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.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
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…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
"Ain't that the truth!"
