Hi, I was driving in the right hand lane which eventually became a right turn lane. When I realized I was in the right turn lane, I tried to change to the left hand lane since I did not recognize the street where the road was turning to. Since it was rush hour, there was a long line of cars on the left hand lane so I patiently waited putting my signal on until someone let me in. As I was waiting, I made sure there was no car behind me trying to turn right. well, the police officer was sitting in an unmarked car on the street (where the right turn lane leads to) and stopped me as soon as I made the lane change and gave me the ticket. I tried to explain I was from the county and not familiar with the area enough to make that turn. What chances do I have in terms of (reduced fine or points) if I choose option #2 and plead guilty? What are my best arguements? how should I proceed? any advice is much appreciated.
Hi,
I was driving in the right hand lane which eventually became a right turn lane. When I realized I was in the right turn lane, I tried to change to the left hand lane since I did not recognize the street where the road was turning to. Since it was rush hour, there was a long line of cars on the left hand lane so I patiently waited putting my signal on until someone let me in. As I was waiting, I made sure there was no car behind me trying to turn right.
well, the police officer was sitting in an unmarked car on the street (where the right turn lane leads to) and stopped me as soon as I made the lane change and gave me the ticket. I tried to explain I was from the county and not familiar with the area enough to make that turn.
What chances do I have in terms of (reduced fine or points) if I choose option #2 and plead guilty? What are my best arguements? how should I proceed? any advice is much appreciated.
How far along had you actually driven in the lane and how close were you to the intersection when you changed lanes? I'm not sure how the section actually reads, but in my mind you only would have committed the offence if you had carried straight through the intersection from the right turn lane. As for option 2, the Justice of the Peace will frequently reduce a fine if you plead guilty, but it depends on the JP, the jurisdiction and the circumstances surrounding the offence. Demerit points on the other hand can't be avoided since the Courts have no control over them. The only way to avoid demerit points is to be found not guilty, or make a deal with the Crown to plead out to a different offence that carries none. You may want to choose option 3 and request a first attendance meeting with the Crown. See if they're willing to offer you any deals if you're planning to plead guilty.
How far along had you actually driven in the lane and how close were you to the intersection when you changed lanes? I'm not sure how the section actually reads, but in my mind you only would have committed the offence if you had carried straight through the intersection from the right turn lane.
As for option 2, the Justice of the Peace will frequently reduce a fine if you plead guilty, but it depends on the JP, the jurisdiction and the circumstances surrounding the offence. Demerit points on the other hand can't be avoided since the Courts have no control over them. The only way to avoid demerit points is to be found not guilty, or make a deal with the Crown to plead out to a different offence that carries none. You may want to choose option 3 and request a first attendance meeting with the Crown. See if they're willing to offer you any deals if you're planning to plead guilty.
Thanks for your reply. I stopped to signal about 50 meters from the intersection, slowly inching my way to change lanes and then I changed lanes 25-30 meters BEFORE the intersection. There is no way I could have driven straight through the intersection since the lane I was in ends at the intersection and turns right. what steps do I have to follow if I choose option #3? Will it require many trips in person to the court? I'm confused about what you said, "See if they're willing to offer you any deals if you're planning to plead guilty." From what I understood, if I choose option 3, I thought I was pleading not guilty to the offence? Will they still make me plead guilty to a lesser offence in order to reduce the points?
Thanks for your reply. I stopped to signal about 50 meters from the intersection, slowly inching my way to change lanes and then I changed lanes 25-30 meters BEFORE the intersection. There is no way I could have driven straight through the intersection since the lane I was in ends at the intersection and turns right.
what steps do I have to follow if I choose option #3? Will it require many trips in person to the court? I'm confused about what you said, "See if they're willing to offer you any deals if you're planning to plead guilty." From what I understood, if I choose option 3, I thought I was pleading not guilty to the offence? Will they still make me plead guilty to a lesser offence in order to reduce the points?
Yes, option 3 would be a plea of not guilty. You can always change your plea to guilty later at a later time though, you don't have to go to trial. When you pick option 3, you can either request or will be offered what's called a first attendance meeting. This is an opportunity to sit down with the Crown and see if you can work out any kind of deal. Sometimes they will offer you a reduced charge and/or fine on the condition you plead guilty. The Crown and/or Justice of the Peace cannot do anything about demerit points once you're found/plead guilty to an offence that carries them. The only way to avoid them is if you're offered a plea to a different offence that doesn't carry them. The whole process could involve 2-3 trips to Court depending on what jurisdiction you're in.
Yes, option 3 would be a plea of not guilty. You can always change your plea to guilty later at a later time though, you don't have to go to trial. When you pick option 3, you can either request or will be offered what's called a first attendance meeting. This is an opportunity to sit down with the Crown and see if you can work out any kind of deal. Sometimes they will offer you a reduced charge and/or fine on the condition you plead guilty. The Crown and/or Justice of the Peace cannot do anything about demerit points once you're found/plead guilty to an offence that carries them. The only way to avoid them is if you're offered a plea to a different offence that doesn't carry them. The whole process could involve 2-3 trips to Court depending on what jurisdiction you're in.
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…