OHTA.ca

I was travelling home from school in Hamilton to my family home in Orangeville this past January. It was snowing and road conditions weren't great. I saw a police cruiser pulled off to the side of the road with his lights on so I started to slow down and tried to leave a bit of room (as much as possible on a two lane road with opposing traffic). I hit ice or slush or something on the road and began to slide. I could not stop the car and slid into the back of the cruiser. Damage to the cruiser was extremely minimal, my car had some damage to the bumper and the drivers side headlight. I originally told the sergent who came to take the accident report I believed I was going about 40km/h when I hit the cruiser but I had not seen the damage to my car yet and when I did see it, it was clear I was likely going much slower than that, maybe between 20 and 25km/h. The sergent said he "had to charge me with something" and gave me a ticket for failing to slow down and leave room for an emergency vehicle, a $485 fine and 3 points. I went to court and when I explained to the prosecuter that I felt I did everything in my power to try to obey that very law and everything I could to avoid the accident I was told none of that mattered because "you still hit the cruiser" and that both the officer and the sergent were present and if I tried to fight it in court based on that argument I "would be very sorry."

He offered me a lesser charge of leaving roadway not in saftey which is a $130 fine and 2 points (the points are what worries me). My question is do I have a chance of fighting the original charge in court based on the road conditions and showing due caution or do I not have much choice but to take the lesser charge.

It would be helpful if you posted the section number under which you were charged.

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CatherineS wrote:The sergent said he "had to charge me with something" and gave me a ticket for failing to slow down and leave room for an emergency vehicle.

Simon Borys wrote:It would be helpful if you posted the section number under which you were charged.

Probably is s. 159 (2), formerly 159.1 (1)

HTA s. 159(2) wrote:Slow down on approaching stopped emergency vehicle

159. (2) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on and the conditions of the highway and the weather, to ensure that the driver does not collide with the emergency vehicle or endanger any person outside of the emergency vehicle. 2009, c. 5, s. 49.

It's hard, but not impossible to defend.

CatherineS wrote:I went to court and when I explained to the prosecuter that I felt I did everything in my power to try to obey that very law and everything I could to avoid the accident I was told none of that mattered because "you still hit the cruiser" and that both the officer and the sergent were present and if I tried to fight it in court based on that argument I "would be very sorry."

Certainly, not the right comment from a prosecutor. He would have to prove the offence beyond a reasonable doubt.

CatherineS wrote:

He offered me a lesser charge of leaving roadway not in saftey which is a $130 fine and 2 points (the points are what worries me). My question is do I have a chance of fighting the original charge in court based on the road conditions and showing due caution or do I not have much choice but to take the lesser charge.

Have you seen disclosure? If not, ask for it and review it. That may help with you decision.

Cheers.

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