speedball0622
Dec 3, 2013, 09:33 AM
My question is about being charged with Mischief under $5000.00 in Ontario, Canada
I was driving on the 401on a raining day with my daughter and girlfriend. I was passing a transport in the far left lane (passing lane) driving approx 120. A VW approached me from being at a high rate of speed and was tailgating so close I couldn't see her headlights. I disengaged my Cruise and slowed down so I could get back in behind the transport. At this time the car pulled into the far right lane and passed the transport. I then continued on my way and also passed the transport in the far left lane as before.
Once in front of the transport I was passed by a different car, a Mazda. Once passed the Mazda pulled in fron of me and slammed on his brakes. I slammed on my brakes luckily not hitting him and even more luckily the transport was able to swerve into the fast lane and didn't hit me or anyonelse.
I will admit that at this time I was furious with this Mazda and deiced to follow him until I could get his plate and report it. He exited within the next 30 secs as did I. In the off ramp he once again began to slam on his brakes (4 different times) As I was still in the off ramp I continued on to the stop sign.
At this time I was very angry and exited my car and went to the drivers side door and banged on his side window. We exchanged a variety of adjectives and opinions. He then got out of his car and we continued to "converse". At no time did the conversation get physical. He then said "look what you did to my mirror". Apparently I had hit his mirror while banging his side window. He also stated "I did that to teach you a lesson for what you did to the other driver" (although I didn't even touch my brakes during that "incident") At this time someone stopped and said they were calling 911. The conversation ended we told each other to go _____ yourself and I left.
The next day I was contacted by the OPP, would told me I would most likely be charged with Mischief. The other driver is claiming that I kicked his mirror and it is now cracked. The OPP told me the other driver is not being charged with anything and that they have an independent witness who didn't stay on the scene but was contacted later. I don't know who this witness is but the OPP state they back up the other drivers (an old man) story.
My question is should I fight this charge with a lawyer or just go to court and ask for a dismissal and go the restituion route. Either way my finger prints (if charged) will be on file whether convicted or not.
I was driving on the 401on a raining day with my daughter and girlfriend. I was passing a transport in the far left lane (passing lane) driving approx 120. A VW approached me from being at a high rate of speed and was tailgating so close I couldn't see her headlights. I disengaged my Cruise and slowed down so I could get back in behind the transport. At this time the car pulled into the far right lane and passed the transport. I then continued on my way and also passed the transport in the far left lane as before.
Once in front of the transport I was passed by a different car, a Mazda. Once passed the Mazda pulled in fron of me and slammed on his brakes. I slammed on my brakes luckily not hitting him and even more luckily the transport was able to swerve into the fast lane and didn't hit me or anyonelse.
I will admit that at this time I was furious with this Mazda and deiced to follow him until I could get his plate and report it. He exited within the next 30 secs as did I. In the off ramp he once again began to slam on his brakes (4 different times) As I was still in the off ramp I continued on to the stop sign.
At this time I was very angry and exited my car and went to the drivers side door and banged on his side window. We exchanged a variety of adjectives and opinions. He then got out of his car and we continued to "converse". At no time did the conversation get physical. He then said "look what you did to my mirror". Apparently I had hit his mirror while banging his side window. He also stated "I did that to teach you a lesson for what you did to the other driver" (although I didn't even touch my brakes during that "incident") At this time someone stopped and said they were calling 911. The conversation ended we told each other to go _____ yourself and I left.
The next day I was contacted by the OPP, would told me I would most likely be charged with Mischief. The other driver is claiming that I kicked his mirror and it is now cracked. The OPP told me the other driver is not being charged with anything and that they have an independent witness who didn't stay on the scene but was contacted later. I don't know who this witness is but the OPP state they back up the other drivers (an old man) story.
My question is should I fight this charge with a lawyer or just go to court and ask for a dismissal and go the restituion route. Either way my finger prints (if charged) will be on file whether convicted or not.