Automotive

Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.)

Deal Addict
Oct 18, 2007
2707 posts
463 upvotes
Hi,

Need a bit of advise here. I received an OPP report and found the "investigation" is completely inaccurate. The police report says I made the lane change but in fact, it is the transport truck that made the unsafe lane change.

What should be the next step?
Deal Addict
User avatar
Mar 23, 2008
3082 posts
1103 upvotes
Edmonton
CrazyJo82 wrote:
May 8th, 2017 3:50 pm
Hi,

Need a bit of advise here. I received an OPP report and found the "investigation" is completely inaccurate. The police report says I made the lane change but in fact, it is the transport truck that made the unsafe lane change.

What should be the next step?
Did you have any witnesses? Any way to prove it was them rather than you? Did the police officer see the accident?

C
Newbie
Apr 11, 2017
7 posts
Guess what guys?! Today went to deliver in person a second Request for disclosure and also a Waiver request to expedite my trial and blah blah, which is supposed to help me to make the argument for 11(b) even stronger. BUT! They refused to take this and stamp, just said "we don't know what it is and we will not accept this". What should I do? They don't even have a FAX (at least they don't publish it) so I can't fax it to them to prove I've requested to expedite my trial :-(
As for the disclosure they were insisting to use their own form but I've refused.
Newbie
Jan 31, 2008
58 posts
7 upvotes
Mississauga
directo wrote:
May 8th, 2017 6:39 pm
Guess what guys?! Today went to deliver in person a second Request for disclosure and also a Waiver request to expedite my trial and blah blah, which is supposed to help me to make the argument for 11(b) even stronger. BUT! They refused to take this and stamp, just said "we don't know what it is and we will not accept this". What should I do? They don't even have a FAX (at least they don't publish it) so I can't fax it to them to prove I've requested to expedite my trial :-(
As for the disclosure they were insisting to use their own form but I've refused.
Which municipality is the court in? It should be possible to find the address, then send the forms in with priority mail.
Patrick
Deal Addict
Oct 18, 2007
2707 posts
463 upvotes
CNeufeld wrote:
May 8th, 2017 3:58 pm
Did you have any witnesses? Any way to prove it was them rather than you? Did the police officer see the accident?

C
The officer himself did NOT see the accident.

So, here's a bit more detail...

There was another accident in the express lane. I have the aftermath of the picture where we're ON the shoulder lane.

The officer claims that we were in the collector and I was making the left lane change. We were not. In fact, this happened in the transfer lanes between the express and collector. I was already on the right transfer lane with the right of way to drive straight. The transport truck was on the left transfer lane ending trying to make a right lane change and clipped my rear driver side. When he clipped me and spun me 90º, we ended up in the shoulder lane in the collector 1km WEST of Leslie. His only correct part is "Leslie off E" if the 'E' stands for express.
Newbie
Apr 11, 2017
7 posts
pmdenterprises wrote:
May 8th, 2017 8:02 pm
Which municipality is the court in? It should be possible to find the address, then send the forms in with priority mail.
It is in Newmarket. So, should I send it to the court's address and make sure to screenshot the Canada Post receipt?
Thank you in advance!
Member
Nov 21, 2008
418 posts
101 upvotes
Ontario, Canada
CrazyJo82 wrote:
May 8th, 2017 9:32 pm
The officer himself did NOT see the accident.

So, here's a bit more detail...

There was another accident in the express lane. I have the aftermath of the picture where we're ON the shoulder lane.

The officer claims that we were in the collector and I was making the left lane change. We were not. In fact, this happened in the transfer lanes between the express and collector. I was already on the right transfer lane with the right of way to drive straight. The transport truck was on the left transfer lane ending trying to make a right lane change and clipped my rear driver side. When he clipped me and spun me 90º, we ended up in the shoulder lane in the collector 1km WEST of Leslie. His only correct part is "Leslie off E" if the 'E' stands for express.
Have you been charged with something? You said you got "report" ... is this the accident report you are talking about, or did you request DISCLOSURE for your trial and this is the officers notes you are talking about?
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Deal Addict
Oct 18, 2007
2707 posts
463 upvotes
jsherk wrote:
May 9th, 2017 9:50 am
Have you been charged with something? You said you got "report" ... is this the accident report you are talking about, or did you request DISCLOSURE for your trial and this is the officers notes you are talking about?
the insurance forwarded the accident report. i am not aware of any charges.
Deal Addict
User avatar
Mar 23, 2008
3082 posts
1103 upvotes
Edmonton
CrazyJo82 wrote:
May 9th, 2017 9:54 am
the insurance forwarded the accident report. i am not aware of any charges.
If the police aren't charging you with anything, then see if it makes any difference to the insurance company with regards to claim status (at fault, etc). You can give them your version as well. But there's not really anything else you can do, since there won't be a court showdown or anything. Unless your insurance company gets into a match with the trucker's insurance company.

C
Newbie
Jan 31, 2008
58 posts
7 upvotes
Mississauga
directo wrote:
May 9th, 2017 8:07 am
It is in Newmarket. So, should I send it to the court's address and make sure to screenshot the Canada Post receipt?
Thank you in advance!
Yep, screenshot the clerk's signature.

The Regional Municipality of York
Prosecution Office
465 Davis Drive Suite 226
Newmarket ON L3Y 7T9
Patrick
Newbie
Apr 11, 2017
7 posts
pmdenterprises wrote:
May 9th, 2017 2:48 pm
Yep, screenshot the clerk's signature.

The Regional Municipality of York
Prosecution Office
465 Davis Drive Suite 226
Newmarket ON L3Y 7T9
Thank you Patrick!
Newbie
Apr 9, 2017
6 posts
AB
Hi. Someone I know was issued a parking "ticket" (its a literal envelope) a couple months ago. Under the usual fill-in-the-blank sections, it said something to effect of "Pay within specified time period or face prosecution.". Given that its a basic parking ticket, I told them to ignore their go-fund-me campaign at the moment. Months later, they finally followed up on it and sent in a document explaining what you're options are (plea of guilt or non-guilt). The discrepancy comes from the fact that the donation went up slightly. What's with the price hitch? They punishing people for exercising their rights, or merely "rewarding" them by offering people a lesser fine if paid up quick?

What kind of disclosure should I ask for? Anything besides the full ticket and notes?

Thank you for your time and all your guys' help!
Deal Addict
User avatar
Mar 23, 2008
3082 posts
1103 upvotes
Edmonton
Who issued the ticket?

And it's not uncommon for parking tickets to offer one price if paid soon, and have it go up if you leave it.

C
Newbie
Apr 9, 2017
6 posts
AB
It was either a cop or a peace officer. I'd wager on the latter. (There's no signature box, so I don't have much to go on.) Apparently he was in the process of writing it up when the driver came onto the scene and then he asked for the legal documents. Really? Wouldn't that have to be disclosed in-advance? The only thing it states if you hold out on them is that you'll face the wrath of the prosecution.
Deal Addict
Oct 18, 2007
2707 posts
463 upvotes
CNeufeld wrote:
May 9th, 2017 10:56 am
If the police aren't charging you with anything, then see if it makes any difference to the insurance company with regards to claim status (at fault, etc). You can give them your version as well. But there's not really anything else you can do, since there won't be a court showdown or anything. Unless your insurance company gets into a match with the trucker's insurance company.

C
the insurance had waived the deductible.

but the report is wrong and that's what very unsettling about this... essentially, he gave the trucker a free pass for making unsafe lane change.
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