Recently, a friend was charged with fail to yield entering a roundabout. The one charged had damage on the front driver corner, and the other vehicle in the rear passenger corner panel. The vehicle with rear damage wasn't able to drive due to tire damage. both vehicles limped off the roadway and parked off to the side until the responding police force was able to attend. The officer that arrived about 2.5 hours later never went out to the3 lane roundabout to see if there was any damage, vehicle parts or signs to corroborate one version of the story or the other. One vehicle, with rear damage, had 2 adults in it, both of whose wrote their statements while side by side in their secondary vehicle that arrived on scene, while the one driving the car with frontal damage wrote their statement in their car. 2 questions. Is there an obligation for statements to be written independently? Also, should the officer not have gone out to look at the scene. When he laid the charge of failing to yield, he said in his professional opinion it was the right charge for the circumstances followed by a statement that he's unsure how many demerit points, if any, the charge carries. I know it's 3, but in the professional opinion of the officer this wasn't known? Is it worth disputing the ticket.
Recently, a friend was charged with fail to yield entering a roundabout. The one charged had damage on the front driver corner, and the other vehicle in the rear passenger corner panel. The vehicle with rear damage wasn't able to drive due to tire damage. both vehicles limped off the roadway and parked off to the side until the responding police force was able to attend.
The officer that arrived about 2.5 hours later never went out to the3 lane roundabout to see if there was any damage, vehicle parts or signs to corroborate one version of the story or the other. One vehicle, with rear damage, had 2 adults in it, both of whose wrote their statements while side by side in their secondary vehicle that arrived on scene, while the one driving the car with frontal damage wrote their statement in their car.
2 questions. Is there an obligation for statements to be written independently? Also, should the officer not have gone out to look at the scene. When he laid the charge of failing to yield, he said in his professional opinion it was the right charge for the circumstances followed by a statement that he's unsure how many demerit points, if any, the charge carries. I know it's 3, but in the professional opinion of the officer this wasn't known?
Always worth disputing every ticket in my opinion. Plead not guilty and request a trial. Once you get notice of trial, request copy of officer notes and a copy of all witness statements and any will-say statements. The officer is not required to know how many demerits a charge carries... that is the MTO's job to decide that. Not sure about the statements. Although at trial you could question them both about making them the same.
Always worth disputing every ticket in my opinion. Plead not guilty and request a trial. Once you get notice of trial, request copy of officer notes and a copy of all witness statements and any will-say statements.
The officer is not required to know how many demerits a charge carries... that is the MTO's job to decide that.
Not sure about the statements. Although at trial you could question them both about making them the same.
To answer your first question, the obligation is on the witness not to lie while giving a statement. Could the officer have had separated them? I guess, but it's a fender bender where one driver had the right of way and the other didn't. It's not a crime scene investigation. As to the second question, it's a roundabout. I'd imagine whatever happened was pretty straight forward. One driver had the right of way and the other didn't. The driver entering the roundabout has a responsibility to do so safely. Based on the damage and statements, the officer came to a conclusion. Demerit points have nothing to do with the officer. They just lay the charge. Demerit points are given out by the MTO as a penalty system. It's irrelevant to the officer. They just lay the appropriate charge. Whatever happens after that is out of their hands. Whether or not you want to dispute the ticket is up to you. A conviction is a conviction whether there's demerit points or not. The MTO cares about your points, your insurance provider does not.
To answer your first question, the obligation is on the witness not to lie while giving a statement. Could the officer have had separated them? I guess, but it's a fender bender where one driver had the right of way and the other didn't. It's not a crime scene investigation.
As to the second question, it's a roundabout. I'd imagine whatever happened was pretty straight forward. One driver had the right of way and the other didn't. The driver entering the roundabout has a responsibility to do so safely. Based on the damage and statements, the officer came to a conclusion. Demerit points have nothing to do with the officer. They just lay the charge. Demerit points are given out by the MTO as a penalty system. It's irrelevant to the officer. They just lay the appropriate charge. Whatever happens after that is out of their hands.
Whether or not you want to dispute the ticket is up to you. A conviction is a conviction whether there's demerit points or not. The MTO cares about your points, your insurance provider does not.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
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…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
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.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
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I will be going to trial for my red light camera offence.
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1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.