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, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
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…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…