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.
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…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
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…
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…
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.
He checked with the court last month and they said that they will call when disclosure…
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…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
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.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…