Hello. I got a question. On March 12th, 2016 I was out riding my Motorcycle in Brampton/Mississauga as the weather was calm, clear skies and 14-16 degrees outside. Unfortunately I ended up colliding with a VW SUV, when my light turned Green I started to move, and all of the sudden I collided with an SUV which failed to Yield and ignored her Red lights while making a Left hand turn from opposite lane. I was taken to hospital and as result have fractured scaphoid bone in my left hand and fractured 9th left rib. The driver of an SUV was charged with Section. 130 HTA "Careless Driving" and police report also included a POT#. I was not at fault and was charged with nothing. My motorcycle a 2013 Honda CBR250R ABS was written off by the insurance company as a total loss. Few day's ago I got a notice to the court regarding this accident and to go to court as Witness as the form read Witness Summon. Can someone explain the primary reason as to why I'm being called to court if the driver was already given a ticket since the report did include a POT#. Or am I missing something here? And in such case does it mean all the other people who gave witness statements to the police will also be called to court? And lastly can the driver attempt to get off easier or something? Thanks in advance.
Hello. I got a question. On March 12th, 2016 I was out riding my Motorcycle in Brampton/Mississauga as the weather was calm, clear skies and 14-16 degrees outside. Unfortunately I ended up colliding with a VW SUV, when my light turned Green I started to move, and all of the sudden I collided with an SUV which failed to Yield and ignored her Red lights while making a Left hand turn from opposite lane.
I was taken to hospital and as result have fractured scaphoid bone in my left hand and fractured 9th left rib. The driver of an SUV was charged with Section. 130 HTA "Careless Driving" and police report also included a POT#. I was not at fault and was charged with nothing.
My motorcycle a 2013 Honda CBR250R ABS was written off by the insurance company as a total loss. Few day's ago I got a notice to the court regarding this accident and to go to court as Witness as the form read Witness Summon.
Can someone explain the primary reason as to why I'm being called to court if the driver was already given a ticket since the report did include a POT#. Or am I missing something here? And in such case does it mean all the other people who gave witness statements to the police will also be called to court? And lastly can the driver attempt to get off easier or something?
A ticket is not a conviction. The person is only being charged. They can pay the ticket which is essentially admitting guilt, or they can still request a trial. In your case, they've requested a trial. An officer didn't witness the accident, so they are relying on certain relevant statements by some (not all) individuals. Technically, it's mandatory that you show up. If you don't show up, most likely the charge will be dropped and the other driver will walk away with their hands (somewhat) clean. That's what they're hoping for. I'd imagine if everyone involved was present, they'd most likely take a deal at that point. I doubt they'd go through with defending themselves against careless driving. Insurance is a completely different story. The other drivers insurance doesn't care if the charge is dropped. They've most likely found the driver at fault for insurance purposes and they will be charged with a chargeable accident. Each chargeable accident comes with a surcharge percentage (eg. 20% surcharge). However, they wont be charged with careless and they'll save the surcharge on that (most likely a 100% surcharge).
c1ph3r wrote:
Can someone explain the primary reason as to why I'm being called to court if the driver was already given a ticket since the report did include a POT#. Or am I missing something here? And in such case does it mean all the other people who gave witness statements to the police will also be called to court? And lastly can the driver attempt to get off easier or something
A ticket is not a conviction. The person is only being charged. They can pay the ticket which is essentially admitting guilt, or they can still request a trial. In your case, they've requested a trial. An officer didn't witness the accident, so they are relying on certain relevant statements by some (not all) individuals.
Technically, it's mandatory that you show up. If you don't show up, most likely the charge will be dropped and the other driver will walk away with their hands (somewhat) clean. That's what they're hoping for. I'd imagine if everyone involved was present, they'd most likely take a deal at that point. I doubt they'd go through with defending themselves against careless driving.
Insurance is a completely different story. The other drivers insurance doesn't care if the charge is dropped. They've most likely found the driver at fault for insurance purposes and they will be charged with a chargeable accident. Each chargeable accident comes with a surcharge percentage (eg. 20% surcharge). However, they wont be charged with careless and they'll save the surcharge on that (most likely a 100% surcharge).
The letter said I must attend, so I plan to testify as to what happened that day. This was on a busy intersection of Kennedy Rd & Derry Rd on Saturday at around 2:30pm, and I had quite a few people running to my aid. I also heard the driver saying she isn't guilty with many people yelling at her for running a Red light, because that's what it was. And SUV to my left started moving and so did I as my light turned Green, I'm not stupid as a Motorcycle rider to go truth a red light, since I hit anything or anything hits me it's a done deal, I will die. So I felt pretty pissed rolling around in pain from smashing into the car and smashing my man goods while the lady was saying "She did not do anything...", yeah right the car just happened to go by itself then. But from what you telling me, people charged with S. 130 HTA walk away without major slap on the wrist for being stupid enough to run a Red light and to hit another motorists. That's a shame, and by me being called to court this ignorant woman is going to try and say she did not do anything... Well this is pretty amazing, man this is unfair of the justice system. Afterall under the helmet is another human being who was obeying the law and driving responsibly, and just happened to be taken out by a non-responsible driver. I'm guessing the court will hear my testimony, testimony of witnesses/cop and then make its verdict as to what to do with her? And out of curiosity S.130 HTA is a ticket but not a ticket. I did some internet research and some say 6 points + fine and other lawyers say $400-$2000 + 1-2 year suspension, so which is the real deal>?
The letter said I must attend, so I plan to testify as to what happened that day. This was on a busy intersection of Kennedy Rd & Derry Rd on Saturday at around 2:30pm, and I had quite a few people running to my aid. I also heard the driver saying she isn't guilty with many people yelling at her for running a Red light, because that's what it was.
And SUV to my left started moving and so did I as my light turned Green, I'm not stupid as a Motorcycle rider to go truth a red light, since I hit anything or anything hits me it's a done deal, I will die. So I felt pretty pissed rolling around in pain from smashing into the car and smashing my man goods while the lady was saying "She did not do anything...", yeah right the car just happened to go by itself then.
But from what you telling me, people charged with S. 130 HTA walk away without major slap on the wrist for being stupid enough to run a Red light and to hit another motorists. That's a shame, and by me being called to court this ignorant woman is going to try and say she did not do anything... Well this is pretty amazing, man this is unfair of the justice system. Afterall under the helmet is another human being who was obeying the law and driving responsibly, and just happened to be taken out by a non-responsible driver.
I'm guessing the court will hear my testimony, testimony of witnesses/cop and then make its verdict as to what to do with her? And out of curiosity S.130 HTA is a ticket but not a ticket. I did some internet research and some say 6 points + fine and other lawyers say $400-$2000 + 1-2 year suspension, so which is the real deal>?
The officer did not witness the accident, but you did. Since the other person plead Not Guilty to the charge and asked for a trial, somebody that actually witnessed the accident must show up at the trial in order for them to be found guilty... that would be you.
The officer did not witness the accident, but you did. Since the other person plead Not Guilty to the charge and asked for a trial, somebody that actually witnessed the accident must show up at the trial in order for them to be found guilty... that would be you.
99% of the time, there is zero penalties for being charged. That's because they are being charged, not convicted. Being charged with Careless Driving is one of the worst charges you can face, so i'm not sure what more you're expecting from the officer issuing the ticket. I'm not sure how that makes the justice system unfair. In fact, it's the complete opposite. If convicted, it's a pretty big hit.
c1ph3r wrote:
But from what you telling me, people charged with S. 130 HTA walk away without major slap on the wrist for being stupid enough to run a Red light and to hit another motorists. That's a shame, and by me being called to court this ignorant woman is going to try and say she did not do anything... Well this is pretty amazing, man this is unfair of the justice system. Afterall under the helmet is another human being who was obeying the law and driving responsibly, and just happened to be taken out by a non-responsible driver.
99% of the time, there is zero penalties for being charged. That's because they are being charged, not convicted. Being charged with Careless Driving is one of the worst charges you can face, so i'm not sure what more you're expecting from the officer issuing the ticket.
I'm not sure how that makes the justice system unfair. In fact, it's the complete opposite. If convicted, it's a pretty big hit.
When you are charged with anything (careless driving, speeding, no dog tags for your dog, etc) you are innocent until proven guilty. Getting a ticket does not mean you are convicted yet. You must be found guilty first which is followed by a conviction and the consequences. Now you can just choose the GUILTY option on the back of the ticket and accept the consequences, or you can plead NOT GUILTY and request a trial. This is really about as fair a system as you can get, and this is exactly how the law is written and how it is to occur. This other person will be found 100% at fault by their insurance company for the accident, regardless of whether they are found guilty or not guilty of the charge. Insurance determination of who is at fault is completely independent of being charged/convicted of an offence. If they are found guilty of the charge, then they will have to face a huge increase in insurance (or being dropped by insurance completely), plus pay the fine, plus deal with demerits points on license, plus deal with possible suspension of license. If they are found NOT guilty of the charge, then they will still have to face a small increase in insurance for being at fault, but nothing else. So if you and the police officer show up at the trial, then they will most likely be found guilty.
c1ph3r wrote:
people charged with S. 130 HTA walk away without major slap
When you are charged with anything (careless driving, speeding, no dog tags for your dog, etc) you are innocent until proven guilty. Getting a ticket does not mean you are convicted yet. You must be found guilty first which is followed by a conviction and the consequences. Now you can just choose the GUILTY option on the back of the ticket and accept the consequences, or you can plead NOT GUILTY and request a trial. This is really about as fair a system as you can get, and this is exactly how the law is written and how it is to occur.
This other person will be found 100% at fault by their insurance company for the accident, regardless of whether they are found guilty or not guilty of the charge. Insurance determination of who is at fault is completely independent of being charged/convicted of an offence.
If they are found guilty of the charge, then they will have to face a huge increase in insurance (or being dropped by insurance completely), plus pay the fine, plus deal with demerits points on license, plus deal with possible suspension of license.
If they are found NOT guilty of the charge, then they will still have to face a small increase in insurance for being at fault, but nothing else.
So if you and the police officer show up at the trial, then they will most likely be found guilty.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…