Hi, I got 3 summon tickets and have to go to court in September. I was driving on the country road and make a right turn, at that time, my car is close to the intersection. I braked and made a right turn, but the car scraped on the stop sign, which is located on the right side of the road. On my way, there is no stop sign. The car went to the grass, a guy helped toll my car on the road. We checked the engine, brake, lights, all fine and the car is driveable. What is damaged is just the plastic stuff in front of the left front light, and the left fender. No one got injured, stop sign post is not tilted. Then we left and tried to look for police station and car repair store. about 15 minutes or so, we got caught by the police. Police officer asked me several questions and gave me three summon tickets under HTA. One for Fail to call the police, one for Failing to remain at the scene of a collision, last for Careless driving. On the tickets, there is no points and no fine listed. I read the HTA, it looks not remain the scene is very serious, and may categorize to criminal record and go to jail. Is it possible for my case? Also, what's the difference between summon date and trial date? What should I do after I get summon tickets? In the court, will I meet prosecutor first? what should I explain to prosecutor? Thanks!
Hi, I got 3 summon tickets and have to go to court in September.
I was driving on the country road and make a right turn, at that time, my car is close to the intersection. I braked and made a right turn, but the car scraped on the stop sign, which is located on the right side of the road. On my way, there is no stop sign. The car went to the grass, a guy helped toll my car on the road. We checked the engine, brake, lights, all fine and the car is driveable. What is damaged is just the plastic stuff in front of the left front light, and the left fender. No one got injured, stop sign post is not tilted. Then we left and tried to look for police station and car repair store. about 15 minutes or so, we got caught by the police. Police officer asked me several questions and gave me three summon tickets under HTA. One for Fail to call the police, one for Failing to remain at the scene of a collision, last for Careless driving. On the tickets, there is no points and no fine listed.
I read the HTA, it looks not remain the scene is very serious, and may categorize to criminal record and go to jail. Is it possible for my case?
Also, what's the difference between summon date and trial date? What should I do after I get summon tickets?
In the court, will I meet prosecutor first? what should I explain to prosecutor?
You wont receive a criminal record for a Highway Traffic Act charge. While there is a criminal charge for failing to remain, youd have to be charged under the criminal code instead of the H.T.A. If all three of your charges are on Part III summons, then you werent charged criminally. Jail time is a possibility for some of your charges, but on a first time minor offence its extremely unlikely. Its also possible your licence may be suspended if convicted. The date on your summons will be for a first attendance to decide how you want to proceed. If you decide to go to trial, a new future date will be set. Questions about the Court process are pretty common. Take some time to read through the forums and youll probably get a good idea about the process.
You wont receive a criminal record for a Highway Traffic Act charge. While there is a criminal charge for failing to remain, youd have to be charged under the criminal code instead of the H.T.A. If all three of your charges are on Part III summons, then you werent charged criminally.
Jail time is a possibility for some of your charges, but on a first time minor offence its extremely unlikely. Its also possible your licence may be suspended if convicted.
The date on your summons will be for a first attendance to decide how you want to proceed. If you decide to go to trial, a new future date will be set. Questions about the Court process are pretty common. Take some time to read through the forums and youll probably get a good idea about the process.
The officer gave you "summons" because the fines for these offences are over 500 dollars each. The tickets each have a fine of a thousand dollars, failing to report has 3 demerit points, Failing to remain has 6 demerit points, and Careless Driving has 6 demerit points. You ARE NOT at risk of going to jail for this. If any of these ticket go on your driving record your insurance will increase dramatically, over 100%. The insurance implications alone make this a case where you should consider getting some expert advice before you appear in court, as you need to get these dropped. The charges are wide sweeping, but they are not really the proper charges for a single motor vehicle accident. As well how does the officer prove the charges other than by your statement?? Sounds like there are no witnesses, and no damage to the highway property. The fail to report accident charge, the law says that the accident has to have damage "apparently over 1000 dollars" to be guilty of this charge. Also you have a reasonable time to try to contact the police, and certainly 15mins is reasonable. Fail to Remain, you have to 1. stop at the scene of the accident, 2. Render assistance to anyone who is hurt, and 3. Give you name and address to anyone else involved in the accident. Sounds to me like you did all of those, so maybe your not guilty of Fail to Remain. Careless driving, sounds more to me like a "Turn not in Safety", or "leave roadway not in safety" charge to me. Which is 100 fine and 2 demerit points.
The officer gave you "summons" because the fines for these offences are over 500 dollars each.
The tickets each have a fine of a thousand dollars, failing to report has 3 demerit points, Failing to remain has 6 demerit points, and Careless Driving has 6 demerit points. You ARE NOT at risk of going to jail for this.
If any of these ticket go on your driving record your insurance will increase dramatically, over 100%.
The insurance implications alone make this a case where you should consider getting some expert advice before you appear in court, as you need to get these dropped. The charges are wide sweeping, but they are not really the proper charges for a single motor vehicle accident. As well how does the officer prove the charges other than by your statement?? Sounds like there are no witnesses, and no damage to the highway property.
The fail to report accident charge, the law says that the accident has to have damage "apparently over 1000 dollars" to be guilty of this charge. Also you have a reasonable time to try to contact the police, and certainly 15mins is reasonable.
Fail to Remain, you have to 1. stop at the scene of the accident, 2. Render assistance to anyone who is hurt, and 3. Give you name and address to anyone else involved in the accident. Sounds to me like you did all of those, so maybe your not guilty of Fail to Remain.
Careless driving, sounds more to me like a "Turn not in Safety", or "leave roadway not in safety" charge to me. Which is 100 fine and 2 demerit points.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
Thanks, Mr. Conway. I really appreciate your explanation. I searched the HTA, there is no item called "leave roadway not in safety". some people post on the BBS saying HTA142(1) is the thing. but it is "Signal for left or right turn". not "leave roadway not in safety". Can you tell me what is this "leave roadway not in safety" offense? Under which HTA? Thanks again.
Thanks, Mr. Conway. I really appreciate your explanation.
I searched the HTA, there is no item called "leave roadway not in safety". some people post on the BBS saying HTA142(1) is the thing. but it is "Signal for left or right turn". not "leave roadway not in safety".
Can you tell me what is this "leave roadway not in safety" offense? Under which HTA?
The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety
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…