I need to know in details since when (would like a link or exact info) police can't charge with 6 demerit points based on school bus driver's report?
Tx. ![]()
School Bus Driver's Report and 6 demerit points
I need to know in details since when (would like a link or exact info) police can't charge with 6 demerit points based on school bus driver's report?
Tx. ![]()
Re: School Bus Driver's Report and 6 demerit points
Section 175 of the Highway Traffic Act dealing with offences against school buses:
http://www.ontariohighwaytrafficact.com/topic40.html
Unless the school bus driver identified the offending driver, the charge is laid against the vehicle's owner. Here is the demerit points table:
http://www.ontariohighwaytrafficact.com ... points.php
Police can only charge under subsections 11 and 12 if the driver is identified. Those carry demerit points. If not, subsections 19 and 20 are used, which do not carry demerit points. Same idea as photo radar and red light cameras: Owner is charged, but it does not go on the driver record (therefore no demerit points).
Re: School Bus Driver's Report and 6 demerit points
Radar Identified
how many year is this (this law) in effect????
Re: School Bus Driver's Report and 6 demerit points
A school bus driver's report is no different than any other witness or complainant making a report to the police that someone committed a crime which leads to their being charged.
A statement may be enough for a charge, but not necessarily a conviction. If the charge is challenged both parties must give evidence in court and the judge then weighs the testimony and all the evidence before him and determines if there is reasonable doubt or not.
Re: School Bus Driver's Report and 6 demerit points
Lady wrote:
how many year is this (this law) in effect
Since 2004.
Prior to that, the driver had to be positively identified for any charge to be laid. Now, if the driver can't be identified, a ticket is still sent to the vehicle's owner - if they get the licence plate.
Re: School Bus Driver's Report and 6 demerit points
thank you ... and wish me good luck ... I'v got a ticket for $490.00 + 6 demerit points based on school bus driver's report (who did not identified the driver or type of the car). My question is: since when police can issue a ticket using third party report without giving any demerit points. By the way I have a perfect 23 years driving record.
I'm going to court to fight this as I'm positive I did not pass the school bus.
I went to talk to the prosecutor, and now as I understand that was a mistake because she will try to correct the ticket. With 6 demerit points I had a chance to have it "squashed", without its bus driver's word against mine.
Re: School Bus Driver's Report and 6 demerit points
The police have no discretion over the points. That is an administrative function of the MTO. The police just issue the ticket and if you are convicted, the MTO will assign you the points. Neither the judge nor the crown has anything to do with points either.
Re: School Bus Driver's Report and 6 demerit points
Now I'm confused ....
1. Police officer told me that I am charged with $$$ +6 demerit points.
2. Prosecutor said to me that, as it was the third party who reported on this traffic offence, demerit points will not apply just the $$$.
3. you're saying that MTO is doing it (I'm assuming) after (if) I loose the case.
So who's right????
Re: School Bus Driver's Report and 6 demerit points
There are two different charges.
One is for the owner of a vehicle that is identified passing a school bus(bus driver's report) . In this one the driver is not identified so the owner gets the fine. This carries the same monetary fine but no demerit points
The second is for the driver when they are stopped passing a school bus.( such as a police traffic stop) This fine is for the driver and this one has the fine And demerit pts. The demerit points are applied by the MTO upon conviction. If you plead to this or are convicted of this offense the JP, or crown has no leeway to drop the pts.
OPS Copper
Re: School Bus Driver's Report and 6 demerit points
Correct. The distinction is the 2 different offences.
Re: School Bus Driver's Report and 6 demerit points
OK ... so I'm back to where I was. Policeman charged me (as if he was present) and not the vehicle. And to make matters funnier.. I was at work a 1/2 hour away at the time of the offence.. but have nothing and no one to prove that.
There is one guy who stars work before me, but when I approached him the very same day I've got the ticket (which was 3.5 weeks after the alleged offence), he said simply that he could not remember his own whereabouts that far in the past. May be if police acted faster I might have a chance with this coworker and could have a witness.
I am innocent so I'm working on a plan to question both guys, the bus driver and the policeman.
For some reason my package included a lot of information, including that of bus drivers name, address, phone number, occupation, birth date and his driver license number. I'm positive that was clerk's mistake to include that in my package. This can't be a standard eh?
Any tips?
Re: School Bus Driver's Report and 6 demerit points
for those to assist you, identify what you were charged with:
a) Fail to stop for school bus HTA 175 (11) or (12)
b) Fail to stop for school bus - owner, HTA 175 (19) or (20)
Re: School Bus Driver's Report and 6 demerit points
a) Fail to stop for school bus HTA 175 (12)
Re: School Bus Driver's Report and 6 demerit points
hi all, still waiting for your view on my situation?
Re: School Bus Driver's Report and 6 demerit points
Lady wrote:
hi all, still waiting for your view on my situation?
sec (11) OR (12)
Looks like they need a witness.
Cheers
Viper1
Re: School Bus Driver's Report and 6 demerit points
They not only need a witness, they need a witness to identify the driver for 175 (12). This does carry 6 demerit points. It is possible that the wrong charge was issued. Unless the school bus driver could provide a good description of you, enough to identify you, they should've used the part where you'd be charged as the vehicle owner.
Did you get disclosure of the evidence against you? This should have the officer's notes and info from the bus driver, basically telling you whether or not the bus driver had a good enough look at your vehicle (allegedly) to identify you as the driver. To get a conviction, the school bus driver has to give clear evidence about the offence, and identifying you. However, it is likely that the Prosecutor will review the case and amend the charge so that you are charged as the owner. In that case, the bus driver only has to give evidence about the offence and the vehicle - not the driver. Either way, the school bus driver has to be present and testify.
Re: School Bus Driver's Report and 6 demerit points
I did get copies of all the paperwork including copy of school bus drivers report. In his words, it was gold type vehicle but he did not see a driver, just the plates. My car is golden type but as I said before I was in the office at the time of the offence.
And what about my earlier question?
"For some reason my package included a lot of information, including that of bus drivers name, address, phone number, occupation, birth date and his driver license number. I'm positive that was clerk's mistake to include that in my package. This can't be a standard eh?" ![]()
Re: School Bus Driver's Report and 6 demerit points
I'm going to court this Friday, I will appreciate if anyone could answer these question …
1. Police officer besides charging me with the wrong subsection (demerit points) in his report constantly misspelled my first name; can I use that anyway?
2. Should personal information of the bus driver be in package which Ive got from the prosecutor?
3. Only info bus driver has which links me to this, is the license plates and colour of my car.
Re: School Bus Driver's Report and 6 demerit points
Id like to let you know that I had my chance in the court this morning. ![]()
I was out of the court faster than I expected. Police officer who charged me with 175 (12) was present. As was the school bus driver. Lady Prosecutor talked to a Police officer for a few minutes at which point he left (Im assuming she told him about wrong charge against me)
. As there was not enough information to incriminate me and I plead not guilty they discharged my case. ![]()
Thanks you for links you provide here to websites which I found very helpful. I learned a lot from them and was ready for a fight this morning. I had series of questions for both the police officer and bus driver, had few reports like weather and Ontario Association of Optometrist (the bus driver is almost 50, so I was going to ask him about his vision). Had tons of pictures of licence plates similar to mine, Google provided me with different options and time it takes to get from place where offence took place and my workplace
Couple of days ago I thought about security company in my office and so Ive emailed them asking if they keep track of the time people swipe into their floors. And although they did not reply to me before my court appearance but I just got a phone call from them which put a smile on my face. According to them I was in the office at the time of the alleged offence. Im sharing this with you because if I thought about it earlier and had this info when I went to see prosecutor than she would throw the charge out at the spot and it would spare me a lot of tension ![]()
Re: School Bus Driver's Report and 6 demerit points
Lady,
How did you receive your ticket? e.g. by mail? Also, how long after the date of the alleged incident did you get the ticket?
Thanks.
Re: School Bus Driver's Report and 6 demerit points
Police officer met me in person at my workplace 3.5 weeks after alleged offence ...
Re: School Bus Driver's Report and 6 demerit points
Hi..today morning i was driving side by side with school bus for 3 intersections on low speed. He stopped using his light and stop arm sign which I could not recognize because I was beside him on his left side in 2 ln just 2 lanes road so,I passed without stopping . He came after me and asked why I did not stop? i answered sorry sir we were side by side and I could not see your sign when you slowed down .Then I think he was writing my plate number while we were talking. Does the driver have camera ? does his report give me dermit points? . by the way , I live in Mississauga Ontario, Canada
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.
The public school parking was the…
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.
Fight Your Traffic Ticket site suggests to be…
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
becau…
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…
Date: 2009, April 5th, 11:16pm
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.
The cop made a u-turn, pulled me over…
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…
Consider a common winter occurrence:
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…
Got this ticket on March 6.
Location: Waterloo (King St North)
Offence: Pedestrian Fail to use Crosswalk
Contrary to: Highway Traffic Act, Sect. 144 (22)
Set fine: $35.00, total payable $50.00
I have a drivers license and I showed it to him, so it's recorded on the ticket.
I already chose to contest, I have an early resolution meeting notice for June 17.
I wasn't actually at a crosswalk, I was about…
Hi all,
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…
Hi,
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 .…
Hi,
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…
Hi,
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…
Hi there everyone,
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…