Is Incorrect Charge A Fatal Error?
Posted: Mon Jan 10, 2011 4:31 pm
A friend of mine was recently in an accident.
He was turning left at a stop sign. It was left or right, no road straight again. He was hit by a vehicle approaching from the left. He was charged under 141(5) - which, I believe, is incorrect as it described avoiding collision from a vehicle coming from an approaching vehicle (straight ahead). I think the right charge should have been turn not in safety - 142(1).
He is going to meet with the prosecutor. I realize this isn't a fatal error, but is a critical one. Are they likely to just amend the charge (same $, same demerit) or withdraw the ticket altogether?