How to contest a law count of indictment

Ouf! Much more then a simple ticket… he got 4 law count of indictment… But how to contest a law count of indictment ? It seams already too late in his case…

Daniel’s story:
Hello Mister or Madam, I have a lot of question to ask you about the criminal and a lot of things to say.

I will explain to you the story of the events :

Near 4:45pm on April 26th 2009, I was driving on the Chemin du Golf, a street, to get at my home. We saw a 1995-1998 Ford Windstar van that was at a really low speed under 30 km/h in a 50km/h speed limit zone and I followed him all the way to my place. We saw the van of MISTER X driving very slow, fast, then very slow. At the bridge, on the Ruisseau Street, he stopped on the bridge for no good reasons for about 15 seconds. And we saw that there was nothing in front of Mister X so I honked the horn to warn him to keep on going. He drove about 4 meters and put quickly the breaks for no good reasons and I almost hit his bumper I was 1 feet away. Mister X got out of his van and scream at me like a crazy person he was threatening me with his fist. I decided to drive pass him by the left side and then we heard a big “boum” mister X hit my truck with his fist on my truck.Since I don’t accept his gesture, I decided to turn on the next street to go behind the van and take Mister X registration plate number. He decided to stop on the side of the road and I taught he wanted to speak calmly to me man to man, whatever the situation was. I ask my girlfriend to open her window to talk at the side of his van who is parked on the side of the road. Mister X open’s his door and get down of his van and hit my left fender with his door. So I decided to backup to protect my girlfriend since her window is rolled down. Will I changed of gear, my truck is manual, to drive towards and get away, my truck chocked. Mister X got enough time to get at my window and tried to open my door and hit my shoulder and he tried to strangle me at the troth. Thank good my girlfriend help me to get his hand out while I was trying to start my car. We got away.

I was really frustrated so I decided to make a custom U-turn and I hit the sidewalk and I slipped on the gravel I didn’t wanted to get across his van again to be screamed at, what is his problem and we see Mister X get down again and wait in front of his van. Before passing besides his van, I feel that the wheel is not normal and that the direction of the car is affected since I’ve hit the sidewalk and I lost the control of my vehicle the truck refused to turn left or right and only go forward, mechanical problem. I tried to avoid Mister X or his van, but I hit his van. While I hit his van, my truck was going forward and I tried to control it but he didn’t want to stop or turn since I don’t have any breaks left, mechanical problem. I hit the right side of an other vehicle that was at the stop.

I didn’t want to hit Mister X or his van with my truck !!!

The 3 important witnesses (neighbours) saw the end of the events and went to see Mister X to talk to him before the officers arrived. The officers took the version of the same 3 witnesses who went to talk to Mister X and they pressed charges against me. The officer handcuffed me and gave me some law count of indictment.

They accused me with 4 law count of indictment; armed aggression, harassment, wrongdoing and dangerous driving, since the 3 witnesses saw my truck going very fast to do a U-turn and going to hit the truck of Mister X. The witnesses said that I was driving fast but I don’t believe these versions.

At the court they took out 2 law count of indictment; Armed aggression and harassment. They decided to say that I was guilty of wrongdoing and dangerous driving.

Since my lawyer can’t do anything against Mister X since the 3 witnesses told the truth in their declaration he advise me to take the 2 law count of indictment if not, I would go to prison for the 4 law count of indictment.

I can’t believe that they don’t believe our side of the story. My girlfriend saw everything from the start. But she didn’t testify in court.

The 3 witnesses that saw Mister X attack me and they didn’t talk about this in there declarations!!! They hide behind the truth in court !!!

Furthermore, Mister X didn’t get a law count of indictment against him since he attacked me at the beginning of the incident. He was asked to come and testify in court and we saw that Mister X got some money $$$ to give his testimony.

Is it really normal to see the court doing a bad judgement against me ???

Why Mister X doesn’t get any accusation for his behaviour when he is the one that attacked me on the street ???

My girlfriend and I are very frustrated, outrage and not at ease!!! I am not somebody that has any intentions of wrongdoing and dangerous driving and attacking a person since I don’t like to see violence in the streets.

We need to understand the situation. Why Mister X didn’t get any law count of indictment against him according to his behaviour. And I, got really important law count of indictment !!!!

Can he accuse us if it is an accident because of a mechanical problem ???

How can he contest the false law count of indictment by mistake ???

I think that it is very serious that the witnesses and Mister X didn’t tell the whole truth!!! Mostly that justice is wrongly made !!!

I believe this is really a complicated story !!!

May 6th
My opinion :

It is not complicated…

You always need two people to argue…

Unfortunately, it seams that you are the loser in this story…

I don’t believe that going back was a good idea…

The mechanical problem could be proved with a garage bill… but your story is already closed…

You could appeal… it is your right… but is it your choice ?

There is probably many details that are missing in your story… did you ask for the communication of the proof ? Why your girlfriend didn’t testify ? Did you have a real lawyer to defend yourself ? Did you ask to cross-examine the witnesses ?

Certainly it is not easy for a judge to see trough all of this… maybe a neighbour took pictures or taped the situation…

If you want to appeal, you will have to get a pretty darn good lawyer and get your case together tightly…

About the law count of indictment… it is the “victim” that must press charges and gets the process going… the other driver obviously did it… But not you…

Keep us updated !


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