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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3301
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My wife was summoned to provincial court of having a ticket

Customer Question

My wife was summoned to provincial court of having a ticket of fail to remain accident about a month ago when she was about to parked and slightly hit a truck that was on park, being new to Canada and new driver she was so scared so she drove back home and told me of incident she involved and we decided right away to go back to the place unfortunately the truck was gone so we need advice of what to do..
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Alberta
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: There's no physical injury involved
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 4 months ago.

Hello, thank you for the question.

She needs to attend on her court date, get her "disclosure" which is a copy of the evidence against her (statement of the vehicle owner that was hit, and the officer who processed he complaint), and get an adjournment. Then look at what penalty the crown is seeking upon conviction, and on what charge specifically. That will be made clear on the court date. It can be hard to get the disclosure prior to the first court date in provincial court matters.

Then you have to read the disclosure over carefully. I know that you said she hit the vehicle "slightly". I know she's your wife and you want to believe her, but it's possible that she'd downplaying the incident. You need to see what the damage to the other vehicle resulted, and how they identified her as the driver.

If there's very little or no damage then I don't know why the police would have been involved in the first place. So I assume that there was some damage, which will make it hard to claim that she didn't know that she hit the vehicle. She could still claim that, but it won't go far if there's damage.

Don't plead guilty on the first court date, or say "I didn't mean to!" because that's admitting guilt. Just get the paperwork and an adjournment to another date.

Then, you'll have to decide whether it's worth hiring someone to defend this for you.

In provincial court there's little to be gained by saying that the accused didn't know what the law is, or that the accused panicked and fled the scene. By merit of having a license one is deemed to know the rules, and fleeing the scene is the substance of the charge so that's no defense.

I know that it's not what you wanted to hear, but I'm not helping you if I say "she'll be fine, don't worry about it". She's certainly not looking at any jail time, it's a question of some demerit points and a fine. I can't tell you how much, that'll depend on exactly what she's charged with, which you'll confirm on your first court date.

Does that answer you? If so, may I have a positive service rating please?

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