c. 22, s. 6 (1); 2006, c. 25, s. 3.

Does anybody know what the charge/penalty be? Just a fine? Points? both?

I believe if you are charged as the owner then it is only a fine and no entry on your driving record is made as they can't prove who was actually driving.

This is all hypothetical and I really would not sweat it right now because you don't know what the officers has in his mind to do. The way I read it is if you are charged under S.159 then s.207.2 states the owner (entity who the plates are registered to) cannot be convicted unless they were also the driver. So one of the things the prosecutor would have to prove beyond a reasonable doubt is the owner was driving the car. That being said that police officers have a lot of databases they can get the owners information from to process the charging paperwork but if that comes out at trial that may not fly with the JP even if he believed the officers testimony as to what happened effectively getting you off the hook.

I have not yet received a summons and it has been over 30 days. Does that mean that I won't be getting one? Don't they only have 30 days to serve me a summons?

Brian513 wrote:I have not yet received a summons and it has been over 30 days. Does that mean that I won't be getting one? Don't they only have 30 days to serve me a summons?

The officer has 6 months from the date of the offence. If you haven't received it by now though I wouldn't worry.