Hi all, I've spent some time reading through the forums the last few months and have appreciated all of the information everyone has compiled. I was hoping someone could provide some insight to help in a regrettable situation. My situation arises from a number of incorrect however what I believe to be fairly reasonable assumptions - oh how I've learned over the past two years! In August of 2011 I was pulled over and issued a ticket for unnecessary noise and was also informed by the officer that I was driving under suspension. My suspension was due to an unpaid traffic ticket I had received the September previous. I hadn't paid the ticket because I was financially burdened at the time and incorrectly assumed it would just show up the next time I went to renew my plate stickers. Stupid, I know, but it was my first ticket ever and I wasn't clear on how things worked. I didn't receive any other notice that it was outstanding or that my license was suspended until I was pulled over. The officer issued me two summons for both the drive under suspension and unnecessary noise with a court date in Sept. 2011. He told me to sort out the suspension and bring in proof as well as a receipt from the service station I had JUST had my exhaust serviced at and that they would likely throw out the charges. Based on the advice I'd read on these forums, I attended the court date and attempted to approach the prosecutor (a lady) in attempts to explain my situation with documentation that I had immediately paid the ticket, and reinstatement fee, and that I had all of my ducks in a row, so to speak. I was hoping she would allow me to plea to a lesser charge at the least. The prosecutor refused to discuss anything with me and I was issued disclosure and told to return for a second appearance a few weeks later. I attempted to call the Crown Attorney's office in the weeks following a few times to request a meeting or conversation to come to resolution. None of my calls were returned. I attended my Second appearance and again attempted to approach the prosecutor who dismissed me again (it was a different attorney this time - a man). Another, third attorney was in attendance who was having the resolution discussions with his clients that I was seeking, so I asked him how to go about having that conversation. He explained that he wasn't sure how my attorney went about his business and that I'd have to call and find out. He also told me to request a charge screening form to see how the prosecutor intended to proceed. I was instructed to return for a third appearance to set a trial date. I requested the charge screening form and was set to return to court for my third date however due to a scheduling mix up, I missed the date. I called to the courthouse immediately after realizing (which was later that day) and the receptionist told me that the appearance was only to schedule a date and that it would have been done in my absence. I asked her when the date was and she said her file had not been updated yet, but to call back in a week or so to find out. A week went by and I called again to find out my court date - the receptionist told me again that it had not been input yet, but that I would be mailed a notice of the date in advance of my trial. I was relieved and didn't think much more of it, awaiting notification of the trial date. Earlier this week I received a notice from the MTO in the mail informing me that be license had been suspended again due to being convicted with driving under suspension on September 13th, 2012. I had missed my trial date because I wasn't informed of when it was - hindsight being 20/20, I should have called in the months following, but I was under the impression that I would be mailed the date based on the information provided by the receptionist at the courthouse - and since it had been so long since I'd heard anything, it wasn't at the forefront of my mind. I did a search on these forums and attended the courthouse this morning to request a reopening of my case since I was unable to defend myself at trial. The lady at the counter told me that it was my responsibility to know when the next action on my case was and suggested the only recourse I now have is to appeal the decision, since it was a Part III summons and the summons itself was notice of trial. So now I am wondering how to go about processing the appeal and whether or not it is even worth it at this point. I had really hoped to have an opportunity to explain my situation to the prosecutor thinking that a resolution would be likely. Now everything has proceeded in my absence and it seems I'm left without a license for the next 6 months (which is my only transportation to and from work), as well as a hefty fine and surely huge insurance increases. I have a couple questions about appealing based upon section 11B, if this is even grounds for appeal - in that my trial date was more than a full year after the offence (pulled over August 4th, 2011, convicted Sept 13, 2012). Will this fly? I also noticed an error with my name on the "Information" form enclosed in my disclosure. I have read that this "Information" form is essentially the listing of charges in a summons case, as opposed to the face of a ticket in a minor offence. They misspelled my first name twice on the form, and while they have corrected this for the first charge (unnec. noise), they have left it in error for the second charge (driving under suspension). Is this considered a fatal error? Would it now be forced since I was convicted? If I am not able to appeal to have the conviction overturned entirely, is there any recourse that would allow me to lessen the severity of the consequences at this point? While I can't exactly afford the fine and insurance increases, I am much more concerned about having a means of transportation for the next six months. No one else in my household drives as of yet. My fiance recently obtianed a G1 license (long overdue), however isn't scheduled for a G2 road test until March. Any advice would be appreciated at this point. I understand the missteps I've made in not diligently pursuing the information I required in the first place - trust me, lesson learned. Kind regards to all.
Hi all, I've spent some time reading through the forums the last few months and have appreciated all of the information everyone has compiled. I was hoping someone could provide some insight to help in a regrettable situation. My situation arises from a number of incorrect however what I believe to be fairly reasonable assumptions - oh how I've learned over the past two years!
In August of 2011 I was pulled over and issued a ticket for unnecessary noise and was also informed by the officer that I was driving under suspension. My suspension was due to an unpaid traffic ticket I had received the September previous. I hadn't paid the ticket because I was financially burdened at the time and incorrectly assumed it would just show up the next time I went to renew my plate stickers. Stupid, I know, but it was my first ticket ever and I wasn't clear on how things worked. I didn't receive any other notice that it was outstanding or that my license was suspended until I was pulled over. The officer issued me two summons for both the drive under suspension and unnecessary noise with a court date in Sept. 2011. He told me to sort out the suspension and bring in proof as well as a receipt from the service station I had JUST had my exhaust serviced at and that they would likely throw out the charges.
Based on the advice I'd read on these forums, I attended the court date and attempted to approach the prosecutor (a lady) in attempts to explain my situation with documentation that I had immediately paid the ticket, and reinstatement fee, and that I had all of my ducks in a row, so to speak. I was hoping she would allow me to plea to a lesser charge at the least. The prosecutor refused to discuss anything with me and I was issued disclosure and told to return for a second appearance a few weeks later. I attempted to call the Crown Attorney's office in the weeks following a few times to request a meeting or conversation to come to resolution. None of my calls were returned. I attended my Second appearance and again attempted to approach the prosecutor who dismissed me again (it was a different attorney this time - a man). Another, third attorney was in attendance who was having the resolution discussions with his clients that I was seeking, so I asked him how to go about having that conversation. He explained that he wasn't sure how my attorney went about his business and that I'd have to call and find out. He also told me to request a charge screening form to see how the prosecutor intended to proceed. I was instructed to return for a third appearance to set a trial date.
I requested the charge screening form and was set to return to court for my third date however due to a scheduling mix up, I missed the date. I called to the courthouse immediately after realizing (which was later that day) and the receptionist told me that the appearance was only to schedule a date and that it would have been done in my absence. I asked her when the date was and she said her file had not been updated yet, but to call back in a week or so to find out. A week went by and I called again to find out my court date - the receptionist told me again that it had not been input yet, but that I would be mailed a notice of the date in advance of my trial. I was relieved and didn't think much more of it, awaiting notification of the trial date.
Earlier this week I received a notice from the MTO in the mail informing me that be license had been suspended again due to being convicted with driving under suspension on September 13th, 2012. I had missed my trial date because I wasn't informed of when it was - hindsight being 20/20, I should have called in the months following, but I was under the impression that I would be mailed the date based on the information provided by the receptionist at the courthouse - and since it had been so long since I'd heard anything, it wasn't at the forefront of my mind. I did a search on these forums and attended the courthouse this morning to request a reopening of my case since I was unable to defend myself at trial. The lady at the counter told me that it was my responsibility to know when the next action on my case was and suggested the only recourse I now have is to appeal the decision, since it was a Part III summons and the summons itself was notice of trial.
So now I am wondering how to go about processing the appeal and whether or not it is even worth it at this point. I had really hoped to have an opportunity to explain my situation to the prosecutor thinking that a resolution would be likely. Now everything has proceeded in my absence and it seems I'm left without a license for the next 6 months (which is my only transportation to and from work), as well as a hefty fine and surely huge insurance increases.
I have a couple questions about appealing based upon section 11B, if this is even grounds for appeal - in that my trial date was more than a full year after the offence (pulled over August 4th, 2011, convicted Sept 13, 2012). Will this fly?
I also noticed an error with my name on the "Information" form enclosed in my disclosure. I have read that this "Information" form is essentially the listing of charges in a summons case, as opposed to the face of a ticket in a minor offence. They misspelled my first name twice on the form, and while they have corrected this for the first charge (unnec. noise), they have left it in error for the second charge (driving under suspension). Is this considered a fatal error? Would it now be forced since I was convicted?
If I am not able to appeal to have the conviction overturned entirely, is there any recourse that would allow me to lessen the severity of the consequences at this point? While I can't exactly afford the fine and insurance increases, I am much more concerned about having a means of transportation for the next six months. No one else in my household drives as of yet. My fiance recently obtianed a G1 license (long overdue), however isn't scheduled for a G2 road test until March.
Any advice would be appreciated at this point. I understand the missteps I've made in not diligently pursuing the information I required in the first place - trust me, lesson learned.
I've also noted that the officers name on the "Information" form is different than the name provided on my tickets as well as the notes/case files. Is this of any help at all? I.e. This is the information of Joe Blow of OPP, Police Officer. However, the rest of the documentation was from Sam Schmidt, the officer who pulled me over.
I've also noted that the officers name on the "Information" form is different than the name provided on my tickets as well as the notes/case files. Is this of any help at all? I.e. This is the information of Joe Blow of OPP, Police Officer. However, the rest of the documentation was from Sam Schmidt, the officer who pulled me over.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
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.