I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the cars in. I was looking at the mirror wondering what he was doing and came to the conclusion that perhaps i need to move forward a few ft for the car behind me to pull out. I checked my left mirror and the cop car was still there. I then proceeded to release my brake and put my transmission to D. Once I released my brake and when the car rolled forward (I didn't even apply gas yet), he pulled in right to my left and our cars collided. The point of contact was his rear right passenger door and my front left bumper. No serious damage, only minor scratches that require light paint job. He came down the car and called me stupid and said that I was speeding. I was driving no faster than the car to my left. In the end, a bunch of cops came over. The speeding charge was not mentioned and dropped. However I was given a ticket based on section 142(2) as per described in the title. I looked at the section and I find it interesting. It was safe for me to moved when I made that decision to move. Instead, why was I given 142(2) when in fact the cop changed lanes and hit my car? the cop should have been found at fault and be given a charge for unsafe lane change based one 153(1) How can the cop claim that 142(2) bears more weight than 153(1)? If I was making a left, or right, and did not signal, subsequently hit somebody, I can see how this would apply to me. However, changing from parked position to D means that if any car hit me while I release my brake seems ridiculously silly. It is under my impression that unsafe lane change bears more weight since you are going into a lane that others have a higher "right of way". Please advice on this situation and what sort of defenses could I use at the court. thanks
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the cars in. I was looking at the mirror wondering what he was doing and came to the conclusion that perhaps i need to move forward a few ft for the car behind me to pull out. I checked my left mirror and the cop car was still there. I then proceeded to release my brake and put my transmission to D. Once I released my brake and when the car rolled forward (I didn't even apply gas yet), he pulled in right to my left and our cars collided. The point of contact was his rear right passenger door and my front left bumper. No serious damage, only minor scratches that require light paint job. He came down the car and called me stupid and said that I was speeding. I was driving no faster than the car to my left.
In the end, a bunch of cops came over. The speeding charge was not mentioned and dropped. However I was given a ticket based on section 142(2) as per described in the title. I looked at the section and I find it interesting. It was safe for me to moved when I made that decision to move. Instead, why was I given 142(2) when in fact the cop changed lanes and hit my car? the cop should have been found at fault and be given a charge for unsafe lane change based one 153(1)
How can the cop claim that 142(2) bears more weight than 153(1)? If I was making a left, or right, and did not signal, subsequently hit somebody, I can see how this would apply to me. However, changing from parked position to D means that if any car hit me while I release my brake seems ridiculously silly. It is under my impression that unsafe lane change bears more weight since you are going into a lane that others have a higher "right of way".
Please advice on this situation and what sort of defenses could I use at the court. thanks
Your best bet is to request a trial date and disclosure. You should know what he's planning to claim in court. Also you need contact information for other witnesses to see if they'll back you up in court.
Your best bet is to request a trial date and disclosure. You should know what he's planning to claim in court. Also you need contact information for other witnesses to see if they'll back you up in court.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
I have no witnesses. The two cars that were pulled behind me were not stopped by the cop who collided with me. He has no witnesses as well. A Sergent was called over first, then the accident investigation team was called over. So that's 4 cops vs 1 civilian. When he told me how he decided the fault, he said I hit the cop car from the back of his bumper, pushed it all to the side of the door. This is ridiculous as my car virtually did not move, and there was no dent anywhere, just scrapes on both our vehicles. The investigator had a trainee with him. My charges is me vs them, I don't think the victim would should up. Regardless, I filed for a disclosure today. I faxed them my disclosure request then went to the court and dropped off a hard copy. I was then asked to fill in "their" form. She was insistent so I said I'd take a copy and fax it over when I get back to my office. I asked her to keep my second copy and acknowledge that they received it regardless. She did that, stamped it, and she then noted on the disclosure request saying that I would be faxing them their form. I had no choice since I'd be questioned why didn't I fax it over should this be brought to the JP. So I faxed the form over, along with the photocopy of the disclosure that she gave me back. Following is what I requested: Initially I wanted to file for a motion of change at the same time because they are very unlikely to be able to get the disclosure to me on time. I spoke to a clerk before that and she told me that I don't actually have to file it now because I can just request for an adjournment on the trial basing on the ground that I did not receive disclosure on time and that this is my first trial, this would put me at an unfair position. I'd request for adjournment on the trial date. If the JP denies of my request, what should I do at that point?
I have no witnesses. The two cars that were pulled behind me were not stopped by the cop who collided with me. He has no witnesses as well. A Sergent was called over first, then the accident investigation team was called over. So that's 4 cops vs 1 civilian. When he told me how he decided the fault, he said I hit the cop car from the back of his bumper, pushed it all to the side of the door. This is ridiculous as my car virtually did not move, and there was no dent anywhere, just scrapes on both our vehicles.
The investigator had a trainee with him. My charges is me vs them, I don't think the victim would should up.
Regardless, I filed for a disclosure today. I faxed them my disclosure request then went to the court and dropped off a hard copy. I was then asked to fill in "their" form. She was insistent so I said I'd take a copy and fax it over when I get back to my office. I asked her to keep my second copy and acknowledge that they received it regardless. She did that, stamped it, and she then noted on the disclosure request saying that I would be faxing them their form. I had no choice since I'd be questioned why didn't I fax it over should this be brought to the JP. So I faxed the form over, along with the photocopy of the disclosure that she gave me back.
Following is what I requested:
Aug 14, 2009
Provincial Prosecutors Office
York Civic Centre
2700 Eglinton Ave. West
Toronto, ON M6M 1V1
REQUEST FOR DISCLOSURE
Dear Sir/Madam,
I am schedule to appear in Court # W2 on the 28th day of August, 2009 at 10:30 am to answer the charges of UNSAFE START "HTA 142(2)" and FAIL TO NOTIFY CHANGE OF ADDRESS "HTR 34033(1)".
Please provide full disclosure of the case against me, with the following items typewritten where applicable:
1. Both sides of the officer's copy of the ticket;
2. Any statements the defendant had made to the police;
3. Any witnesses' statements;
4. Any document the Crown may rely on at trial;
5. Education and training record of the officer;
6. Procedures in accident reconstruction;
7. Officers success/failure record in reconstructing accident scene and the determination of fault;
8. Officers contact history/relationship with the 3rd part officer (victim);
9. Any repair history of the vehicle assigned to the 3rd party officer (victim)
a. PC Shaw #1247, Fleet #3381, license plate AVSA 807
Thank you for your assistance, and please send me all the information, type written, to the above address. Your promptness and timely disclosure is highly appreciated as the information is required for me to provide answer and defense to the charges.
Sincerely Yours,
______________________
Initially I wanted to file for a motion of change at the same time because they are very unlikely to be able to get the disclosure to me on time. I spoke to a clerk before that and she told me that I don't actually have to file it now because I can just request for an adjournment on the trial basing on the ground that I did not receive disclosure on time and that this is my first trial, this would put me at an unfair position. I'd request for adjournment on the trial date.
If the JP denies of my request, what should I do at that point?
If the JP denies your request, you have solid grounds for appeal. The JP should grant your request, but you never know. It's a purely political position. A retiring JP could recommend his favorite member of Tim Hortons counter staff and chances are that she would get the job. The training that they receive is laughable.
If the JP denies your request, you have solid grounds for appeal. The JP should grant your request, but you never know. It's a purely political position. A retiring JP could recommend his favorite member of Tim Hortons counter staff and chances are that she would get the job. The training that they receive is laughable.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
1) Never put your car in gear while stopped by an officer, unless you are cleared to do so. 2) Driving no faster than the speeding SUV next to you still means you were speeding. So three cars were in the right-hand lane, with you in front. Cruiser was in the lane one over to the left (next to either of the cars behind you?). If so, I'm guessing that he was motioning for one or both of the cars behind you that he intended to pull them over as well, and was about to pull up in front of all three cars at the same time that you rolled forward. The cars behind you not signalling to the right is no indication that they were not pulling over. You claim to have moved three feet at most, but that certainly would make the difference, given that it was a light scrape starting at his rear passenger door. You failed to indicate left before moving from a parked position, and that's covered under 142(2). You seem sure that the officer did not believe you were trying to run and did not pull up to box you in, so I won't go there.
1) Never put your car in gear while stopped by an officer, unless you are cleared to do so.
2) Driving no faster than the speeding SUV next to you still means you were speeding.
So three cars were in the right-hand lane, with you in front. Cruiser was in the lane one over to the left (next to either of the cars behind you?). If so, I'm guessing that he was motioning for one or both of the cars behind you that he intended to pull them over as well, and was about to pull up in front of all three cars at the same time that you rolled forward. The cars behind you not signalling to the right is no indication that they were not pulling over. You claim to have moved three feet at most, but that certainly would make the difference, given that it was a light scrape starting at his rear passenger door. You failed to indicate left before moving from a parked position, and that's covered under 142(2).
You seem sure that the officer did not believe you were trying to run and did not pull up to box you in, so I won't go there.
He wasn't trying to stop me. When he got off the car, he was "surprised" as well. I wasn't trying to make a left or leave the lane, why do I need to signal left? If you put your car to park at a red light while waiting for the light to turn green, do you signal left/right when you are going to move forward? despite at at "parked position"? If he was trying to stop me, he would have restrained me, or give me a ticket for failing to obey an officer. This did not happen, and neither did I get a ticket for "speeding".
He wasn't trying to stop me. When he got off the car, he was "surprised" as well. I wasn't trying to make a left or leave the lane, why do I need to signal left? If you put your car to park at a red light while waiting for the light to turn green, do you signal left/right when you are going to move forward? despite at at "parked position"? If he was trying to stop me, he would have restrained me, or give me a ticket for failing to obey an officer. This did not happen, and neither did I get a ticket for "speeding".
At a stoplight, no signal is required when proceeding directly forwards. When you are parked at the side of the road, you are considered to "turn" into the rightmost lane when you begin to move. Thus you must signal left when moving from a parked position. Try to pass a driving test without doing so - it won't happen.
At a stoplight, no signal is required when proceeding directly forwards. When you are parked at the side of the road, you are considered to "turn" into the rightmost lane when you begin to move. Thus you must signal left when moving from a parked position. Try to pass a driving test without doing so - it won't happen.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…