I was on my way home Wednesday March 24, 2010 coming from Burlington going to Hamilton on the QEW Niagara. I was pulled over at the bottom of the Skyway Bridge (in Hamilton) at around 11:50 pm. The OPP officer said I was going 160km/h in a 100km/h zone. I was driving my father's 1999 Ford Winstar and I have a G2 License. I am an 18 year old male currently in university and I work as a lifeguard, swim instructor and lifesaving instructor (teaching first aid and CPR). This is my third year of driving and my first ever roadside stop, and traffic offense. The officer did not show me the radar that I was going that speed (I know it doesn't mean much but I thought I'd add that anyways), The officer took my license and suspended it for seven (7) days and had my father's vehicle impounded for seven (7) days. I was given two (2) summons to court. For: Speeding over 50km/h and Stunt Racing. The officer stated that he had seen me speeding in Burlington prior to going on the skyway bridge and yet I was pulled over after getting off the bridge and my roadside stop was in Hamilton. Yet my summons to court is scheduled to be in Burlington. This I found to be very confusing... Yet he did say I was completely cooperative in the matter and was calm and respectful. (Will this help me at all?) I am most definitly considering legal counsel and representation from a paralegal (one of those X-copper guys). I am fully aware of the consequences that this brings. Does anyone have an idea of what will happen? This is my first traffic offense and there are two summons. What does that mean? Will one of them be dropped? Does anyone have any advice on the subject? Thank you for your time
I was on my way home Wednesday March 24, 2010 coming from Burlington going to Hamilton on the QEW Niagara. I was pulled over at the bottom of the Skyway Bridge (in Hamilton) at around 11:50 pm. The OPP officer said I was going 160km/h in a 100km/h zone.
I was driving my father's 1999 Ford Winstar and I have a G2 License. I am an 18 year old male currently in university and I work as a lifeguard, swim instructor and lifesaving instructor (teaching first aid and CPR). This is my third year of driving and my first ever roadside stop, and traffic offense.
The officer did not show me the radar that I was going that speed (I know it doesn't mean much but I thought I'd add that anyways), The officer took my license and suspended it for seven (7) days and had my father's vehicle impounded for seven (7) days. I was given two (2) summons to court. For: Speeding over 50km/h and Stunt Racing.
The officer stated that he had seen me speeding in Burlington prior to going on the skyway bridge and yet I was pulled over after getting off the bridge and my roadside stop was in Hamilton. Yet my summons to court is scheduled to be in Burlington. This I found to be very confusing... Yet he did say I was completely cooperative in the matter and was calm and respectful. (Will this help me at all?)
I am most definitly considering legal counsel and representation from a paralegal (one of those X-copper guys). I am fully aware of the consequences that this brings.
Does anyone have an idea of what will happen? This is my first traffic offense and there are two summons. What does that mean? Will one of them be dropped?
While the Raham decision was still being argued/decided, Officers wrote both speeding and stunt in case it was ruled unconstitutional. This way if it was decided unconstitutional (which it was not) then they could fall back on the speeding charge-otherwise you would walk off with nothing. Likely the speeding will be tossed since its part of the stunt charge. As far as where he stopped you it really doesn't matter. A lot of where your stopped has to do with Officer safety. No one wants to block a lane of traffic on a bridge at night. Speeding charges are tough to beat and damned near impossible with a seasoned Officer-depending on what he used to confirm your speed. Either way its a serious charge especially for a G2 driver like yourself. Another alternative is to try and plea. A great deal would be 49km/h over.
While the Raham decision was still being argued/decided, Officers wrote both speeding and stunt in case it was ruled unconstitutional. This way if it was decided unconstitutional (which it was not) then they could fall back on the speeding charge-otherwise you would walk off with nothing. Likely the speeding will be tossed since its part of the stunt charge.
As far as where he stopped you it really doesn't matter. A lot of where your stopped has to do with Officer safety. No one wants to block a lane of traffic on a bridge at night.
Speeding charges are tough to beat and damned near impossible with a seasoned Officer-depending on what he used to confirm your speed. Either way its a serious charge especially for a G2 driver like yourself. Another alternative is to try and plea. A great deal would be 49km/h over.
Speeding is difficult to beat. If they want an easy conviciton, they'll drop stunt and go for speeding 60 km/h over (s. 128). Depending on what the officer observed (disclosure will tell more), the stunt charge could be beaten without too much effort, now that the Ontario Court of Appeal has clarified exactly how strict liability will be applied to stunt driving where the charge is speeding 50 km/h over the limit. That would likely require the assistance of a legal professional (paralegal, lawyer). If you choose not to hire professional help, I'd agree with cruzmisl, go for the plea bargain. I'd still recommend a paralegal/lawyer for a case like this. The consequences of losing, or not getting a plea-bargain right, are very serious.
Speeding is difficult to beat. If they want an easy conviciton, they'll drop stunt and go for speeding 60 km/h over (s. 128). Depending on what the officer observed (disclosure will tell more), the stunt charge could be beaten without too much effort, now that the Ontario Court of Appeal has clarified exactly how strict liability will be applied to stunt driving where the charge is speeding 50 km/h over the limit. That would likely require the assistance of a legal professional (paralegal, lawyer).
If you choose not to hire professional help, I'd agree with cruzmisl, go for the plea bargain.
I'd still recommend a paralegal/lawyer for a case like this. The consequences of losing, or not getting a plea-bargain right, are very serious.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
i definitly am going to go for legal help and get a plea bargain if i can anyone know how much a paralegal would cost? my court date is May 18, 2010 and if i get the speeding charge instead of stunt driving how much of a fine am i looking at? if i explain to the judge that i am going through financial hardship and other reasons would that help in determining how much i have to pay out? i know this is definitly going to hurt me money wise
i definitly am going to go for legal help and get a plea bargain if i can
anyone know how much a paralegal would cost? my court date is May 18, 2010
and if i get the speeding charge instead of stunt driving how much of a fine am i looking at?
if i explain to the judge that i am going through financial hardship and other reasons would that help in determining how much i have to pay out?
i know this is definitly going to hurt me money wise
Paralegal... don't know what their rates are, they vary. There's a form to fill out at the bottom of the page for a no-obligation quote, if you'd like. Speeding 49 km/h over would be less than a $500 fine. I don't have my fine/surcharge table in front of me so I can't say for sure. No matter what, though, the Justice of the Peace can reduce your fine, even below the minimum, if you can show financial hardship and regret your actions, etc. Your paralegal/lawyer would be able to help with that. Some people convicted of stunt driving for speeding more than 50 km/h over the limit have paid as little as $45 in fines. You'd probably pay more, but it has gone that low. Keep the receipt for the tow/impound charges.
Paralegal... don't know what their rates are, they vary. There's a form to fill out at the bottom of the page for a no-obligation quote, if you'd like.
Speeding 49 km/h over would be less than a $500 fine. I don't have my fine/surcharge table in front of me so I can't say for sure.
No matter what, though, the Justice of the Peace can reduce your fine, even below the minimum, if you can show financial hardship and regret your actions, etc. Your paralegal/lawyer would be able to help with that. Some people convicted of stunt driving for speeding more than 50 km/h over the limit have paid as little as $45 in fines. You'd probably pay more, but it has gone that low. Keep the receipt for the tow/impound charges.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Pacing is a perfectly acceptable way for an officer to measure your speed, assuming the did it correctly. They need to have followed you for an (approximately) measured distance while maintaining a constant following distance and observing their own speedometer. If this is what the officer did then the fact that they didn't use a radar or laser to measure your speed is irrelevant.
Pacing is a perfectly acceptable way for an officer to measure your speed, assuming the did it correctly. They need to have followed you for an (approximately) measured distance while maintaining a constant following distance and observing their own speedometer. If this is what the officer did then the fact that they didn't use a radar or laser to measure your speed is irrelevant.
alright so i hired one of those xcoppers to go to court on my behalf and he asked for disclosure of evidence and the court date moved to June 22 what now?
alright so i hired one of those xcoppers to go to court on my behalf and he asked for disclosure of evidence and the court date moved to June 22
June 22 buys a bit of time, but my guess is that the disclosure will merely confirm that you're done for. :( At least you won't have to worry that you didn't take it seriously later?
June 22 buys a bit of time, but my guess is that the disclosure will merely confirm that you're done for.
At least you won't have to worry that you didn't take it seriously later?
It's easy to sit there and say you'd like to have more money. I think that's what I like about it. Just sitting there, rocking back and forth, wanting that money.
alright so i got my disclosure and i noticed an error in it. The police statements say they observed a silver van motor vehicle at a very high rate of speed. However i was driving a green vehicle its green and always has been green. The vehicle registration even says my vehicle is green. Will this help me at all?
alright so i got my disclosure and i noticed an error in it. The police statements say they observed a silver van motor vehicle at a very high rate of speed. However i was driving a green vehicle its green and always has been green. The vehicle registration even says my vehicle is green.
It might cast doubt on the accuracy of the officer's evidence, if you can suggest that it was not your vehicle he say. However if he says that he saw your vehicle, measured its speed, then stopped you without losing sight of the vehicle, the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things are always on a case by case basis.
It might cast doubt on the accuracy of the officer's evidence, if you can suggest that it was not your vehicle he say. However if he says that he saw your vehicle, measured its speed, then stopped you without losing sight of the vehicle, the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things are always on a case by case basis.
It should help to raise a reasonable doubt. The officer will most likely state that he/she paced your vehicle for a certain distance -let's say, maybe about 2 km. You could argue that if that distance is good enough for pacing, it should be good enough for the proper identification of the paced vehicle, which is an essential element of the offence. If identification fails, the offence has not been made and the charge should be dismissed. An important element for the charge is tracking history. Was tracking history based on a silver van? If so, the officer does not have one for yours, does he/she?. However, I think it will depend on the JP. Is June 22 'to be spoken to/to set a date' or for trial? What is your agent's (xcopper) opinion? Cheers. ... .. .
JayEmSee wrote:
alright so i got my disclosure and i noticed an error in it. The police statements say they observed a silver van motor vehicle at a very high rate of speed. However i was driving a green vehicle its green and always has been green. The vehicle registration even says my vehicle is green.
Will this help me at all?
It should help to raise a reasonable doubt.
The officer will most likely state that he/she paced your vehicle for a certain distance -let's say, maybe about 2 km.
You could argue that if that distance is good enough for pacing, it should be good enough for the proper identification of the paced vehicle, which is an essential element of the offence.
If identification fails, the offence has not been made and the charge should be dismissed.
An important element for the charge is tracking history. Was tracking history based on a silver van? If so, the officer does not have one for yours, does he/she?.
However,
Simon Borys wrote:
...the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things are always on a case by case basis.
I think it will depend on the JP.
Is June 22 'to be spoken to/to set a date' or for trial?
Hey guys :D long time no talk but here is what happened with my situation. Well my legal representation went to court for me in June/July and offered me a deal. The deal was they bring it down to 49km/h over and only 4 demerit points and a total fine of $423. So I didn't want to risk it at all so I took the deal. Altogether, getting my license back, my dad's car out of the impound lot, the fees to my paralegal and the actual fine everything came to a total of around $2,000. I have until November to pay the actual fine but its all done and taken care of. I borrowed money from my parents to pay it off and then I paid them back with my paychecks at work. So that's what happened to me. I guess I got the deal because it was my very first driving offense ever! On the good side I got my full G license in the summer, and had a fun filled vacation in Ottawa and New York City. My advice to you is "Don't F@#% up" Drive safe and if you're going to speed (which I highly recommend you don't), keep it under 50 over for sure!! As far as what to do if you're caught going 50 over, well I'm not sure. I guess I would say first of all start saving your money and sell anything that you don't need or don't use. You'll have to financially prepare for the worst. For me I sold a drum set that was just sitting in my closet to help me pay for everything and a couple guitars I had. Secondly, get a good paralegal or one of those xcopper guys. They really do help and I got my money's worth. It could have been worse. I could have ended up with 6 demerit points and a really huge fine. Thirdly, take it easy. It's not the end of the world. I remember freaking out so badly right after everything had happened but relax if you can find the money and save it and get a good paralegal you should be set and prepared for your court date which you may not even have to go to (because I sure didn't). Lastly, make sure the lesson you learned from all this sticks. Don't speed again! and who cares if everyone's passing you just focus on the road and watch your speed. I'm just glad everything's over and done with. Drive safe and watch your speed.
Hey guys long time no talk but here is what happened with my situation.
Well my legal representation went to court for me in June/July and offered me a deal. The deal was they bring it down to 49km/h over and only 4 demerit points and a total fine of $423. So I didn't want to risk it at all so I took the deal.
Altogether, getting my license back, my dad's car out of the impound lot, the fees to my paralegal and the actual fine everything came to a total of around $2,000. I have until November to pay the actual fine but its all done and taken care of. I borrowed money from my parents to pay it off and then I paid them back with my paychecks at work. So that's what happened to me.
I guess I got the deal because it was my very first driving offense ever! On the good side I got my full G license in the summer, and had a fun filled vacation in Ottawa and New York City.
My advice to you is "Don't F@#% up" Drive safe and if you're going to speed (which I highly recommend you don't), keep it under 50 over for sure!! As far as what to do if you're caught going 50 over, well I'm not sure. I guess I would say first of all start saving your money and sell anything that you don't need or don't use. You'll have to financially prepare for the worst. For me I sold a drum set that was just sitting in my closet to help me pay for everything and a couple guitars I had. Secondly, get a good paralegal or one of those xcopper guys. They really do help and I got my money's worth. It could have been worse. I could have ended up with 6 demerit points and a really huge fine. Thirdly, take it easy. It's not the end of the world. I remember freaking out so badly right after everything had happened but relax if you can find the money and save it and get a good paralegal you should be set and prepared for your court date which you may not even have to go to (because I sure didn't). Lastly, make sure the lesson you learned from all this sticks. Don't speed again! and who cares if everyone's passing you just focus on the road and watch your speed.
I'm just glad everything's over and done with. Drive safe and watch your speed.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
long time no talk but here is what happened with my situation.
