Rules For Reporting Alberta Accidents In The Traffic Safety Act
Section 69 of the Traffic Safety Act states the duty of drivers involved in a traffic accident in Alberta :
69 Where an accident in which a vehicle is involved occurs on a highway, the driver or other person in charge of any vehicle that was directly or indirectly involved in the accident shall :
remain at the scene of the accident or, if the person has left the scene of the accident, immediately return to the scene of the accident unless otherwise directed by a peace officer, render all reasonable assistance, and produce in writing to anyone sustaining loss or injury, to any peace officer and to any witness all or such of the following information as is requested :
that persons name and address the number of that persons operators licence the name and address of the registered owner of the vehicle the licence plate number of the vehicle a financial responsibility card issued in respect of that vehicle.
What Is The Difference Between Filing A Police Report And A Criminal Complaint Would The Police File A Report Anyway If They
- Posted on Nov 16, 2015
Anyone can file a police report if they believe a crime has occurred. A police report will either lead to an investigation, and possibly an arrest, or could lead to no action if there is not enough evidence, if the complainant doesn’t know the perpetrator, or if the police do not believe the reported conduct is sufficient to constitute a crime. A criminal complaint, on the other hand, is the actual charge that gets filed in court.As an example, I came home from a trip I found that someone had tried to break into my house – there was damage to a side door, but the deadbolt held. A few screens were sliced, and there were hand marks on the glass where the burglar tried to open windows, but the locks held. The police came and a report was filed, but I was told on the spot that nothing would come of it because the burglar didn’t get in. Had the police caught someone in the act, or found him later on and secured an admission, the police report would likely have been used to add a charge, or criminal complaint, against them. I hope this helps.
How Long Does It Take To Obtain A Police Report
It typically only takes a few days to a week to get a copy of a police report if you were directly involved in the case. However, if you were not directly involved, or if you are an insurance agent, it will take longer because you have to send in a request and have it processed. This process can take up to a month or longer.
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Check The Court Records
If the police decide not to arrest you but there’s evidence of a criminal offense, the district attorney’s office could file a complaint and serve notice for your appearance in court. You’ll learn about this when papers arrive in the mail notifying you of the court date. Since papers take a few days to arrive, you can call the clerk of your local criminal court and ask if any court dates, bench warrants or pending cases have been filed. You can often search for this information online. Type “court records ” and see if this returns any records.
When Does The Right Of Access Not Apply
Schedule 2, Part 2, Paragraph 14 of the Data Protection Act 2018 states that:
The listed GDPR provisions do not apply to personal data processed by an individual acting in a judicial capacity or a court or tribunal acting in its judicial capacity.
This means that, for example, a judge’s handwritten notes prepared for legal proceedings are exempt from disclosure under the right of access.
You cannot request personal data that forms part of a judicial decision or in documents relating to an investigation or proceedings which have been created by or on behalf of a court of other judicial authority. This is because there are other access routes through which you can obtain this information the Criminal Procedure Rules – which govern the disclosure of material for cases going through the court process.
The law also allows the police to withhold information in some circumstances. For instance, they can restrict your right to access if this is necessary for the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties.
In addition, the police may also have to edit the information they send you to remove information about other people.
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How To Report Falsehoods On Police Reports
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 15 references cited in this article, which can be found at the bottom of the page. This article has been viewed 26,767 times.
A person files a false police report when they knowingly make false statements to the police. In other words, they know the statements are false when they make them. It is not enough that they are simply wrong about the details.XResearch source If you suspect that a police report contains false information, then you should find evidence that shows the statements are false. Then you should bring this evidence to the attention of the police. If you were harmed by a false police report, then you can sue for money compensation.
Alberta Car Accident Stats
Alberta traffic collisions are common. There are about 385 collisions in the province each day. These are just the reported collisions. In 2015 alone, there were :
- 140,705 collisions
Where and how do car accidents in Alberta happen?
- 84.1% occur in urban areas 15.9% in rural areas
- 26.4% are intersection related
- 3.4% of accidents involve a driver who has been drinking 0.3% impaired by drugs
- 25.7% of drivers in fatal collisions were reported as travelling at an unsafe speed
- Saturday recorded the most fatal collisions at 53 and Friday recorded the most injury collisions at 2,288
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Common Crimes And Penalties In Texas
In Texas, the legislature has divided up criminal offenses based on the crime’s severity. Crimes that the legislature believes to be more serious have higher minimum punishments and/or maximum punishments. In most cases, probation is possible instead of incarceration, but that will depend on the very specific factors of any particular case. These rules are full of exceptions, and it is important to ask your lawyer how the particular facts of your case may affect your potential punishment. It is important that you know that information.
Texas classifies the least severe “crimes” as class “C” misdemeanors. They are punishable with no jail time and up to a $500 fine. The majority of traffic tickets fall into this category. Other examples include public intoxication, driving under the influence , and most thefts under $50.
Class “B” misdemeanors are punishable by up to a $2,000 fine and up to 6 months in jail. Driving while intoxicated , most thefts between $50 and $500, possession of , and driving while license invalid are in this punishment range.
Class “A” misdemeanors are punishable by up to a $4,000 fine and up to a year in jail. Crimes of this class include driving while intoxicated , most thefts between $500 and $1,500, possession of marijuana , and assault causing bodily injury.
How Do You Prove That The Police Report Was False
The prosecution will need to prove that the person who filed the false police report meets the specific elements of the crime of filing a false police report. These specific elements of the crime can vary from state to state and are subject to the laws of each jurisdiction.
In general, a person can assume that they will be convicted if the prosecution is successful in proving that they knowingly or deliberately made a false police report in response to a legitimate criminal inquiry. Additionally, the prosecution will seek to prove that in making a false police report, those actions deceived the police and/or hindered a criminal investigation.
It is important to note that the most important element of this crime is the intent when making the statement to the law enforcement officer. An example of this would be if the police respond to a call from a person claiming that their spouse hit them, when the spouse did not. The person who made the false claim may be charged with making a false report to the police, and could confirm their intent to lie to the police by filing a false report about the alleged abusive incident.
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What Happens If The Prosecutor Refuses To Press Charges
A prosecutor might review the case and decide not enough evidence exists to bring the case forward. Or the prosecutor’s supervisor could decide that the prosecution office, as a whole, will focus its resources on certain types of cases and not others . In either case, the decision of the prosecutor or prosecution’s office is usually final.
For the most part, the prosecutor cannot be forced to press charges. In some cases, political or public pressure might sway the prosecutor to file charges. A prosecutor who’s under pressure might bring the case to a grand jury to decide if charges are warranted. While the prosecutor’s decision can’t generally be overruled, so long as the statute of limitations hasn’t expired , the prosecutor can change his or her mind and file charges later.
Requesting A Police Report In Person
1. Gather the required materials.
Bring with you a form of identification like a drivers license or passport. If you are making the request on behalf of someone else, you will need to have a notarized letter with you. Most agencies require a small request fee. If you were directly involved in the incident whether as a victim, witness, or defendant you may receive a verification slip from the authorities to let you know that a police report has been filed. Bring this slip with you to exchange for the police report.
2. Visit the Records and Identification Division of the police department.
The Records and Identification Division may have exclusive hours throughout the day that are not your typical business hours, so be sure to verify online. They will ask you for your information, as well as basic information about the case. Then, they will take your payment to cover the request fee.
3. Retrieve the copy of your police report.
In some areas, you may have to pick up a copy of the police report in person, but some agencies may mail it directly to you. Either way, expect to pay a per-page fee for the copy of the report. Reports typically cost a total of $50 to $150.
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This Guide Is Only The Beginning
When I meet with a new client, I typically take a long time to answer their questions. Their lives are on the line and if I was in their position, I would have a million questions about what is going on. It is your lawyer’s job to make certain you understand exactly what is going on with your criminal case.
There is no way that this guide could have answered all of your questions. Hopefully, this guide has given you something to think about regarding your criminal case. Please feel free to use this guide as a beginning point to conversations with your lawyer.
Do not base any decision you make based solely on this guide. Use your attorney to understand exactly what is going on in your particular case. Your case is unique and you need to rely on your lawyer to help you decide what is right for you, in your own defense.
Is There Any Punishment For A Person Who Lodges A False Fir Against Someone
The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.
Where the person lodged a false FIR against an Individual, that individual may u/s 182 of IPC file a complaint with the police officer with whom such FIR has been lodged or to his Senior police officer, who is empowered file a case against such police officer who has lodged the FIR before the Magistrate court.
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What Happens If Someone Files A Police Report Against You
- on Dec 12, 2016
You can be charged with a crime of telephone or electronic harassment or similar.Do not post anything more about this and if you are charged DO NOT talk to the police and make sure you hire a lawyer immediately.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
When To File A Police Report
There are situations where you should file a police report. If anyone was injured or significant property damage occurred, you need to contact the police. They will speak to the people on the scene and any eyewitnesses to get the facts and try to piece together what happened. Their report will also help speed up the claims process.
If youre talking to the police, its important to only give them the facts. Filling in information or guessing on details can provide a false picture of what happened and be used against you to show that youre not a reliable witness to speak to. This could potentially hurt your compensation and result in you getting less than full compensation.
When youre injured in an accident, your injuries could possibly put you in the hospital and require surgeries, tests, and medication for your recovery. If youre missing work on top of this, youre probably concerned about your financial situation and what the future holds. With our help, we can possibly help you recover damages for medical expenses, lost wages, pain and suffering, and more. If you have any questions or want to get started on your case, contact us today for a free consultation. Were ready to give you the help you need.
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Guilty Not Guilty And Plea Bargains
At some point in a criminal case, the prosecutor will likely make an offer to settle the case. Typically this involves some sort of a plea deal, but there are a large number of possibilities. Your attorney should be able and willing to explain the pros and cons of any offer.
At some point, you will need to enter your plea. In the vast majority of cases, there are three options: guilty, not guilty, or nolo contendere .
Guilty is fairly obviousâwhen someone pleads guilty they are admitting that they did it. Typically, this is the result of some sort of a plea bargain.
Not guilty doesn’t mean that the defendant is innocent. It simply means that the defendant is going to make the state prove its case. A jury will decide whether the prosecutor has proven their case beyond a reasonable doubt.
Nolo contendere is something in between. You’re neither admitting nor contesting the chargesârather, you’re just saying you won’t fight the charges. If you plead nolo contendere, the judge will treat it the same as a guilty plea. But if you are later sued in a civil lawsuit for the consequences of your crime, the plaintiff will not be able to use your nolo contendere plea to prove that you did the deed, as could be done had you pled guilty or been found guilty by a jury or judge.
Whether A Police Officer Can Be Held Liable For Deliberately Or Negligently Lodging False Fir Against A Person
The Instances of harassment of a common man and usually the poor person by the police is not an uncommon or rare thing. There are various instances in news every day where the person being harassed and tortured by the police by deliberately or negligently lodging false FIR against the person. In such a case, the common man is put to great hardship.
In such a case, the Accused person can file application u/s 156 or a Complaint u/s 200 of Crpc against such police officer for deliberately or negligently lodging false FIR.
Under Sec 167, 218, 220 of IPC, the police officer can be held guilty of deliberately lodging a false FIR against a person with intent to cause injury to him.
Case Goes To The Prosecutor’s Desk
At this point, the police usually bring the evidence to the prosecutor, who will determine whether to press criminal charges against the suspect. Criminal charges are filed with the court in what’s called a complaint . The complaint identifies the suspect and specifies the crimes alleged to have been committed by the suspect.