Hello everybody! This situation has been discussed before on this forum, however, I was unable to get a straight conclusion even after reading and researching similar cases. My boyfriend was pulled over on the Hanlon Highway in Guelph by the OPP. He was driving 133kph in the 80 zone, right before entering on the 401. His license got suspended for 7 days and his car was impounded for a week also. He got a court summons for two tickets: 1 was for speeding 50+ and the other ticket was for stunt driving. The cop told him that they rarely go after the stunt driving one, and he shouldn't be too worried about that, but not to take his word for it. He has a G2 and this is the first time he is pulled over for speeding. He wasn't trying to speed, the highway was empty and I guess he was sort of on auto-pilot, not realizing the speed he was going at. I know people will suggest hiring a lawyer/paralegal. We agree with that, however we were wondering if anybody recommends any particular firm to fight these kind of tickets, or at least reduce to 49 kph, just so this is not considered a stunt. We are also wondering if he should just plea guilty on the summons day with the prosecutor, or should he deny that he was speeding that fast/speeding at all? He already admitted to the cop that he was speeding, although he did not realize he was going 133 kph. Is there anything he could do to reduce the harsh consequences of this occurrence? Has anyone gone through a similar situation to this in Guelph to be able to share some information on the process and what should we be expecting? Any other advice from this would be really appreciated. Thank you so much! Curious15 :?
Hello everybody!
This situation has been discussed before on this forum, however, I was unable to get a straight conclusion even after reading and researching similar cases. My boyfriend was pulled over on the Hanlon Highway in Guelph by the OPP. He was driving 133kph in the 80 zone, right before entering on the 401. His license got suspended for 7 days and his car was impounded for a week also. He got a court summons for two tickets: 1 was for speeding 50+ and the other ticket was for stunt driving. The cop told him that they rarely go after the stunt driving one, and he shouldn't be too worried about that, but not to take his word for it. He has a G2 and this is the first time he is pulled over for speeding. He wasn't trying to speed, the highway was empty and I guess he was sort of on auto-pilot, not realizing the speed he was going at.
I know people will suggest hiring a lawyer/paralegal. We agree with that, however we were wondering if anybody recommends any particular firm to fight these kind of tickets, or at least reduce to 49 kph, just so this is not considered a stunt. We are also wondering if he should just plea guilty on the summons day with the prosecutor, or should he deny that he was speeding that fast/speeding at all? He already admitted to the cop that he was speeding, although he did not realize he was going 133 kph. Is there anything he could do to reduce the harsh consequences of this occurrence? Has anyone gone through a similar situation to this in Guelph to be able to share some information on the process and what should we be expecting?
Any other advice from this would be really appreciated.
Before going the paralegal route, why not attend Court on the first attendance date, receive your disclosure and see what type of deal the Crown is willing to offer. Plead not guilty to all charges for the time being as you can later change your plea if a deal is reached. Once you have your disclosure you can review the evidence, consult with a paralegal and see if they think they can get you a better deal (or even win the case). If at the end of the day the Crown is offering you the same deal as the paralegal, no point spending money on their services. No experience in Guelph, but wouldn't be surprised if they offer to drop the stunt driving in exchange for a plea to the speeding. 53 over is unfortunately still a major offence and will likely have significant insurance implications, but unless there's a weakness in the officer's case it's probably the best you can hope for.
Before going the paralegal route, why not attend Court on the first attendance date, receive your disclosure and see what type of deal the Crown is willing to offer. Plead not guilty to all charges for the time being as you can later change your plea if a deal is reached.
Once you have your disclosure you can review the evidence, consult with a paralegal and see if they think they can get you a better deal (or even win the case). If at the end of the day the Crown is offering you the same deal as the paralegal, no point spending money on their services.
No experience in Guelph, but wouldn't be surprised if they offer to drop the stunt driving in exchange for a plea to the speeding. 53 over is unfortunately still a major offence and will likely have significant insurance implications, but unless there's a weakness in the officer's case it's probably the best you can hope for.
Also keep in mind that +49, +53 or Stunt Driving all carry four or more demerit points; you will receive an automatic 30-day driver's license suspension on your novice class G2 license; it's part of the novice driver's escalation sanctions. It's in your best interest to book your G road test at the earliest availability and become fully licensed in order to avoid a DL suspension, if you're convicted. http://www.mto.gov.on.ca/english/dandv/ ... 10.2.shtml http://www.e-laws.gov.on.ca/html/regs/e ... K0[quote]9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance: (2) Subject to subsections (4) and 10 (5), the Registrar shall, (a) upon a novice drivers first conviction for any of the offences, suspend the drivers licence of the person for 30 days; (3) Subsection (1) applies with respect to any of the following offences: 3. An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded.[/quote]Demerit Point Table: http://www.e-laws.gov.on.ca/html/regs/e ... 0339_e.htm
Also keep in mind that +49, +53 or Stunt Driving all carry four or more demerit points; you will receive an automatic 30-day driver's license suspension on your novice class G2 license; it's part of the novice driver's escalation sanctions.
It's in your best interest to book your G road test at the earliest availability and become fully licensed in order to avoid a DL suspension, if you're convicted.
http://www.e-laws.gov.on.ca/html/regs/e ... K0[quote]9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:
(2) Subject to subsections (4) and 10 (5), the Registrar shall,
(a) upon a novice drivers first conviction for any of the offences, suspend the drivers licence of the person for 30 days;
(3) Subsection (1) applies with respect to any of the following offences:
3. An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded.[/quote]Demerit Point Table: http://www.e-laws.gov.on.ca/html/regs/e ... 0339_e.htm
Thank you for your reply, however since we don't want to make a mistake, or out of fear or not knowing what to say or saying something "wrong", we will probably hire a firm to fight it for us; even if it will be reduced to 49. If by any chance they will be able to reduce it to lower than 49, even 40-45, that would be better, but we don't know how that will happen. If it wouldn't be something as serious as this, we would probably just try to fight this ourselves, but we are a bit doubtful and worried about this whole process. I guess it does not matter that the highway had just turned from 90 into an 80 zone, right? :S
Stanton wrote:
Before going the paralegal route, why not attend Court on the first attendance date, receive your disclosure and see what type of deal the Crown is willing to offer. Plead not guilty to all charges for the time being as you can later change your plea if a deal is reached.
Once you have your disclosure you can review the evidence, consult with a paralegal and see if they think they can get you a better deal (or even win the case). If at the end of the day the Crown is offering you the same deal as the paralegal, no point spending money on their services.
No experience in Guelph, but wouldn't be surprised if they offer to drop the stunt driving in exchange for a plea to the speeding. 53 over is unfortunately still a major offence and will likely have significant insurance implications, but unless there's a weakness in the officer's case it's probably the best you can hope for.
Thank you for your reply, however since we don't want to make a mistake, or out of fear or not knowing what to say or saying something "wrong", we will probably hire a firm to fight it for us; even if it will be reduced to 49. If by any chance they will be able to reduce it to lower than 49, even 40-45, that would be better, but we don't know how that will happen. If it wouldn't be something as serious as this, we would probably just try to fight this ourselves, but we are a bit doubtful and worried about this whole process.
I guess it does not matter that the highway had just turned from 90 into an 80 zone, right? :S
Demerit Point Table: http://www.e-laws.gov.on.ca/html/regs/e ... 0339_e.htm[/quote] Thank you for the reply! When we contacted Traffic Defenders, they told us that this case may lead to a 30 day license suspension, and weren't very confident that they were able to avoid that. We then asked them if it is beneficial to get the G license right away, in order to avoid that, and they replied that it does not really matter, since at the time of the incident, my boyfriend had a G2 license. Is that true or could having a full license help him in this case? Also, I searched up demerit points, and for this kind of offence, he would receive 6 demerit points. So then I searched up the consequences for a novice driver with 6 demerit points and it says the following: Penalties for demerit points: new drivers You are considered a novice – or new – driver if you have a G1, G2, M1, M2, M1-L or M2-L licence. As a new driver, you face different consequences for adding demerit points. As a new driver, if you have: 2 to 5 points: You will be sent a warning letter. 6 to 8 points: Your licence could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your licence should not be suspended. You will get a letter to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended. https://www.ontario.ca/driving-and-road ... rit-points So, from my understanding, his license COULD and not WILL be suspended, unless he doesn't attend the meeting. I am not sure, hopefully this will get solved because if there was a lesson for him to learn, he sure did so! Thank you. :?
iFly55 wrote:
Also keep in mind that +49, +53 or Stunt Driving all carry four or more demerit points; you will receive an automatic 30-day driver's license suspension on your novice class G2 license; it's part of the novice driver's escalation sanctions.
It's in your best interest to book your G road test at the earliest availability and become fully licensed in order to avoid a DL suspension, if you're convicted.
http://www.e-laws.gov.on.ca/html/regs/e ... K0[quote]9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:
(2) Subject to subsections (4) and 10 (5), the Registrar shall,
(a) upon a novice drivers first conviction for any of the offences, suspend the drivers licence of the person for 30 days;
(3) Subsection (1) applies with respect to any of the following offences:
3. An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded.
When we contacted Traffic Defenders, they told us that this case may lead to a 30 day license suspension, and weren't very confident that they were able to avoid that. We then asked them if it is beneficial to get the G license right away, in order to avoid that, and they replied that it does not really matter, since at the time of the incident, my boyfriend had a G2 license. Is that true or could having a full license help him in this case?
Also, I searched up demerit points, and for this kind of offence, he would receive 6 demerit points. So then I searched up the consequences for a novice driver with 6 demerit points and it says the following:
Penalties for demerit points: new drivers
You are considered a novice – or new – driver if you have a G1, G2, M1, M2, M1-L or M2-L licence. As a new driver, you face different consequences for adding demerit points.
As a new driver, if you have:
2 to 5 points:
You will be sent a warning letter.
6 to 8 points:
Your licence could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your licence should not be suspended.
You will get a letter to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended.
So, from my understanding, his license COULD and not WILL be suspended, unless he doesn't attend the meeting. I am not sure, hopefully this will get solved because if there was a lesson for him to learn, he sure did so!
That is incorrect, if he gets an HTA conviction that carries +4 demerit points his license will get suspended. In my earlier post, I gave you two links: first was from the MTO, the second was the legislation that supports it. The situation you're discussing is if he has multiple HTA convictions that carry less than 4 demerit points. Example: 3 HTA Convictions that carry 3 points = 9 (suspended) 5 HTA Convictions that carry 2 points = 10 (suspended) 1 HTA Conviction that carries 4 demerit points = 4 points (suspended)
That is incorrect, if he gets an HTA conviction that carries +4 demerit points his license will get suspended. In my earlier post, I gave you two links: first was from the MTO, the second was the legislation that supports it.
The situation you're discussing is if he has multiple HTA convictions that carry less than 4 demerit points.
Example:
3 HTA Convictions that carry 3 points = 9 (suspended)
5 HTA Convictions that carry 2 points = 10 (suspended)
Alright, I understand. Will it make a difference if he gets his G license before the summons date on April 1?
iFly55 wrote:
That is incorrect, if he gets an HTA conviction that carries +4 demerit points his license will get suspended. In my earlier post, I gave you two links: first was from the MTO, the second was the legislation that supports it.
The situation you're discussing is if he has multiple HTA convictions that carry less than 4 demerit points.
Example:
3 HTA Convictions that carry 3 points = 9 (suspended)
5 HTA Convictions that carry 2 points = 10 (suspended)
Tired eyes, i meant to write this. It also looks better when you're trying to cut a deal. The suspension is based on the offence date and the class of license at the time. If the stop was on a G2, but you currently have a G... then the G gets suspended for 30-days.
iFly55 wrote:
It's in your best interest to book your G road test at the earliest availability and become fully licensed in order to avoid a [future] DL suspension, if you're convicted [again].
Tired eyes, i meant to write this. It also looks better when you're trying to cut a deal.
The suspension is based on the offence date and the class of license at the time. If the stop was on a G2, but you currently have a G... then the G gets suspended for 30-days.
Tired eyes, i meant to write this. It also looks better when you're trying to cut a deal. The suspension is based on the offence date and the class of license at the time. If the stop was on a G2, but you currently have a G... then the G gets suspended for 30-days. Okay, thank you. We will take into consideration everything said here, and will see what happens. :?
iFly55 wrote:
iFly55 wrote:
It's in your best interest to book your G road test at the earliest availability and become fully licensed in order to avoid a [future] DL suspension, if you're convicted [again].
Tired eyes, i meant to write this. It also looks better when you're trying to cut a deal.
The suspension is based on the offence date and the class of license at the time. If the stop was on a G2, but you currently have a G... then the G gets suspended for 30-days.
Okay, thank you. We will take into consideration everything said here, and will see what happens.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
