Can someone explain this to me?

[Magpie]

Why would the cops NOT lay charges in this case?

Salon needs makeover after crash
By DON PEAT, QMI Agency


An Oaville, Ont. beauty salon is in need of a makeover after a hair-raising car crash Saturday.

Halton Regional Police said a Dodge Charger crashed into New U Hair Design on Speers Rd. around 11 a.m.

“I understand that the driver’s foot slipped off the pedal, probably off the brake and onto the gas,” Staff Sgt. Peter Hodgson said.

The car crashed through the window of the salon that was open for business at the time.

“Fortunately nobody was injured,” Hodgson said. “A fair bit of damage to the building, we understand about $10,000.”

Because the crash was on private property, he said he doubted charges were going to be laid.

don.peat@sunmedia.ca

I don't understand what being on private property has to do with anything. So they'd lay charges if the car knocks down a bus shelter (public property), but not if it goes through a shop window?

 

[AKL_Megs]

I asked my husband, but he couldn't answer since it is in Canada, and their laws are totally different.

But HERE in America, police don't take private property accident reports or file charges... as it's a civil matter. They give them a form that says, "ABC Police Department is no longer involved in this matter". Police can't inforce driving laws on private property. If he wasn't drunk, didn't kill someone, and it was an accident, it's a civil matter. Really, what crime would you charge him with? Accidental Foot Slippage? It was an accident. No charges to be filed. And the damages, they will take that up in court, I guess.

 

[lsyorke]

That's why they call them accidents. Just because there were no charges doesn't mean that someone isn't at fault. It's a civil matter, not criminal.

 

[Magpie]

I asked my husband, but he couldn't answer since it is in Canada, and their laws are totally different.

But HERE in America, police don't take private property accident reports or file charges... as it's a civil matter. They give them a form that says, "ABC Police Department is no longer involved in this matter". Police can't inforce driving laws on private property. If he wasn't drunk, didn't kill someone, and it was an accident, it's a civil matter. Really, what crime would you charge him with? Accidental Foot Slippage? It was an accident. No charges to be filed. And the damages, they will take that up in court, I guess.

Well, evidently if he'd knocked down a bus shelter, they'd charge him with something. So, whatever that charge would be. Careless driving, maybe.

I was wondering about the double standard.

 

[Jennasis]

What exactly do you charge them with? The Owner of the shop would have to press charges of some kind, but more than likely (since nobody was hurt) she'd just go after the insurance company to fix the damage.

What is the crime? Nobody hurt. no intent to do harm.

 

[AKL_Megs]

Well, evidently if he'd knocked down a bus shelter, they'd charge him with something. So, whatever that charge would be. Careless driving, maybe.

I was wondering about the double standard.

If they ran into the POLICE STATION and weren't drunk, weren't speeding, and didn't hurt anyone, it would be an ACCIDENT. No charges would be filed. I don't understand what is so hard to understand!

 

[tvguy]

If they ran into the POLICE STATION and weren't drunk, weren't speeding, and didn't hurt anyone, it would be an ACCIDENT. No charges would be filed. I don't understand what is so hard to understand!

Actually, since a Police station is public property, they could be charged, although they likely wouldn't.

What good does filing criminal charges do? It's an accident, the person who caused it is legally responsible to fix the damage. Our courts are clogged up enough. And the police would spend their entire day running from one shopping center fender bender to another.

This legal website my help clarify the difference between civil and criminal law.
http://www.rbs2.com/cc.htm

 

[kaytieeldr]

Sorry, I'm still back on the "foot SLIPPED off the brake and onto the gas" claim.

So there's no law in Canada that allows police to charge someone with driving while stupid, huh?

 

[Nomi]

Sorry, I'm still back on the "foot SLIPPED off the brake and onto the gas" claim.

So there's no law in Canada that allows police to charge someone with driving while stupid, huh?

I wish there was a law like that. Then I could claim to be stupid and never have to drive again!

But this seems to be more a case where insurance would get involved, not the police.

 

[bicker]

Well, evidently if he'd knocked down a bus shelter, they'd charge him with something.

Can the government sue as a plaintiff in civil court? I don't think they can.

I was wondering about the double standard.

I suppose the charge could be "destruction of public property". Then there would be no double-standard.

 

[golfgal]

I asked my husband, but he couldn't answer since it is in Canada, and their laws are totally different.

But HERE in America, police don't take private property accident reports or file charges... as it's a civil matter. They give them a form that says, "ABC Police Department is no longer involved in this matter". Police can't inforce driving laws on private property. If he wasn't drunk, didn't kill someone, and it was an accident, it's a civil matter. Really, what crime would you charge him with? Accidental Foot Slippage? It was an accident. No charges to be filed. And the damages, they will take that up in court, I guess.

Maybe that is his departments or your state's rule but the police here WILL take accident reports and have charged people with reckless driving or worse in situations like this. A woman crashed into a bar/restaurant in our town not all that long ago, she got multiple tickets for that according to the accident report in the paper.

 

[Carly_Roach]

Because it's Canada I can't speak for the laws up there. But from what I know of reasons for tickets and arrests here, I would suppose it all would be based on intent.

Did the person intend to damage the hair salon? I'd have to guess that they didn't. Was the person drunk or under the influence of drugs or some other substance? I'd have to guess that they weren't. Was the person a menace to society to the point where they'd need to be taken out of the driver's seat? I'd have to guess that the officer on the scene didn't believe so.

A majority of the laws are put into place to protect the public. If the officer on the scene (who's seen more incidents and can tell more about people than anyone around) didn't determine that the person behind the wheel was a danger to the public, I'd have to respect his judgment unless and until another similar incident happened. In America, it's innocent until proven guilty. Sometimes accidents happen.

It's a civil case now.

 

[DVC-Don]

Back when I was "On the Job" (70's & 80"s) the only traffic law we could enforce on private parking lots was handicapped parking.
We could take accidents reports, just not give a ticket.

 

[FireDancer]

If they ran into the POLICE STATION and weren't drunk, weren't speeding, and didn't hurt anyone, it would be an ACCIDENT. No charges would be filed. I don't understand what is so hard to understand!

You can be cited for failure to control your vehicle, at least in Ohio, even if it was an accident on public property, which the Police Station would almost certainly be. Most accidents are accidents in they are not done on purpose but they are not accidents in they just happened. Almost always (acts of God or 4yr olds on bikes not withstanding) they are the result of an action (slipping and hitting the gas) or a failure to act (not braking at a stop sign).

As other people have stated though this is a civil matter and not a criminal one since there was no injury.

 

[tigercat]

I live in Halton Region, just another town. And it is Oakville, not Oaville. A couple of weeks ago a lady driving a car decided that the sub show should be drive through LOL. Her foot slipped as well. As far as I know no charges were made. It was a good thing that it happened when it did as 5 minutes earlier there were a lot of kids on lunch break there.
tigercat