I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated! EDIT: Sorry, for some reason it won't let me upload the file.
I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated!
EDIT: Sorry, for some reason it won't let me upload the file.
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Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.
Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.
The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581 Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law. Here is the link to all of chapter 903: http://www.toronto.ca/legdocs/municode/1184_903.pdf
The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581
Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law.
Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?
Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?
I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.
I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.
Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?
Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?
Hey Everybody, 6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?
Hey Everybody,
6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?
Did you plead not guilty and request a trial? Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
Did you plead not guilty and request a trial?
Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?
Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?
So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?
So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?
Once you get up in front of the JP you need to make sure that you clearly say: -how many requests you made -when you made them -and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense -you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again -and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you. If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application. So the answer to your question is MAYBE it will help in an 11b.
Once you get up in front of the JP you need to make sure that you clearly say:
-how many requests you made
-when you made them
-and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense
-you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again
-and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you.
If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application.
So the answer to your question is MAYBE it will help in an 11b.
So heres my case, does it have any validity? Im argueing that the officer did not have a justified view of where and if my car stopped or not, which it did.
This is the officers view of the stop sign i "disobeyed"
Another possible viewpoint, just so i can say that he cant see regardless
As you can see he cannot see the line where i must stop
As close are possible (which he wasnt) to the intersection,…
I need some help to settle a "Right of Way" argument. I know this question has probably been asked a thousand times before, but after doing a search, I was unable to find a posting on the forum, or the specific section in the OHTA relating to it.
Scenario:
Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound…
I was pulled over for doing 123 in an 80 zone on highway 7 near Peterborough. The officer reduced it to 109 in an 80. It was HIGHLY unlikely that I was going 109, let alone 123, so for the merit of it I am taking this to court. Court case mid January.
Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
Was pulled over earlier today for going 95km/h in posted 60km/h, 2nd offense (same cop that pulled me over the first time >.<) ticket of $265. going down dougall toward cabana where it goes from the 80 to 60 zone (yes was over slightly coming in and kept speed)
Just wondering what the best way to handle this? (location: windsor ontario)
I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one…
Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, simply, of speeding generally? I understand that if they prove a charge of even 61 km/h in a 60 km/h, they…
In a nutshell, in York Region, ran a stale yellow, cop was on a 407 off ramp and tickets me for red light. 2 week old pink slip, I forgot I put the new behind the expired one so I got a ticket for that as well.
Had the first court date adjourned because I did not receive disclosure. I used the Ticketcombat template and faxed it over, they told me I never left a phone number. No surprise there, I…
Was stopped in an OPP speed trap on eastbound QEW near Hamilton at 1:30 AM last week (Apr 25th). Officer said I was doing 131 km/h based on radar gun but I thought I was around 120 km/h (I let off the gas and looked at my speedo when I saw the 2 cars on the shoulder). It was a dark stretch and it was not busy but there were a few other cars on the highway. I asked to see the reading but they said…
1) Discovery info includes 3 pages of Genesis radar manual. Officer's notes show he used "Atlantic Laser" to measure speed. Didn't show model # (only s/n). The Genesis was used earlier on in the day, but not for my case. Can I grill him on this or is it simply a clerk's error in sending me the wrong manual?
I got a ticket for an expired licence sticker. The next day I went to the Ministry office to renew my sticker. I thought that I HAD to pay any outstanding tickets BEFORE I was eligible to renew my sticker. The lady at the desk informed me that I had an outstanding balance and 407 bill that I had a to pay and I told her that I was aware of that. I thought everything was cleared.
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
I was just wondering if there was any text in the HTA that suggests that when driving on a highway with three lanes going in each direction, drivers should generally always be in the rightmost lane unless they are passing.
At first, I thought 154(b) was what I was looking for, but now I'm not so sure?
"Officials in West Vancouver, Canada apparently aren't satisfied with the driver-slowing properties of traditional speed bumps. Yesterday, the town unveiled a new way to entice motorists to ease off the gas pedal in the vicinity of the ÃÂcole Pauline Johnson Elementary School: A 2-D image of a child playing, creating the illusion that…
Does anybody know how you can check the status of your Demerit Points and how many you have collected over the last two years?
I just received a ticket as I was travelling through Barrie and am debating whether or not to fight it. My decision will be based on whether or not an infraction I received a year ago came with Demerit Points.
I have a question I would like to ask concerning turning right on a red light.
I was approaching on the right turn only lane to the traffic light which turned from amber to red. As soon as the red light came on, there were advance green left turn arrow for the intersection I was for the cars that were traveling right to left and left to right of me. Since there was a lot of traffic from where I…
So I got pulled over for speeding and following too close, on HWY 11 north of Barrie. The airplane caught me! I will fight this as I have fought ALL my tickets and won EVERY ONE of them (one per year... man I need to drive slower). So any thoughts out there on how to fight this one? Does the Crown have to bring the 2 officers in the plane, plus the one in the cruises to court? If 1 in 3 doesn't…
I am new to this forum and before making this post I did some digging and was unable to find anything on this method of officer note taking.
A little back ground of my case:
charged with 25km/h over the posted limit.
After numerous disclosure requests, finally received a detailed disclosure including several pages of the lidar manual and typed officer notes describing the events of my…
My wife was just pulled over for running a yellow light and instead was ticketed for an expired drivers licence. The license expired on her birthdate 4 months ago and she didn;t recieve a renewal. $325 !!!!!!
Hope someone can help. She was ticketed under HTA 32 (1) with the offense shown as
"Drive Motor Vehicle no license"
Can anyone tell me if this is worth the effort to get a reduction in the…
So I got pulled over for supposedly for running a stop sign. The problem is that I did a complete stop, waited a split second and started again. And yes I did stop behind the white line.
He took my information and went back to his car to write me up a ticket, came back and gave me my fine and explained to me the process. He gave me a reduced fine (65$ and ne points).
Someone has an accident in a car worth very little on highway 401 but the car is not drivable (but not in terrible shape), there is a police report filed right away in which no other cars were involved, however the car did strike a guardrail. Is it possible to handle this without involving insurance? Or is a forgone conclusion insurance will be notified by the police?
I made a minor mistake on my disclosure request - I put a "Request Date" of September 10, 2014 instead of 2015. The rest of the form is correct including offense date, fax date, trial date.
Will this affect my disclosure? Do I need to clear it up?
Also, I noticed the Ticket Combat disclosure form has a lot more information than what was posted in on this site. Is it OK to send a second…