I commited the offence of Disobeying to stop on a stop sign this morning. The officer says I slowed down but did not completely stop at the sign. This was at a 3-way stop in a school zone. The weather is bad and there was freezing rain warning in the morning. The roads were not entirely slippery, but I was wondering if I can have a case here. I could not stop due to the weather and slippery conditions, my car slipped on the road and I just continued on. I have a clean record for 16 yrs and this is my first offence. Please advise.
I commited the offence of Disobeying to stop on a stop sign this morning. The officer says I slowed down but did not completely stop at the sign. This was at a 3-way stop in a school zone.
The weather is bad and there was freezing rain warning in the morning. The roads were not entirely slippery, but I was wondering if I can have a case here.
I could not stop due to the weather and slippery conditions, my car slipped on the road and I just continued on. I have a clean record for 16 yrs and this is my first offence.
The courts do not consider "weather conditions" to be a valid reason for failing to stop. If you were to testify that the roads were slippery and that was why you were unable to stop, it would be a "gimme" for the Prosecutor. Some valid reasons for failing to stop include: - Brakes failed unexpectedly (mechanical problem, would need a mechanic's certificate and would have had to have towed your vehicle) - Rear-ended by another vehicle and it pushed you past the stop line - Life-threatening emergency - Collision avoidance (e.g. someone careening towards you) If you wanted to pursue this further, you could, for example, plea-bargain to a lesser offence.
The courts do not consider "weather conditions" to be a valid reason for failing to stop. If you were to testify that the roads were slippery and that was why you were unable to stop, it would be a "gimme" for the Prosecutor. Some valid reasons for failing to stop include:
- Brakes failed unexpectedly (mechanical problem, would need a mechanic's certificate and would have had to have towed your vehicle)
- Rear-ended by another vehicle and it pushed you past the stop line
- Life-threatening emergency
- Collision avoidance (e.g. someone careening towards you)
If you wanted to pursue this further, you could, for example, plea-bargain to a lesser offence.
* 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
I think there are some situations where road conditions can amount to a due dilligence defence. If can establish that you were driving appropriately for the circumstances and you encountered a road condition or other situation that was essentially unforseeable, and you did everything you could, you may be able to establish the defence. I think the key is that the event or condition was reasonably unforseeable, because if it was not, and you did or should have forseen it, then you weren't driving reasonably for the conditions. For example, if you're driving on icy roads at a normal speed and you hit some ice and can't stop, you were not exercising due dilligence. If you were, you would have been driving slow enough to be able to handle the ice. I think that's the way the courts usually look at it.
I think there are some situations where road conditions can amount to a due dilligence defence. If can establish that you were driving appropriately for the circumstances and you encountered a road condition or other situation that was essentially unforseeable, and you did everything you could, you may be able to establish the defence. I think the key is that the event or condition was reasonably unforseeable, because if it was not, and you did or should have forseen it, then you weren't driving reasonably for the conditions.
For example, if you're driving on icy roads at a normal speed and you hit some ice and can't stop, you were not exercising due dilligence. If you were, you would have been driving slow enough to be able to handle the ice. I think that's the way the courts usually look at it.
I received a ticked for failing to stop on a 3-way stop sign. The cost is $110 and the 3-points. I have pleaded NOT-GUILTY to buy some time. I want to meet with the prosecutor to see if they can at least forgive the 3-points or let go of it. This is my first offense in a 16 year driving record. Can someone please advise how I can go about the prosecutors letting go of the 3-points
I received a ticked for failing to stop on a 3-way stop sign. The cost is $110 and the 3-points.
I have pleaded NOT-GUILTY to buy some time.
I want to meet with the prosecutor to see if they can at least forgive the 3-points or let go of it.
This is my first offense in a 16 year driving record.
Can someone please advise how I can go about the prosecutors letting go of the 3-points
Just to clarify what Simon's saying, the Crown and JP can only change fines, not demerit points. Once you're convicted, the Ministry assigns the set number of points for the offence committed. The only way to avoid points is to plead out to a different offence with less points or go to trial and hopefully be found not guilty.
rajasam78 wrote:
Can someone please advise how I can go about the prosecutors letting go of the 3-points
Just to clarify what Simon's saying, the Crown and JP can only change fines, not demerit points. Once you're convicted, the Ministry assigns the set number of points for the offence committed.
The only way to avoid points is to plead out to a different offence with less points or go to trial and hopefully be found not guilty.
Thanks for the valuable advise. Can I ask for FULL DISCLOSURE. In the event that perhaps they are not able to provide all the information. I am not a legal expert and thats why I am here trying to figure how to get out of these points. Any valubale advise is appreciated. As of now I am going to plead not guilty for due deligence
Thanks for the valuable advise.
Can I ask for FULL DISCLOSURE. In the event that perhaps they are not able to provide all the information. I am not a legal expert and thats why I am here trying to figure how to get out of these points. Any valubale advise is appreciated.
As of now I am going to plead not guilty for due deligence
Yes, but when you say "all the information", what are you expecting them to provide? For a stop sign offence, I can't think of much more than the officer's notes. While some offences can have a significant amount of disclosure (radar manuals, accident reports, witness statements), yours sounds pretty basic.
rajasam78 wrote:
Can I ask for FULL DISCLOSURE. In the event that perhaps they are not able to provide all the information.
Yes, but when you say "all the information", what are you expecting them to provide? For a stop sign offence, I can't think of much more than the officer's notes. While some offences can have a significant amount of disclosure (radar manuals, accident reports, witness statements), yours sounds pretty basic.
Will FULL DISCLOSURE not include information on where the officer was parked, and what his line of visible sight is. Also, all his notes that he was taking on what he witnessed On the day of the offense, there was freezing rain. This warning was also posted on Environment Canada's weather site. What chances do I have by pleading Due Deligence. That is saying that I did not drive slowly or access caution due to weather conditions. I slowed down at the stop sign, which I did according to the officer. But as the roads were slippery and I was not driving slow enough, I was not able to stop and just continued on through the stop sign. The offense occurred at 9:50am. The night up to the morning there was freezing rain warning on the weather. However the roads were clean, can I still use this as a defence. Please advise
Will FULL DISCLOSURE not include information on where the officer was parked, and what his line of visible sight is. Also, all his notes that he was taking on what he witnessed
On the day of the offense, there was freezing rain. This warning was also posted on Environment Canada's weather site. What chances do I have by pleading Due Deligence. That is saying that I did not drive slowly or access caution due to weather conditions. I slowed down at the stop sign, which I did according to the officer. But as the roads were slippery and I was not driving slow enough, I was not able to stop and just continued on through the stop sign. The offense occurred at 9:50am. The night up to the morning there was freezing rain warning on the weather. However the roads were clean, can I still use this as a defence.
Possibly. While there are certain facts in issue that officers should try to include in their notes, everyone makes their notes differently and some will put in information that others will leave out. Again, possibly. It will depend on what the officer says, how you present your evidence and the JP hearing the matter. If the officer was there for an extended period of time and saw a dozen vehicles stop without difficult before and after you, it might be harder to say you were driving at an appropriate speed for the weather. You have a defence that you can present, but nobody can say for sure how successful you'll be.
rajasam78 wrote:
Will FULL DISCLOSURE not include information on where the officer was parked, and what his line of visible sight is. Also, all his notes that he was taking on what he witnessed
Possibly. While there are certain facts in issue that officers should try to include in their notes, everyone makes their notes differently and some will put in information that others will leave out.
rajasam78 wrote:
On the day of the offense, there was freezing rain. This warning was also posted on Environment Canada's weather site. What chances do I have by pleading Due Deligence. That is saying that I did not drive slowly or access caution due to weather conditions. I slowed down at the stop sign, which I did according to the officer. But as the roads were slippery and I was not driving slow enough, I was not able to stop and just continued on through the stop sign. The offense occurred at 9:50am. The night up to the morning there was freezing rain warning on the weather. However the roads were clean, can I still use this as a defence.
Please advise
Again, possibly. It will depend on what the officer says, how you present your evidence and the JP hearing the matter. If the officer was there for an extended period of time and saw a dozen vehicles stop without difficult before and after you, it might be harder to say you were driving at an appropriate speed for the weather. You have a defence that you can present, but nobody can say for sure how successful you'll be.
Officer's notes probably won't be that precise. He might've written down his approximate location, etc. However, his notes do not have to be extensive. In this instance, the officer's notes are about all you'll get for disclosure. A cautionary note: Please don't ask for things like "witness will-say statements" and "statements made by the defendant" etc in your disclosure request. In your case they won't exist and asking for them is not going to help you. Ask for the officer's notes, typed if not legible. That will likely be used against you. As Stanton says, if other vehicles were successfully stopping, then the weather cannot be used as a defence.
rajasam78 wrote:
Will FULL DISCLOSURE not include information on where the officer was parked, and what his line of visible sight is. Also, all his notes that he was taking on what he witnessed
Officer's notes probably won't be that precise. He might've written down his approximate location, etc. However, his notes do not have to be extensive. In this instance, the officer's notes are about all you'll get for disclosure. A cautionary note: Please don't ask for things like "witness will-say statements" and "statements made by the defendant" etc in your disclosure request. In your case they won't exist and asking for them is not going to help you. Ask for the officer's notes, typed if not legible.
rajasam78 wrote:
On the day of the offense, there was freezing rain. This warning was also posted on Environment Canada's weather site.
That will likely be used against you.
As Stanton says, if other vehicles were successfully stopping, then the weather cannot be used as a defence.
* 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
We can't help you prepare a "good defence case" until we know what the evidence is against you. You'll have to wait until you get disclosure. When you do get it, then post the information (editing out personal/officer details) on this thread and we can help you. Right now, trying to give you a defence strategy would not be a good idea. There may be quite a few defence angles that the officer may already have covered, or may not have.
We can't help you prepare a "good defence case" until we know what the evidence is against you. You'll have to wait until you get disclosure. When you do get it, then post the information (editing out personal/officer details) on this thread and we can help you. Right now, trying to give you a defence strategy would not be a good idea. There may be quite a few defence angles that the officer may already have covered, or may not have.
* 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
FULL DISCLOSURE Comments / Synopsis" "Conducting STEP enforcement in Daycare/School zone, noted the defendant operating his 2005 Honda Civic S/B on Activa Ave approaching a 3 way stop at Max Becker Dr in the City of Kitchener. The defendant slowed to approx 20 km and continued over clearly visible stop bar and sign combination and straight through the intersection. Defendant made statement that he was unaware of his actions, and was late for work after taking his daughter to a doctor's appointment. Defendant was polite, co-operative, and I was able to confirm his statement that he had a clean driving record" More detailed handwritten notes include: "Environment Canada - Overcast, Freezing Rain warning - Roads wet but clear" "2 elementary schools, day care, and park with mothers walking baby carriages across intersection, no vision obstruction, clear view of sight" My comments: Is there a defense that I can have against this. Can I argue about the speed, how does the officer know I was going 20 km/h. Also the officer was parked in a small plaza (Macs, daycare, pizza place). Does the officer need permission to park in this place as its private ?. Can I use a due diligence defense that I was not driving carefully for weather conditions. I should have been driving more slowly to allow for me to stop on time. Any help would be appreciated. I have my first attendance on Monday April 4. I would like to eliminate the 3 points against me.
FULL DISCLOSURE
Comments / Synopsis"
"Conducting STEP enforcement in Daycare/School zone, noted the defendant operating his 2005 Honda Civic S/B on Activa Ave approaching a 3 way stop at Max Becker Dr in the City of Kitchener. The defendant slowed to approx 20 km and continued over clearly visible stop bar and sign combination and straight through the intersection. Defendant made statement that he was unaware of his actions, and was late for work after taking his daughter to a doctor's appointment. Defendant was polite, co-operative, and I was able to confirm his statement that he had a clean driving record"
"2 elementary schools, day care, and park with mothers walking baby carriages across intersection, no vision obstruction, clear view of sight"
My comments:
Is there a defense that I can have against this. Can I argue about the speed, how does the officer know I was going 20 km/h. Also the officer was parked in a small plaza (Macs, daycare, pizza place). Does the officer need permission to park in this place as its private ?.
Can I use a due diligence defense that I was not driving carefully for weather conditions. I should have been driving more slowly to allow for me to stop on time.
Any help would be appreciated. I have my first attendance on Monday April 4. I would like to eliminate the 3 points against me.
What are you going to argue about this, it's just a guess and he doesn't need to prove what your speed was to prove the offence, he just has to prove that you were going more than zero km/hr. No. No.
rajasam78 wrote:
Can I argue about the speed, how does the officer know I was going 20 km/h.
What are you going to argue about this, it's just a guess and he doesn't need to prove what your speed was to prove the offence, he just has to prove that you were going more than zero km/hr.
rajasam78 wrote:
Also the officer was parked in a small plaza (Macs, daycare, pizza place). Does the officer need permission to park in this place as its private ?.
No.
rajasam78 wrote:
Can I use a due diligence defense that I was not driving carefully for weather conditions. I should have been driving more slowly to allow for me to stop on time.
You can use a due dilligence defence, IF it applies on the facts. However the fact that you weren't driving according to weather/road conditions (as you said in a previous post) does not make out a due dilligence defence, in fact that's the complete opposite. Due dilligence would be I WAS driving according to weather/road conditions.
You can use a due dilligence defence, IF it applies on the facts. However the fact that you weren't driving according to weather/road conditions (as you said in a previous post) does not make out a due dilligence defence, in fact that's the complete opposite. Due dilligence would be I WAS driving according to weather/road conditions.
The officer comments on environment canada's weather forcast about freezing rain. But he also says the roads were clear. Can I use a due diligence defence that I slowed down but could not stop due to the weather condition and just continued through. Is there any other defence I can use or is this the only one. Can you please help advise me.
The officer comments on environment canada's weather forcast about freezing rain. But he also says the roads were clear. Can I use a due diligence defence that I slowed down but could not stop due to the weather condition and just continued through.
Is there any other defence I can use or is this the only one.
There's no magical explanation that you can use in Court to simply be found not guilty. Radar Identified gave you a few possible scenarios that can explain the offence, but it sounds like by your admission you just simply failed to stop. There is no point trying to perjure yourself on the stand by making up a defence, nor will anyone on this forum assist you in doing so. If the weather truly was an issue, you can try explaining that to the Courts, but you're expected to adjust your driving for the conditions. A last resort option is to simply have the trial and see if the Crown can prove their case, but based on disclosure it sounds like they certainly can. One thing I've noticed is that you seem to very focused on the demerit points. Are you aware that insurance companies look at the offence, not demerit points? If you have a clean driving record for over 16 years, most insurance companies will overlook a minor offence with no rate increase, regardless of points.
There's no magical explanation that you can use in Court to simply be found not guilty. Radar Identified gave you a few possible scenarios that can explain the offence, but it sounds like by your admission you just simply failed to stop. There is no point trying to perjure yourself on the stand by making up a defence, nor will anyone on this forum assist you in doing so. If the weather truly was an issue, you can try explaining that to the Courts, but you're expected to adjust your driving for the conditions. A last resort option is to simply have the trial and see if the Crown can prove their case, but based on disclosure it sounds like they certainly can.
One thing I've noticed is that you seem to very focused on the demerit points. Are you aware that insurance companies look at the offence, not demerit points? If you have a clean driving record for over 16 years, most insurance companies will overlook a minor offence with no rate increase, regardless of points.
Further to that, the defence of due dilligence means you did everything reasonably possible to avoid committing the offence, which means you would have to establish that, even given the poor road/weather conditions, you did everything reasonable to moderate your driving while approaching the stop sign so that you would be able to stop. I think that no matter what you say you did to moderate your driving, the prosecutor is going to suggest that all you had to do to avoid failing to stop is go slower than you were going approaching the sign. This is why due dilligence is not very easy to prove, because it's tough to establish that you did EVERYTHING REASONABLE to avoid committing the offence. Also, as you can see, whether the defence will succeed is very fact specific, that is why no one here can give you any firm answers about whether it will work.
Further to that, the defence of due dilligence means you did everything reasonably possible to avoid committing the offence, which means you would have to establish that, even given the poor road/weather conditions, you did everything reasonable to moderate your driving while approaching the stop sign so that you would be able to stop. I think that no matter what you say you did to moderate your driving, the prosecutor is going to suggest that all you had to do to avoid failing to stop is go slower than you were going approaching the sign. This is why due dilligence is not very easy to prove, because it's tough to establish that you did EVERYTHING REASONABLE to avoid committing the offence.
Also, as you can see, whether the defence will succeed is very fact specific, that is why no one here can give you any firm answers about whether it will work.
Thanks for the advise. If proven guilty I will accept the charges, but I want to try to prepare a good case. A friend of mine received a speeding ticket a while back. The officer was parked in a private property. He brought this to the prosecutors attention, and it was found the officer did not have a permit or permission to park there. So he could not be charged. I was wondering if I could use a similar defense? as the officer was parked in a small commercial/shopping plaza.
Thanks for the advise. If proven guilty I will accept the charges, but I want to try to prepare a good case.
A friend of mine received a speeding ticket a while back. The officer was parked in a private property. He brought this to the prosecutors attention, and it was found the officer did not have a permit or permission to park there. So he could not be charged.
I was wondering if I could use a similar defense? as the officer was parked in a small commercial/shopping plaza.
I think there's more to your friends story than you were told, because that's just wrong. Police do NOT need permission to park on private property to conduct traffic enforcement for tickets to be valid. I'm sure the officers on here will agree with this.
I think there's more to your friends story than you were told, because that's just wrong. Police do NOT need permission to park on private property to conduct traffic enforcement for tickets to be valid. I'm sure the officers on here will agree with this.
100%. Not at all relevant to the charge, and your friend would not have had the ticket dropped for that reason. You can't be stopped for speeding ON private property under the HTA, but a police officer can setup on private property to catch people on the highway. Think about it, does the fact he observed you from a parking lot versus the road change any of the facts of the offence? Nope. If a police officer is setup on private property and the owner tells him to leave, he has to comply with the request, but it does not invalidate any enforcement.
Simon Borys wrote:
I'm sure the officers on here will agree with this.
100%. Not at all relevant to the charge, and your friend would not have had the ticket dropped for that reason. You can't be stopped for speeding ON private property under the HTA, but a police officer can setup on private property to catch people on the highway. Think about it, does the fact he observed you from a parking lot versus the road change any of the facts of the offence? Nope.
If a police officer is setup on private property and the owner tells him to leave, he has to comply with the request, but it does not invalidate any enforcement.
Thank you, that makes very good sense. The other thing is how does the officer know I didnt stop. From my opinion I slowed down to a stop but didnt wait for 3 seconds or more. I continued on after a second. Can I use this as an argument
Thank you, that makes very good sense.
The other thing is how does the officer know I didnt stop. From my opinion I slowed down to a stop but didnt wait for 3 seconds or more. I continued on after a second.
From what you've posted the officer isn't arguing how long you stopped for, simply that you didn't stop. But you are correct in that there is no set period of time you need to stop for. It can be for one second or one minute, although the latter will probably result in some angry drivers behind you. :)
rajasam78 wrote:
Thank you, that makes very good sense.
The other thing is how does the officer know I didnt stop. From my opinion I slowed down to a stop but didnt wait for 3 seconds or more. I continued on after a second.
Can I use this as an argument
From what you've posted the officer isn't arguing how long you stopped for, simply that you didn't stop. But you are correct in that there is no set period of time you need to stop for. It can be for one second or one minute, although the latter will probably result in some angry drivers behind you.
As Simon Borys indicated, due diligence is where you take reasonable precautions to prevent the offence. According to what you said earlier, you did NOT adjust your driving for the conditions. I read the officer's notes. He did not say the roads were clear. He said they were clear and wet, but acknowledged that there was a forecast of freezing rain. Just because the public weather forecast indicates that there is the possibility of freezing rain does not mean that the road will ice over, or even that those conditions were occurring at the time your offence occurred. I did a historical weather check and according to the observed weather at the Kitchener-Waterloo Airport, there was a brief period of freezing rain starting around 6AM that had changed over to rain by 7 AM local time that day, and continued to warm up (ie no more freezing rain). The officer observed your vehicle and did not note any sliding or skidding; he simply said you failed to stop. If you try the weather angle, unless you get a very sympathetic and pro-defendant JP, it will not work. I have a hard time believing your friend's claim. The Prosecutor would have had to either be poorly trained, and/or just plain mistaken, to drop a ticket for that reason. Police can set up on private property if they wish. The owner can tell them to leave, and typically they will not set up on a residential property without seeking permission first, but either way it doesn't matter. I've seen the "police were on private property" approach tried in court about a half-dozen times and it failed 100% of the time. I would not recommend trying it as a defence if it goes to trial. As far as stopping goes, the only requirement is for your vehicle to fully stop. There is no requirement to stop for three seconds; this is taught as a technique by some driving schools. The only legal requirement is for the vehicle to fully cease forward motion. If you are absolutely 100% certain that you did, in fact, stop, you can testify to that. If you are not 100% certain, then do not testify. Given the fact that you said you could not stop in earlier posts, I would also not recommend testifying that you stopped, because this would be perjury. If the officer shows up, I would suggest that you discuss your clean driving record with the Prosecutor, and seek to plea-bargain to a lesser offence. Since you were polite and cooperative with the officer during the traffic stop, I think there is a reasonable possibility that they will reduce the charge.
rajasam78 wrote:
The officer comments on environment canada's weather forcast about freezing rain. But he also says the roads were clear. Can I use a due diligence defence that I slowed down but could not stop due to the weather condition and just continued through.
As Simon Borys indicated, due diligence is where you take reasonable precautions to prevent the offence. According to what you said earlier, you did NOT adjust your driving for the conditions.
I read the officer's notes. He did not say the roads were clear. He said they were clear and wet, but acknowledged that there was a forecast of freezing rain. Just because the public weather forecast indicates that there is the possibility of freezing rain does not mean that the road will ice over, or even that those conditions were occurring at the time your offence occurred. I did a historical weather check and according to the observed weather at the Kitchener-Waterloo Airport, there was a brief period of freezing rain starting around 6AM that had changed over to rain by 7 AM local time that day, and continued to warm up (ie no more freezing rain). The officer observed your vehicle and did not note any sliding or skidding; he simply said you failed to stop. If you try the weather angle, unless you get a very sympathetic and pro-defendant JP, it will not work.
I have a hard time believing your friend's claim. The Prosecutor would have had to either be poorly trained, and/or just plain mistaken, to drop a ticket for that reason. Police can set up on private property if they wish. The owner can tell them to leave, and typically they will not set up on a residential property without seeking permission first, but either way it doesn't matter. I've seen the "police were on private property" approach tried in court about a half-dozen times and it failed 100% of the time. I would not recommend trying it as a defence if it goes to trial.
As far as stopping goes, the only requirement is for your vehicle to fully stop. There is no requirement to stop for three seconds; this is taught as a technique by some driving schools. The only legal requirement is for the vehicle to fully cease forward motion. If you are absolutely 100% certain that you did, in fact, stop, you can testify to that. If you are not 100% certain, then do not testify. Given the fact that you said you could not stop in earlier posts, I would also not recommend testifying that you stopped, because this would be perjury.
If the officer shows up, I would suggest that you discuss your clean driving record with the Prosecutor, and seek to plea-bargain to a lesser offence. Since you were polite and cooperative with the officer during the traffic stop, I think there is a reasonable possibility that they will reduce the charge.
* 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
"I would suggest that you discuss your clean driving record with the Prosecutor, and seek to plea-bargain to a lesser offence. Since you were polite and cooperative with the officer during the traffic stop, I think there is a reasonable possibility that they will reduce the charge" Can such an offence under this section be reduced ? I can reduce the number of points deducted. If so how best to present this to the prosecutor. Should I just come out flat and ask lets plea bargain. I have never been in this situation, any advise or help will be appreciated. I have my trial tomorrow morning
"I would suggest that you discuss your clean driving record with the Prosecutor, and seek to plea-bargain to a lesser offence. Since you were polite and cooperative with the officer during the traffic stop, I think there is a reasonable possibility that they will reduce the charge"
Can such an offence under this section be reduced ?
I can reduce the number of points deducted. If so how best to present this to the prosecutor. Should I just come out flat and ask lets plea bargain. I have never been in this situation, any advise or help will be appreciated.
First Attendance done. Plea bargain to a lesser offence of "did not obey sign" 2 points instead of 3 Fine amount decreased Did I do well ??? or could i have done better ??
First Attendance done.
Plea bargain to a lesser offence of "did not obey sign"
Given the circumstances, I think you did fine. You got a reduced fine and lower demerit points. Whether your insurance will be affected or not remains to be seen, but in some cases, they'll forgive one ticket per three-year period for things like: - Speeding 15 km/h or less over the limit - Disobey sign (what you pled guilty to) - Failure to lower high-beams - Green Light - Fail to Proceed as Directed Etc. They usually won't forgive a ticket for Disobey Stop Sign, even if it is your first offence.
Given the circumstances, I think you did fine. You got a reduced fine and lower demerit points. Whether your insurance will be affected or not remains to be seen, but in some cases, they'll forgive one ticket per three-year period for things like:
- Speeding 15 km/h or less over the limit
- Disobey sign (what you pled guilty to)
- Failure to lower high-beams
- Green Light - Fail to Proceed as Directed
Etc.
They usually won't forgive a ticket for Disobey Stop Sign, even if it is your first offence.
* 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
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I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
