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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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I made a right turn at a traffic light after checking. I

Customer Question

I made a right turn at a traffic light after checking for traffic. I then signalled and moved into the left lane when a van drove right by me in that lane. I had not seen him and I have no idea where he came from. I did not believe I had touched his car with mine. He stopped in front of me, looked very briefly at his bumper and came towards me, with his hands in the air, yelling something. He moved toward the passenger window, and yelled “Open your window.” I was unnerved by this, and fumbled for the window knob. In the meantime he came over to the driver's side, yelled “Open your window” and pounded on my window pane. I decided not to open my window and drove off instead. Two hours later, the police came to my house, looked at my car and said, “yes, here it is.” It is a very light scrape that is actually hard to detect. Their words to me when they first arrived were “so you had a fender bender.” When I asked them, they said, that no it wasn't a fender bender, but rather a paint scrape. I told them I was afraid to open my window, because I didn't want to get plowed in the face. They said I should have driven down a side street, called the police and then returned to the scene. I honestly a) believed I hadn't touched him, and b) didn't think this was worth calling the police for. Given that I hadn't actually felt contact with the guy's car, I didn't believe I was leaving the scene of an accident.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Then you should plead not guilty and explain exactly what happened the way you did in the post.

The police have to prove that you left the scene of an accident and that you knew there was an accident and they have to prove this beyond a reasonable doubt.

You can make it clear that you left out of fear but also didn't think you had to call them because you didn't not believe you touched the car at all.

Customer: replied 1 year ago.
Thank you. I will take your advice and plead not guilty. My court date is Dec. 2. I will let you know how it turns out.I drove back to the scene of the incident. There is a turn lane that merges with the driving lane. That is where I went and then drove immediately into the driving lane. The police officer said the driver had said I had swerved into him. I did not do that. The only thing I can think of is that he was behind me and turned right into the driving lane. I just can't say for sure because he appeared to materialize out of nowhere.
Expert:  Debra replied 1 year ago.

It sounds like he cut you off and then blamed you.

He also seemed overly angry for nothing which leads me to think that he's trying to blame you and it was his fault. It's just my hunch though.

Do let me know how it works out.

The best of luck!

Customer: replied 1 year ago.
Thank you. I am trying to be as honest and fair about this as I can, including seeing it from his point of view. I just don't want to be charged with hit and run which this wasn't.
Expert:  Debra replied 1 year ago.

I understand. And this is exactly what you tell the court.