Drive W/O Due Care Ticket After Crash

I am just looking for some information / advice and I am hoping you can help me.

My daughter was in an accident in a BC city in April 2017. She was travelling southbound and says she had a green light. The other vehicle was travelling eastbound and the driver also claims they had a green light. Now they collided in the intersection and both cars ended up facing east on the south side of the road beside the bank.

All air bags went off and fluid and steam were coming out of my daughters car, both her and her passenger got out of the vehicle as they felt they may be in danger if they stayed in. The passenger then called 911.

The constable on scene deemed my daughter at fault and issued her a Driving without due care ticket, which we are going to dispute.

We are from Alberta so I was unable to attend to the scene.

We have tried contacting the constable since and he has not returned our calls. Once we received the RCMP accident report, we noticed he has it noted that my daughter was making a left hand turn (not true).

Do we have grounds to dispute this? I feel that since my daughter was young and an Alberta driver, she was unjustly targeted at the scene and not listened to or taken seriously by the officer.

The good old catch all

Driving Without Due Care and Attention, is the standby ticket after collisions, by some members of some police departments.  The charge is more serious than most other Motor Vehicle Act (MVA) charges and is generally suited for a driver who violates multiply sections of the MVA.

Hopefully the constable had more evidence than "he said she said" and more than just disobeying the red traffic light (ie, speeding and disobeying the light).  When both drivers say they were travelling through a green light, an independent witness, be that an actual witness or some other means such as a dash camera are needed.  Occupants in one's vehicle don't count as independent witnesses.

I recall hearing the crash of two vehicles hitting in an intersection.  I was looking down and did not see it happen.  As I looked up, though, I counted the seconds before the light I was facing changed to yellow, and established whichever vehicle was travelling on the street I was on, had a green light.

When I arrived at the intersection, I saw the two smashed vehicle in a ground level parking lot next to the intersection.  I rode over to the parking lot (I was on a motorcycle).  I found a middle aged woman driving an expensive newer vehicle, dressed in business attire, mad as a wet hen, chastising a young female standing at the damaged vehicles.  The second vehicle was a older compact vehicle and had been apparently occupied by two teenaged females.

I asked what happened (I was a traffic cop).  The middle aged female aggressively stated "I was travelling through the intersection on a green light when she drove right through the red light, look at my car it severely damaged, I have a meeting to get to".

I then asked the teenaged driver, who was obviously upset at having the collision.  She said "I thought I had the green, I'm pretty sure I had a green light". 

Not knowing who was travelling on which street I asked myself, who I would have suspected of disobeying the red traffic light.  The only independent witness was me.

Of course the teenage female.  Inexperience, "I'm pretty sure....", the other driver a seasoned driver, sure she had the green.

The teen had the green.

 

Grounds?

Certainly you have grounds, given the difference between what really happened and what the officer wrote.

A witness - dashcam or other road user who was there - would certainly help. Best of luck!

Curious

What justification other than the fact that your daughter received a ticket makes you think that she was targeted for being either young or an Alberta driver?

Hopefully you have already entered your notice of intention to dispute the allegation as you have only 30 days from the date of issue to do so.

Take a look at my article titled Q&A: How to Deal With a Traffic Ticket and see if it provides enough information for you.

If there were witnesses identified, they will be listed in the All Involved section at the bottom of the MV6020 form. There will not be enough information visible to you to identify them though.

Here is information on MV6020's that contain incorrect information.

Since I have no involvement in the investigation and you have not yet asked for and received disclosure to fill me in on what the officer thought happened, I can't really comment on any grounds to dispute with.

Google Ads