I recently got a ticket for failing to stop for a school bus. It happened on a 2-lane countryside road. I was heading south and the bus was going north. I didn't see the flashing light, and I didn't see the stop sign arm come out either. I was going about 55 - 60 km/h at the time in an 80 km/h zone, so no speeding was involved. Apparently there was a patrol car right behind me and the officer saw me do it and pulled me over within minutes. I had four passengers in the car who also said that they didn't see the bus and its lights/stop sign but it's my word against the police officer's so it probably doesn't help. I only have a G2 license because I'm from Europe and moved to Canada a couple years ago. They didn't let me exchange my EU license to a full Ontario license even though Canada is supposed to have signed a convention with all EU countries. I have had a completely clean driving record in Europe for 15 years and a clean record in Canada, too, ever since I got my G2 a bit over 2 years ago. I understand the seriousness of the incident and recognize that it's extremely important to stop for school buses when they are stopping. But the officer gave me a $490 ticket and 6 demerit points. It's not the money so much but the points that I'm concerned about. I don't want this to ruin my driving record and I don't want to get my license, which was so difficult to get in the first place, to be suspended because of this. It was my mistake, but no one got hurt and there was nothing else I did wrong - I wasn't speeding etc. So I want to fight this and have contacted a paralegal. Has anybody here had a similar case? What do you think are my chances? Also, I'm going to be moving out of Canada for a year very soon and wonder if I hire a person to represent me in court, do I still need to appear there myself or can the person representing me handle it completely without me? Thanks for your help and advice!
I recently got a ticket for failing to stop for a school bus. It happened on a 2-lane countryside road. I was heading south and the bus was going north. I didn't see the flashing light, and I didn't see the stop sign arm come out either. I was going about 55 - 60 km/h at the time in an 80 km/h zone, so no speeding was involved.
Apparently there was a patrol car right behind me and the officer saw me do it and pulled me over within minutes. I had four passengers in the car who also said that they didn't see the bus and its lights/stop sign but it's my word against the police officer's so it probably doesn't help.
I only have a G2 license because I'm from Europe and moved to Canada a couple years ago. They didn't let me exchange my EU license to a full Ontario license even though Canada is supposed to have signed a convention with all EU countries. I have had a completely clean driving record in Europe for 15 years and a clean record in Canada, too, ever since I got my G2 a bit over 2 years ago.
I understand the seriousness of the incident and recognize that it's extremely important to stop for school buses when they are stopping. But the officer gave me a $490 ticket and 6 demerit points. It's not the money so much but the points that I'm concerned about. I don't want this to ruin my driving record and I don't want to get my license, which was so difficult to get in the first place, to be suspended because of this. It was my mistake, but no one got hurt and there was nothing else I did wrong - I wasn't speeding etc. So I want to fight this and have contacted a paralegal.
Has anybody here had a similar case? What do you think are my chances? Also, I'm going to be moving out of Canada for a year very soon and wonder if I hire a person to represent me in court, do I still need to appear there myself or can the person representing me handle it completely without me?
You don't have to be there at all if you hire a paralegal. Your chances...depends on the evidence the officer is going to present. If he is going to say that the arm was out and the light was flashing...probably not good.
You don't have to be there at all if you hire a paralegal. Your chances...depends on the evidence the officer is going to present. If he is going to say that the arm was out and the light was flashing...probably not good.
With respect to Simon Borys, if you do not go to court or no evidence for your defence is provided at trial, chances are YOU WILL BE CONVICTED. The police officer is but just one witness and most likely, the bus driver will give evidence and I have not a single doubt their evidence will be that you failed to comply with s. 175(11) of the HTA. I believe that your presence or lack of it, will affect the perception of the court. Do all justices of the peace understand R. v. W.(D.)? If you or your witnesses do not plan to attend at your trial, it would be useless to hire a representative. Your chances of prevailing depend on many factors, one of which and perhaps the most important, the quality of you defence, that is if you are properly represented by an experienced paralegal/solicitor litigator. Review s. 175 carefully and particularly sub-section (11). Get disclosure and review it with an experienced paralegal/solicitor. You will have to prove that the bus driver did not comply with the HTA or that the bus' lights and/or stop sign were not visible, rather than you did not see them Cheers.
if I hire a person to represent me in court, do I still need to appear there myself or can the person representing me handle it completely without me?
You don't have to be there at all if you hire a paralegal. Your chances...depends on the evidence the officer is going to present. If he is going to say that the arm was out and the light was flashing...probably not good.
With respect to Simon Borys, if you do not go to court or no evidence for your defence is provided at trial, chances are YOU WILL BE CONVICTED. The police officer is but just one witness and most likely, the bus driver will give evidence and I have not a single doubt their evidence will be that you failed to comply with s. 175(11) of the HTA. I believe that your presence or lack of it, will affect the perception of the court. Do all justices of the peace understand R. v. W.(D.)?
If you or your witnesses do not plan to attend at your trial, it would be useless to hire a representative.
Your chances of prevailing depend on many factors, one of which and perhaps the most important, the quality of you defence, that is if you are properly represented by an experienced paralegal/solicitor litigator.
Review s. 175 carefully and particularly sub-section (11). Get disclosure and review it with an experienced paralegal/solicitor.
You will have to prove that the bus driver did not comply with the HTA or that the bus' lights and/or stop sign were not visible, rather than you did not see them
Not at all. The purpose of hiring a licenced representative to take the issue to trial is to ensure that the crown can prove their case beyond a reasonable doubt, not to "get the person off". The representative can ensure the crown does this with or without the defendant present. The defendant may want to appear to give evidence in their defence, but I wouldn't say this is a prerequisite to hiring a representative.
Biron wrote:
If you or your witnesses do not plan to attend at your trial, it would be useless to hire a representative.
Not at all. The purpose of hiring a licenced representative to take the issue to trial is to ensure that the crown can prove their case beyond a reasonable doubt, not to "get the person off". The representative can ensure the crown does this with or without the defendant present.
The defendant may want to appear to give evidence in their defence, but I wouldn't say this is a prerequisite to hiring a representative.
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…
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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.
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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.
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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.
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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.)
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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:
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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.
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Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
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I'm wondering if anyone could enlighten me on what to do about the following scenario:
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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.
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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
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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…
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