Being charged by the police at the scene of a car accident in Ontario can be a daunting experience. However, it’s crucial to understand that being charged doesn’t automatically mean you’re guilty. You have rights and options available to you. This guide will walk you through the steps you can take if you find yourself facing charges after a car accident. Keep in mind that even if you’ve been charged, you may be entitled to various Accident Benefits from your own insurer if you’ve been injured. Contact a Personal Injury Lawyer right away, even if you’ve been charged.
Understanding the Charges:
The police can lay various charges at the scene of an accident, depending on the circumstances. Common charges include:
- Careless driving
- Dangerous driving
- Failing to remain at the scene of an accident
- Impaired driving (due to alcohol or drugs)
- Driving while under suspension
Your Rights:
Even if you’re charged at the scene, you have several important rights:
- Right to remain silent: You don’t have to answer any questions from the police beyond providing your identification and insurance information.
- Right to legal counsel: You have the right to speak to a lawyer before answering any questions or making any statements.
- Right to a fair trial: You have the right to be presumed innocent until proven guilty in a court of law.
What to Do After Being Charged:
- Gather information: Collect as much information as possible at the scene, including the officer’s name and badge number, witness contact information, and photos of the accident scene.
- Contact a lawyer: As soon as possible, consult with a lawyer specializing in traffic law. They can explain the charges against you, advise you on your options, and represent you in court.
- Review the evidence: Your lawyer will help you review the evidence against you, including the police report, witness statements, and any other relevant documentation.
- Build a defense: Based on the evidence, your lawyer will build a defense strategy. This may involve challenging the police officer’s observations, questioning witness credibility, or presenting expert testimony.
- Attend court: You will be required to attend court on the date specified in your summons. Your lawyer will represent you and present your defense.
Possible Outcomes:
The outcome of your case will depend on the specific charges, the evidence presented, and the judge’s decision. Possible outcomes include:
- Acquittal: If the court finds you not guilty, the charges will be dismissed.
- Conviction: If the court finds you guilty, you may face penalties such as fines, demerit points, license suspension, or even jail time, depending on the severity of the offense.
- Plea bargain: In some cases, your lawyer may be able to negotiate a plea bargain with the prosecutor, which could result in reduced charges or penalties.
Additional Tips:
- Be polite and cooperative with the police at the scene, but avoid making any statements that could incriminate you.
- Don’t admit guilt or apologize for the accident, as this could be used against you in court.
- Keep a copy of all relevant documents, such as the police report, your summons, and any correspondence with your lawyer.
Remember, being charged with a traffic offense is not the end of the road. With the help of a qualified lawyer, you can navigate the legal process and protect your rights.
