Let me start by saying I did park the car for those 9 years. Last night, first time out in 9 years I took it for a short test drive (5 km). And promptly got pulled over by a sharp eyed officer who noticed that the cover on my license plate had gone hazy. I had proper up to date insurance, but was in the process of getting a new validation sticker (got it this morning in fact). She said instead of just getting a regular ticket for expired plates, she gave something called a "summons to defendant" and that I face a fine of up to $5000 and that they could back charge me for 9 years worth of validation and that I would have to explain myself in front of a judge of why I was driving a car with such old expired plates.. I kept my mouth shut, said I had made a mistake but she was incorrect I had not driven that car in 9 years. It was in storage. I'm confused here. 1) It's not my car. It's not registered in my name. It's my wifes. Why would I get tagged for 9 years worth of registration or this 5k fine when it's not my car. 2) How do you prove a negative? I hadn't driven the damn car in 9 years. It only has 140,000km on it and it's 15 years old. How do I shift the burden of proof to the crown? It's seems unfair they're making such a case out of a small error in judgement. And last, should I or do I need a lawyer? Can I go to jail for this? Any help is appreciated.
Let me start by saying I did park the car for those 9 years. Last night, first time out in 9 years I took it for a short test drive (5 km). And promptly got pulled over by a sharp eyed officer who noticed that the cover on my license plate had gone hazy. I had proper up to date insurance, but was in the process of getting a new validation sticker (got it this morning in fact). She said instead of just getting a regular ticket for expired plates, she gave something called a "summons to defendant" and that I face a fine of up to $5000 and that they could back charge me for 9 years worth of validation and that I would have to explain myself in front of a judge of why I was driving a car with such old expired plates.. I kept my mouth shut, said I had made a mistake but she was incorrect I had not driven that car in 9 years. It was in storage. I'm confused here. 1) It's not my car. It's not registered in my name. It's my wifes. Why would I get tagged for 9 years worth of registration or this 5k fine when it's not my car. 2) How do you prove a negative? I hadn't driven the damn car in 9 years. It only has 140,000km on it and it's 15 years old. How do I shift the burden of proof to the crown? It's seems unfair they're making such a case out of a small error in judgement. And last, should I or do I need a lawyer? Can I go to jail for this?
You have a first appearance, which won't be a trial. Talk to the prosecutor to see if you work something out on that day, if you are uncomfy with their request, then get a paralegal... The officer talked about a lot of worse case scenrarios, it's just so you appreciate what is possible, but highly unlikely... Like Break & Enter can get you 14 years, never seen anybody get a 1/10 of that...
You have a first appearance, which won't be a trial. Talk to the prosecutor to see if you work something out on that day, if you are uncomfy with their request, then get a paralegal...
The officer talked about a lot of worse case scenrarios, it's just so you appreciate what is possible, but highly unlikely...
Like Break & Enter can get you 14 years, never seen anybody get a 1/10 of that...
Thanks. The whole thing seems pretty stupid. On my part as well as the police. I dug out all of my receipts for the work I've done on the car over the years, pictures of the car up on jack stands, copies of the etter I sent and received to my insurance company where I said "I put the car off the road and won't be putting insurance on it again until I'm closer to getting it road worthy, so please cancel the insurance effective etc, etc"...How is the crown going to prove I drove the car? Making an accusation without proof is a slippery slope. I've never been in trouble with the law, and haven't got a speeding ticket in 20 years. Thanks for the advice. J>
Thanks. The whole thing seems pretty stupid. On my part as well as the police. I dug out all of my receipts for the work I've done on the car over the years, pictures of the car up on jack stands, copies of the etter I sent and received to my insurance company where I said "I put the car off the road and won't be putting insurance on it again until I'm closer to getting it road worthy, so please cancel the insurance effective etc, etc"...How is the crown going to prove I drove the car? Making an accusation without proof is a slippery slope. I've never been in trouble with the law, and haven't got a speeding ticket in 20 years.
There will be no allegation other than on the date on the summons you were driving. If you testify the crown may challenge you as to whether or not it's been driving around for 9 years, but it'll mean nothing other than to show the JP that you deserve a larger fine if you admit to doing it. Don't. All they have it the day the stopped you...
There will be no allegation other than on the date on the summons you were driving.
If you testify the crown may challenge you as to whether or not it's been driving around for 9 years, but it'll mean nothing other than to show the JP that you deserve a larger fine if you admit to doing it. Don't.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
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…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
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.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
