How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Freudman Your Own Question
Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1309
Experience:  Lawyer
70961067
Type Your Canada Law Question Here...
Daniel Freudman is online now
A new question is answered every 9 seconds

I got a violation ticket and a summons for fail to remain at

This answer was rated:

I got a violation ticket and a summons for fail to remain at scene 6911(a) court appearance date Feb 08th..
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: there were no damages to the vehicles...I may have very lightest of taps to vehicle while parking parallel Alberta .. Calgary Canada. where are you?
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: he made me fill out a Alberta collision report witness statement where is he located

What exactly is your question?

Customer: replied 4 months ago.
Question is I am in Calgary Alberta Canada and I spoke to passenger, went in the building I was parked in front of to see where the driver was and if my chid was done. I was returning to the scene when a cop confronted me...why didn't I give my info, etc I told him I din't think there were damages but I was going out to give info. Did I fail to remain at scene or return to it?..is this a bogus ticket..and if so can the officer be charged with anything? He made me fill out an accident report but there were no damages. What if I am found guilty..what can i get for penalty? Also I was give a ticket for insofar backing up...no damage was cause but I got close to car I was backing up..is this another bogus ticket? DO I need a lawyer?

If you were unaware of any accident and there was no damage caused to the vehicle, then you should be acquitted (i.e. found not guilty) of the offence following trial.

The officer would not be charged with anything, though if you feel strongly you could always sue him for malicious prosecution if you believe the charges were baseless and malicious and the matter is ultimately resolved in your favour (i.e. acquittal or charges dropped). However, this course of action would likely cost more time and money than it's worth, so unfortunately it's unlikely the officer would face any repercussions.

Even if you were found guilty, there may just be a fine of a few hundred dollars or so, perhaps a bit more. You would not get a criminal record since this is not a criminal offence. Any conviction would merely be a provincial offence conviction, and thus should not have any impact on your employment, ability to travel, etc.

As this is traffic court rather than criminal court, it isn't entirely necessary you have a lawyer, but if you wish for legal counsel to assist you through the process and have the funds to afford to retain a lawyer (or paralegal), then you are certainly entitled to do so and it may help your chances of success at trial.

Hopefully that answers all your questions.

Daniel Freudman and other Canada Law Specialists are ready to help you
Customer: replied 4 months ago.
This is from the highway safety act it says..I think its provincial. Are you a Canadian lawyer? Are you sure its only a few hindred dollars? When I look it up it talks about demerit and jail time, thousand of dollars in fines? Yes i do believe it is baseless and malicious...anything else a person could do beyond suing this guy, I am not sure even if making a complaint would be fruitful..its ridiculous a police officer could do this and get away with it.

Yes I am a Canadian lawyer. Beyond suing this person the most you could do really is file a complaint against him to his superior officer or other regulatory body and hope he is disciplined, though that wouldn't be likely to get you any compensation.

The penalty provision of the Alberta traffic act says "158(1) Except as otherwise provided in this Act, a person who is guilty of an offence under this Act for which a penalty is not otherwise provided is liable to a fine or other punishment as provided for under the Provincial Offences Procedure Act. "

I am not aware of any minimum penalty for this offence, and for your first offence fora traffic violation, even though there is technically a possibility of jail time, I'd say there is less than 5% chance you'd actually be facing jail time. Crown would probably just seek a fine, perhaps $1,000 give or take $500 depending on the specific nature of the allegations.

Hopefully that answers your question

Customer: replied 4 months ago.
should I be in court with lawyer?

It is not a requirement and likely not too necessary if you were planning on pleading guilty, but if you wanted to fight the charges then it would be advisable to retain competent legal counsel to assist you in doing so.

Related Canada Law Questions