R. ex rel. City of Toronto v. Doroz, 2011 ONCJ 281 http://www.canlii.org/en/on/oncj/doc/20 ... cj281.html On appeal, found that the court can give a suspended sentence on guilty plea entered for speeding charges, if the judge feels circumstances do not warrant imposition of set fine. Financial or personal hardship were mentioned as typical examples in the judgment.
R. ex rel. City of Toronto v. Doroz, 2011 ONCJ 281
On appeal, found that the court can give a suspended sentence on guilty plea entered for speeding charges, if the judge feels circumstances do not warrant imposition of set fine. Financial or personal hardship were mentioned as typical examples in the judgment.
Just had a quick read, kind of interesting. They don't think a suspended sentence should have been granted in this case, yet they don't feel the act itself is improper. I don't believe however that the decision is binding at that level of Court.
Just had a quick read, kind of interesting. They don't think a suspended sentence should have been granted in this case, yet they don't feel the act itself is improper. I don't believe however that the decision is binding at that level of Court.
At least the idea has made it to this level of court, and given the significant consideration apparently put into this ruling, doubtful it would be overturned if applied under the appropriate circumstances. Maybe the JP's/judges are also getting tired of the ever-increasing stream of legally-enabled nuisance tickets (no high risk of collision/injury) and deliberately intended "plead down" traffic cases paraded before them? History shows ya can't legislate common sense, which is much of what the latest Ont gov't seems intent on doing with its endless permutations and combinations of "safer roads" legislation. And of course, the enforcement community gladly takes any increased powers handed to them to the max. Are our roads actually "safer" with ridiculously low limits, unproven licensing restrictions/requirements, usurious insurance rates and excessively harsh penalties? Freakonomics said no, look to gas prices as obvious signal of economic correlations. Even gov't experts and industry observers question the glowing stats trotted out by politicos and enforcement PR dept's in support of still more traffic law. ------------------ http://www.gorskiconsulting.com/news.ph ... om=&ucat=1& As an example of how collision statistics can be misleading, the U.S. NHTSA has discussed the reduction of fatal collisions over the last number of years. They state: "In the past, similar significant declines in fatalities were seen during the early 1980s and the early 1990s. Both of these periods coincided with significant economic recessions in the United States. During both these times periods, fatalities in crashes involving younger driver (16 to 24) declined significantly as compared to drivers in the other, older age groups. Both of these periods of traffic fatality decline were followed by periods of increasing fatalities and the magnitude of the increase was the greatest in crashes involving the younger drivers. This trend was also observed in multiple-vehicle fatal crashes. However during each period of increase following a period of decline, the annual fatality counts did not rise back to the level they were at prior to the decline." So changes in collision statistics are also subject to economic changes in our society. If driving private passenger vehicles became too expensive for 90% of our population we would likely see an extremely large decline in collisions involving private vehicles. But can that say anything about the safety of our drivers, vehicles and roads? ----------------
At least the idea has made it to this level of court, and given the significant consideration apparently put into this ruling, doubtful it would be overturned if applied under the appropriate circumstances.
Maybe the JP's/judges are also getting tired of the ever-increasing stream of legally-enabled nuisance tickets (no high risk of collision/injury) and deliberately intended "plead down" traffic cases paraded before them? History shows ya can't legislate common sense, which is much of what the latest Ont gov't seems intent on doing with its endless permutations and combinations of "safer roads" legislation. And of course, the enforcement community gladly takes any increased powers handed to them to the max.
Are our roads actually "safer" with ridiculously low limits, unproven licensing restrictions/requirements, usurious insurance rates and excessively harsh penalties? Freakonomics said no, look to gas prices as obvious signal of economic correlations. Even gov't experts and industry observers question the glowing stats trotted out by politicos and enforcement PR dept's in support of still more traffic law.
As an example of how collision statistics can be misleading, the U.S. NHTSA has discussed the reduction of fatal collisions over the last number of years. They state:
"In the past, similar significant declines in fatalities were seen during the early 1980s and the early 1990s. Both of these periods coincided with significant economic recessions in the United States. During both these times periods, fatalities in crashes involving younger driver (16 to 24) declined significantly as compared to drivers in the other, older age groups. Both of these periods of traffic fatality decline were followed by periods of increasing fatalities and the magnitude of the increase was the greatest in crashes involving the younger drivers. This trend was also observed in multiple-vehicle fatal crashes. However during each period of increase following a period of decline, the annual fatality counts did not rise back to the level they were at prior to the decline."
So changes in collision statistics are also subject to economic changes in our society. If driving private passenger vehicles became too expensive for 90% of our population we would likely see an extremely large decline in collisions involving private vehicles. But can that say anything about the safety of our drivers, vehicles and roads?
It was a POA appeal, which is heard by a judge of the Ontario Court of Justice (Justice Libman in this case). As an appellate decision, it is should be binding on JPs who operate in traffic court.
Stanton wrote:
I don't believe however that the decision is binding at that level of Court.
It was a POA appeal, which is heard by a judge of the Ontario Court of Justice (Justice Libman in this case). As an appellate decision, it is should be binding on JPs who operate in traffic court.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.