Police motor vehicle accident investigators define the word ‘accident’ as “a caused occurrence”. What this means to any driver is that the accident investigator will apportion responsibility for the collision depending on the evidence that s/he sees or hears at the scene.
The average driver who suddenly becomes involved in a collision is usually in a state of shock and may even be injured. They look at the damage to their car which moments before was in one piece, they think about their insurance, what the family will say, how they will get to work or who will pick the kids up from school and all manner of other things.
They then find themselves being questioned by a uniformed police officer and they are asked for an explanation of what happened.
Given all the circumstances at the scene and the driver’s mental distraction, it is unlikely that the explanation will be full or complete or even accurate but whatever is said will be a major factor in the officer's decision as to who is responsible and whether or not an offence has been committed.
Similarly, the evidence of any witnesses, particularly independent witnesses, plays a major role in the investigation. Physical evidence such as the resting position of the vehicles, debris field, weather conditions, traffic volume and functionality and visibility of any traffic controls are also important factors in the investigator's decision.
When all of these things are collected, analyzed, and considered and you are the driver who is charged, it is so very important that, if you intend to challenge the charge in court, you have the best available information and assistance.
POINTTS agents know that any one of the items considered by the investigating officer may hold the key to a successful defence and the charge being dismissed.
This may sound simple enough; however, Traffic Court is unlike any other court in that it has to establish a balance between, high volume, limited time, the need to adhere to a strict set of procedural rules, and the paramount objective, which is the fair and impartial administration of justice.
What this means to the Defendant (accused) is that the evidence flows rapidly in the prescribed manner and any defect in the evidence or procedure has to be identified and argued by the defence as soon as it becomes apparent.
The skills required to do this are possessed by each POINTTS agent and have been acquired over many years in that high-pressure arena.
This offence is similar to “Failing to remain” under the Criminal Code of Canada which carries a presumption in law that where a person does leave the scene, they did so with the intention of avoiding civil or criminal liability. The difference here is that under the Highway Traffic Act there is no presumption but neither does an intention to leave need be proved.
This conviction carries the most demerit points of any offence under the HTA. That is, as long as there is no suspension imposed by the court of up to two years. If the court does impose a period of licence suspension then no demerit points are assigned. Fines can range between $400 and $2,000 together with imprisonment of up to six months.
Why fight the charge?
A conviction for failing to remain at the scene of an accident will most certainly result in a massive increase in insurance, if not outright cancellation of the policy. Protect your licence and your insurance premiums. Speak to a licensed paralegal at POINTTS before deciding on a course of action you may regret later.
Why POINTTS?
POINTTS’ team of Licensed Paralegals comprised of former police officers and college graduates have been trained to the highest standards and continue to have their skills and knowledge upgraded by their in-house trainer who’s responsible for ensuring all POINTTS paralegals comply with the Law Society of Upper Canada’s continuing professional development requirement.
Why a Licensed Paralegal?
Every charge must be proven beyond a reasonable doubt by the prosecution. POINTTS Licensed Paralegals have the knowledge, skill and experience to know if that burden has been met. A person trying to represent themselves is not likely to know what has to be proven, let alone whether proven beyond a reasonable doubt. We will look at the disclosure, research the relevant case law to be used in your favor and be able to recognize technicalities that would be fatal to the prosecution’s case against you. POINTTS paralegals know how to cross-examine witnesses. When questioning police officers, we know what the answers to technical questions should be so we know if the answer given is the right one, whereas most self-represented defendants would not.