Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension. The reason why I was driving was because my friend who was supposed to be driving my car was unable to due to working a 12hr midnight shift the night before. He began driving and was falling asleep at the wheel about 3 hours into our trip. I felt that it was unsafe for him to continue and took over with the intentions of finding a safe place to pull over and park the vehicle for a few hours so that he could rest up and continue driving. What I am wondering is can I argue the reason for being stopped was not sufficient enough since their was no speeding ticket issued and I was not commiting any other traffic infractions ? Or is suspicion enough to pull me over based on my checking the rear view mirror too frequently ? Also, can I argue that I was put in a position of peril by my friend, which forced me to make the decision to drive for fear of my own safety ?
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
The reason why I was driving was because my friend who was supposed to be driving my car was unable to due to working a 12hr midnight shift the night before. He began driving and was falling asleep at the wheel about 3 hours into our trip. I felt that it was unsafe for him to continue and took over with the intentions of finding a safe place to pull over and park the vehicle for a few hours so that he could rest up and continue driving.
What I am wondering is can I argue the reason for being stopped was not sufficient enough since their was no speeding ticket issued and I was not commiting any other traffic infractions ? Or is suspicion enough to pull me over based on my checking the rear view mirror too frequently ?
Also, can I argue that I was put in a position of peril by my friend, which forced me to make the decision to drive for fear of my own safety ?
This might be treated as strict liability, so as long as you can establish that any reasonable person would have done what you were doing, you should be able to get off (as long as you score a JP who understands the concept). Read into ticketcombat.com as it's a great resource to help you learn about the process.
This might be treated as strict liability, so as long as you can establish that any reasonable person would have done what you were doing, you should be able to get off (as long as you score a JP who understands the concept). Read into ticketcombat.com as it's a great resource to help you learn about the process.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Police don't a reason to stop you. Under the HTA they can stop you to check if your license and other paper work is valid. Request Trial, Request Disclosure, read TC's site and wait to see what turns up.
Police don't a reason to stop you. Under the HTA they can stop you to check if your license and other paper work is valid.
Request Trial, Request Disclosure, read TC's site and wait to see what turns up.
They're not particularly bad, but it's a crapshoot. If you present a good due diligence defense, you should be home free as long as you come across a reasonable JP. I've mostly had experiences with good ones, but it's a purely political appointment with minimal training. One JP (I'm pretty sure it was in Sudbury) was retiring, so his secretary got his job. I also had one who convicted me even though the ticket was invalid, so the paralegal I was dealing with was forced to appeal the conviction.
They're not particularly bad, but it's a crapshoot. If you present a good due diligence defense, you should be home free as long as you come across a reasonable JP. I've mostly had experiences with good ones, but it's a purely political appointment with minimal training. One JP (I'm pretty sure it was in Sudbury) was retiring, so his secretary got his job. I also had one who convicted me even though the ticket was invalid, so the paralegal I was dealing with was forced to appeal the conviction.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Is ticket combat .com the best place to learn about strict liabilty ? From what I have researched so far I don't know how this will help me....it appears to hurt my argument.
Is ticket combat .com the best place to learn about strict liabilty ? From what I have researched so far I don't know how this will help me....it appears to hurt my argument.
I really think it applies in your case: Your friend was operating the vehicle. The operator of the vehicle had a condition which made him a hazard. You just took over to get to the rest stop where you could safely pull over while the driver dealt with his condition. If that's not due diligence, I don't know what is. In case of an Absolute Liability offence, the general practice is "you did it, you're guilty." Technically you couldn't exceed the speed limit to save your life as it's an absolute liability offence.
I really think it applies in your case:
This is the defence of due diligence and it is one of the most potent weapons in your arsenal.
To argue due diligence, you must show that you took all reasonable care to avoid committing the offence.
Your friend was operating the vehicle. The operator of the vehicle had a condition which made him a hazard. You just took over to get to the rest stop where you could safely pull over while the driver dealt with his condition. If that's not due diligence, I don't know what is.
In case of an Absolute Liability offence, the general practice is "you did it, you're guilty." Technically you couldn't exceed the speed limit to save your life as it's an absolute liability offence.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Pulling to the shoulder (where the persons "alledgedly changed positions) and stay there. If an emergency still stay on the shoulder and use a cellphone to call for help. No phone, this was on a large hwy, start waving at people, put hood up and 4 ways on....calls come in instantly all the time. Knowingly driving while under suspension :shock: :shock: further the insurance is now instantly VOIDED
FiReSTaRT wrote:
Your friend was operating the vehicle. The operator of the vehicle had a condition which made him a hazard. You just took over to get to the rest stop where you could safely pull over while the driver dealt with his condition. If that's not due diligence, I don't know what is..
Pulling to the shoulder (where the persons "alledgedly changed positions) and stay there. If an emergency still stay on the shoulder and use a cellphone to call for help. No phone, this was on a large hwy, start waving at people, put hood up and 4 ways on....calls come in instantly all the time.
Knowingly driving while under suspension further the insurance is now instantly VOIDED
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
hwybear makes a good point. Something I had not considered at the time. I'm wondering if it seems reasonable that those options did not cross my mind at the time ?
hwybear makes a good point. Something I had not considered at the time. I'm wondering if it seems reasonable that those options did not cross my mind at the time ?
Just wanted to clarify... in the other thread you mentioned you were charged with Drive Disqualified. Was it the Criminal Code charge Drive Disqualified or HTA Drive while Suspended? If it's Criminal Code... get professional legal help ASAP!
Just wanted to clarify... in the other thread you mentioned you were charged with Drive Disqualified. Was it the Criminal Code charge Drive Disqualified or HTA Drive while Suspended?
If it's Criminal Code... get professional legal help ASAP!
Ya, it's the criminal one. I sort of misunderstood the difference at first. I've learnt a few things in the past few days. I've already started inquiring into assistance already.
Ya, it's the criminal one. I sort of misunderstood the difference at first. I've learnt a few things in the past few days. I've already started inquiring into assistance already.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
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…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
"Ain't that the truth!"
