my friend hit a pedestrian slightly when he tried to make a right turn when the green light was on. He was given a summon with careless driving and was asked to go to court. After we requested the disclosure and the interpreter, the court sent him an Offer of Resolve which said if he agree to plea guilty, they will change the charge from careless driving HTA 130) to Turn Not In Safty (HTA 142(1)). Does He better accept the offer? or does he have the chance to fight for this case? Thanks!
my friend hit a pedestrian slightly when he tried to make a right turn when the green light was on. He was given a summon with careless driving and was asked to go to court.
After we requested the disclosure and the interpreter, the court sent him an Offer of Resolve which said if he agree to plea guilty, they will change the charge from careless driving HTA 130) to Turn Not In Safty (HTA 142(1)).
Does He better accept the offer? or does he have the chance to fight for this case?
Insurance providers group all offenses into three categories. A conviction will either fall into the minor, major, or serious table. All offenses in a category will receive the same surcharge percentage. Example: Minor (0-5%), Major (15%), Serious (100%). In terms of insurance, it's best not to judge an offense on how it sounds on its own, but rather who it's grouped together with since they'll be treated equally. All turning offenses fall into the minor category. These I'd consider your every day type of tickets. Signaling offenses, seatbelt, stopping, speeding (less than 50 over), etc. If you've ever received any of these type of tickets before, you'd know what to expect. Your average driver is probably unaware that Careless Driving falls under the serious category. It's considered the worst of the worst. Speeding (50 over), racing, impaired, failure to remain, no insurance, driving while suspended, etc. With a serious offense, there's no guarantee that your provider will continue to insure you unless they also offer some form of high risk insurance. If not, you'll be searching for one or you'll be stuck looking into facility insurance. At this point, lots of people also find they either can't afford to drive or it's not worth paying to drive. The difference between these two offenses are pretty huge. This is what many here would call a "take it and run" offer.
Insurance providers group all offenses into three categories. A conviction will either fall into the minor, major, or serious table. All offenses in a category will receive the same surcharge percentage.
Example: Minor (0-5%), Major (15%), Serious (100%).
In terms of insurance, it's best not to judge an offense on how it sounds on its own, but rather who it's grouped together with since they'll be treated equally.
All turning offenses fall into the minor category. These I'd consider your every day type of tickets. Signaling offenses, seatbelt, stopping, speeding (less than 50 over), etc. If you've ever received any of these type of tickets before, you'd know what to expect.
Your average driver is probably unaware that Careless Driving falls under the serious category. It's considered the worst of the worst. Speeding (50 over), racing, impaired, failure to remain, no insurance, driving while suspended, etc.
With a serious offense, there's no guarantee that your provider will continue to insure you unless they also offer some form of high risk insurance. If not, you'll be searching for one or you'll be stuck looking into facility insurance. At this point, lots of people also find they either can't afford to drive or it's not worth paying to drive.
The difference between these two offenses are pretty huge. This is what many here would call a "take it and run" offer.
I had an accident when made a right turn in front of the crosswalk and my car might slightly hit a pedestrian. I received a summon from the police and charged the careless driving. before the trial date, I asked for the disclosure and the interperator, after that I received an email from the prosecutor with an offer to degrade my charge from 'careless driving' to 'turn not safety (2 demerit points and $200 fine if I plea guilty). On the trial I said I plea guilty and I summarized what happen on that day. I said I saw the pedestrian and took the break. My car was stopped in front of the pedestrian. I am not sure whether there is contact between my car and the pedestrian and from my view it might not, but the pedestrian fell. After my statement, the prosecutor was angry and she said she change her mind and she is not accepting my plea guilty. Then I was inform I need to go to court in Sep. Anyone have similar experience? What can I prepare for the court? Do I still have the chance to flight for the careless driving charge? Thank you for your input in advance!
I had an accident when made a right turn in front of the crosswalk and my car might slightly hit a pedestrian. I received a summon from the police and charged the careless driving.
before the trial date, I asked for the disclosure and the interperator, after that I received an email from the prosecutor with an offer to degrade my charge from 'careless driving' to 'turn not safety (2 demerit points and $200 fine if I plea guilty).
On the trial I said I plea guilty and I summarized what happen on that day. I said I saw the pedestrian and took the break. My car was stopped in front of the pedestrian. I am not sure whether there is contact between my car and the pedestrian and from my view it might not, but the pedestrian fell.
After my statement, the prosecutor was angry and she said she change her mind and she is not accepting my plea guilty. Then I was inform I need to go to court in Sep.
Anyone have similar experience? What can I prepare for the court? Do I still have the chance to flight for the careless driving charge?
bad news. I lost the offer. The prosecutor said she changed her mind and I have to go to court. So to someone who wants to plea guilty, just say yes you agree to plea guilty, and understand the consequence. DO NOT SAY ANYTHING ELSE, speaking too much will let you get trouble.
bad news. I lost the offer. The prosecutor said she changed her mind and I have to go to court.
So to someone who wants to plea guilty, just say yes you agree to plea guilty, and understand the consequence. DO NOT SAY ANYTHING ELSE, speaking too much will let you get trouble.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
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So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
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My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
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i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
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Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
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