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Ontario Highway Traffic Act

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Please help!!!!!!!
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PostPosted: Fri Mar 31, 2017 5:40 pm 
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Joined: Fri Mar 31, 2017 5:30 pm
Posts: 4
Today I got a ticket for "fail to stop school bus - meeting"
It was pouring rain and fog, I honestly did not see it!!!
I got a $490 fine. Officer did not mention demerit points.
I have some questions.

1. since officer did not mention demerit points, does that mean I don't get any?
2. the weather was awful, if i take this to court will they take that into account?
3. I am a g2 driver!!!!!! what does this mean???
4. what does meeting mean?
5. I have no tickets or anything to my name. will they take this into account in court?
6. if i take this to court, are they likely going to reduce my fine or demerit points (if i have any, doesnt say on ticket)

please help


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Re: Please help!!!!!!!
PostPosted: Fri Mar 31, 2017 5:54 pm 
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also is my license going to be suspended for 30 days?????


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Re: Please help!!!!!!!
PostPosted: Fri Mar 31, 2017 7:25 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2099
Location: Ontario
1) Demerit points are applied by the Ministry upon conviction. Your offence carries 6 points.
2) Most likely not. You're expected to drive according to the conditions.
3) If you're convicted of any offence with 4+ demerit points, your licence will be suspended for 30 days.
4) Simply means you were approaching the from the opposite direction it was travelling.
5) You could possibly be offered a plea deal to a lesser offence but your charge is considered serious.
6) Fines can be reduced with cause, demerit points cannot. You'd need to work out plea deal to a lesser offence for less demerit points are be found not guilty.


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Re: Please help!!!!!!!
PostPosted: Fri Mar 31, 2017 8:58 pm 
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but if im convicted but they lessen the demerits to less than 3, i won't get my license suspended for a month, correct? thats what i just read


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Re: Please help!!!!!!!
PostPosted: Fri Mar 31, 2017 9:07 pm 
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If you're convicted of the offence as charged, they can't lessen the demerit points. The courts have no say in demerit points. They are administered by the MTO.


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Re: Please help!!!!!!!
PostPosted: Fri Mar 31, 2017 9:17 pm 
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Decatur wrote:
If you're convicted of the offence as charged, they can't lessen the demerit points. The courts have no say in demerit points. They are administered by the MTO.



i've had friends who have met with prosecutor for running stop sign. right away they went in and the prosecutor lessened the charge and demerit points. can't that happen to me as well?


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Re: Please help!!!!!!!
PostPosted: Fri Mar 31, 2017 10:08 pm 
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Only if it's lessened to a charge that doesn't have demerit points.


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Re: Please help!!!!!!!
PostPosted: Sat Apr 01, 2017 2:59 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Remember though they can only let you plea to a similar, related offence (you still have to be guilty of the lesser offence that you plea to). I'm not sure what lesser applicable offences there would in your case. Maybe someone else on the forum has some experience regarding your offence.


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Re: Please help!!!!!!!
PostPosted: Sat Apr 01, 2017 5:50 pm 
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The lesser offence that may be possible would be to plea guilty to the same offence but as the owner of the motor vehicle, if the OP is the owner. No demerit points but the same fine and it wouldn't affect insurance rates. If they offer this one I'd jump at it! The fines can actually be paid over time if you need it.


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Re: Please help!!!!!!!
PostPosted: Sun Apr 02, 2017 12:53 pm 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 478
All the advise is good,

I'm just adding that you DID NOT see a big yellow object ? and a school bus to boot.
What was the kind of conditions where you driving in? IN thick fog and snow I've never failed to see a school bus ever.
If the conditions where that bad, it's not even worth driving in it.
Was it stopped, no lights, where kids coming on or off the bus.
It usually has like a big yellow arm that comes out.

People do NOT pay attention, mess about with phones, and certainly dont drive to conditions of the road.

I might sound hard but I have a 6 year old and KIDS do NOT have the same mentality as adults, they will just bolt
or cross a road without looking, NO MATTER who is with them and how many times they are there.
Your lucky if what your saying is true a kid didnt bolt out in front of you are you didnt kill someone !

I guess, if I had read that, you saw it and at the last minute just drove past I could understand but to say
that I did not see it at all, IMHO is serious and you where involved in doing something which was distracting you
and unless you could not see more than the END of your bumper, I'm sorry but I don't believe what your saying.





driver2016 wrote:
Today I got a ticket for "fail to stop school bus - meeting"
It was pouring rain and fog, I honestly did not see it!!!
I got a $490 fine. Officer did not mention demerit points.
I have some questions.

1. since officer did not mention demerit points, does that mean I don't get any?
2. the weather was awful, if i take this to court will they take that into account?
3. I am a g2 driver!!!!!! what does this mean???
4. what does meeting mean?
5. I have no tickets or anything to my name. will they take this into account in court?
6. if i take this to court, are they likely going to reduce my fine or demerit points (if i have any, doesnt say on ticket)

please help

_________________
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: Please help!!!!!!!
PostPosted: Sun Apr 02, 2017 7:23 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Did the officer see you, or did you get the ticket in the mail or delivered to you after the fact? If you got it after the fact, then it might already be a OWNER instead of DRIVER charge.

I would still plead NOT GUILTY and request a trial with the officer present. When you get your notice of trial, you can then ask for disclosure (copy of officers notes and witness statements) and see what they say.

_________________
+++ This is not legal advice, only my opinion +++


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Re: Please help!!!!!!!
PostPosted: Mon Apr 03, 2017 11:36 am 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 349
Here in the Ottawa area this is one of the offences that they will NOT deal on. You either plead guilty or not and have a trial if you plead not guilty.

They will let the judge decide the fine and even then they just give time to pay.

OPS


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