Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 27 posts ]  Go to page Previous  1, 2
  Print view

Author Message
PostPosted: Mon Aug 23, 2010 10:07 am 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Thanks Chris for your post . I got all your points including the 60m distance for the sign to be visible. :)
Is there such think as reopening a case ?


Top
 Profile  
 
One other consideration
PostPosted: Thu Aug 26, 2010 11:48 pm 
Offline
Newbie
User avatar

Joined: Sun Dec 02, 2007 12:11 am
Posts: 11
Location: Ottawa & Toronto
I've looked at many of the posts and - for the most part - they are correct.

However there has not been a lot of mention of an additional ground of appeal. It appears that you made some mistakes in your trial. Although you are not entitled to a 'do over' the JP had a duty to make sure that you did it right the first time. He/she doesn't have to do your job for you, but he/she does need to give you a reasonable opportunity to do a good job for yourself and assist you (to some degree) especially through more difficult evidentiary or technical issues.

To be frank I did not have the chance to review your case beyond a 10-15 second scan but based on some of your points and based on what many people have written in response it MIGHT be a viable ground of appeal to suggest that the JP did not do enough to assist you as an unrepresented litigant. I am not saying that this will succeed but what I can say is (1) I have won many appeals on this basis and (2) if I were asked to take this case on this is one of the first issues I'd investigate.


David Anber
Criminal Lawyer
www.DavidAnber.com


Top
 Profile  
 
PostPosted: Sat Aug 28, 2010 1:07 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2536
Location: Toronto
OTTLegal wrote:
A bylaw charge is a city bylaw that is not usually recognized by the Ministry of Transportation, subsequently if you had had the charge dropped to a bylaw your driving record would have remained clear, no record on your driving abstract


Just to add... this is why I usually recommend that, if the Prosecutor offers a bylaw infraction deal, take it. With nothing on the driver abstract, insurance is not affected, either.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
PostPosted: Sat Aug 28, 2010 5:15 pm 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Tank you Simon. I did not know that at the time of the trial. At the city of Mississauga website they say the points can not be spared, in fact they can be. I should have taken that deal. I was so pump up that I’m not guilty. The problem is that this occupies my mind and takes it’s toll.


Top
 Profile  
 
PostPosted: Mon Aug 30, 2010 4:55 pm 
Offline
Member
User avatar

Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
Interesting read. You should consult with paralegals in Mississauga. Based on your posts I assume it was officer #2448. He writes a lot of tickets in that area. You may have an argument on Appeal.


Top
 Profile  
 
PostPosted: Mon Aug 30, 2010 9:40 pm 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Thanks Traffic Law .I will .


Top
 Profile  
 
Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service
PostPosted: Wed Dec 08, 2010 12:53 pm 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Some update – I pass by that road last Friday, wanted to see how far is that last No Heavy Truck sign visable.Well it is visible from more than 60 meters, so far no excuse here.Intresting thing was, that the officer was there to, busy with a roll off truck. By the time I was passing by, 3 truck pass by one after another, coming from south true Dixie and going true Cormack drive ,true South Service Road to QEW east. They all got away with it .The officer did not stop them. On Cormack drive just off of Dixie there are No Heavy Truck signs on both sides of that road, and it is pretty clearly marked right on Cormack pull off.
It is one hot spot for violating those “no heavy truck sighs”
Probably that’s way there were so many truck drivers at the court.
I was hoping some of them will post here 


Top
 Profile  
 
Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service
PostPosted: Wed Dec 08, 2010 3:27 pm 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Wow! 696 views it is getting out there.
I want it to mention, (probably most of you know about it) Google Street View is an excellent tool .I could see the intersection, and I could virtually travel along the road -amazing!
By the way I’m still waiting for that disclosure. It has been 4 months. And yes I filed an appeal in Brampton.


Top
 Profile  
 
Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service
PostPosted: Wed Dec 08, 2010 6:40 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2763
Location: In YOUR rearview mirror!
The Trucker wrote:
. And yes I filed an appeal in Brampton.

How was the first trial done in error?

I don't live there so trying to figure the signs out even with google maps and your pics. So if I see them correctly CMV are not supposed to enter the QEW from Dixie Rd at all?
Looking at the North Service Road and South Service Roads they both appear residential areas?

and OVER 700 views - this is a excellent demonstration why a quick description of offence and location is important on every single thread and to keep on one thread :wink:

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service
PostPosted: Sat May 21, 2011 9:49 pm 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Some updates –my life had a fail to stop on stop sign ticket – went to court –officer did not show up. She’s clear .My insurance did not go up –offence is not even mentioned in policy. So far so good. 8 month passed and no reply from the court in Mississauga .I’m still waiting for court transcript .Should I call them?


Top
 Profile  
 
Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service
PostPosted: Sun May 22, 2011 10:47 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2536
Location: Toronto
Try calling them and see what's up.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service
PostPosted: Mon Dec 12, 2011 10:36 pm 
Offline
Newbie

Joined: Sun Aug 15, 2010 11:27 am
Posts: 24
Location: kitchener
Finaly they told me my transcripts are ready it took more than a year !


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 27 posts ]  Go to page Previous  1, 2

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. HTA 182(2) Queen Street/Airport Road in Brampton

Wilchris

13

942

Thu Dec 09, 2010 11:00 am

hwybear View the latest post

There are no new unread posts for this topic. Attachment(s) Disobey Sign HTA 182(2) Kerns Road, Hwy 5 (Dundas St)

bhuh

4

459

Mon May 30, 2011 1:30 am

nerd View the latest post

There are no new unread posts for this topic. Disobey Sign - No Trucks 7pm - 7am

rigjockey

5

1089

Wed Oct 29, 2008 8:56 am

Radar Identified View the latest post

There are no new unread posts for this topic. Closed road - changed to "disobey road sign"

ponyboyt

1

637

Fri Aug 07, 2009 1:01 pm

Bookm View the latest post

There are no new unread posts for this topic. Section 182(2)

sevendayweekend

2

956

Thu Feb 05, 2009 11:19 am

ticketcombat View the latest post

 


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: