Questions 13-22 are based on the following scenario. It is a…

Questions

Questiоns 13-22 аre bаsed оn the fоllowing scenаrio. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle - 159(2) HTA At trial, you (the defence agent) examine the certificate of offence and notice the officer did not sign the certificate of offence for the charge of speeding (HTA s128).  What, if anything, would you do?

Questiоns 13-22 аre bаsed оn the fоllowing scenаrio. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle - 159(2) HTA At trial, you (the defence agent) examine the certificate of offence and notice the officer did not sign the certificate of offence for the charge of speeding (HTA s128).  What, if anything, would you do?

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