My wife and I were just in an accident this morning. We were driving about 70 km/ hr. north on hwy 21 and it was snowy and slippery in spots. the pick up we were driving hit a patch of ice and the rear end started to slide out, thus pointing our nose to the ditch. There was a car coming towards us but it was back a little ways. We went across in front of her and hit the ditch. After she passed us she lost control and clipped the cube van that was behind us and went into the ditch some 200 yards down the road. The cube van managed to get his truck stopped after he slid around. My wife was charged with Fail to drive in Marked Lane 154-1-a . Does this carry demerit points and is our insurance going to be liable for all damages to other vehicles? Should we fight the ticket? Thanks for your responses.
My wife and I were just in an accident this morning. We were driving about 70 km/ hr. north on hwy 21 and it was snowy and slippery in spots. the pick up we were driving hit a patch of ice and the rear end started to slide out, thus pointing our nose to the ditch. There was a car coming towards us but it was back a little ways. We went across in front of her and hit the ditch. After she passed us she lost control and clipped the cube van that was behind us and went into the ditch some 200 yards down the road. The cube van managed to get his truck stopped after he slid around. My wife was charged with Fail to drive in Marked Lane 154-1-a . Does this carry demerit points and is our insurance going to be liable for all damages to other vehicles? Should we fight the ticket?
You might be in luck since the charge of "Fail to drive in a marked lane" was amended 1.5 years ago. As of Aug. 10/15, the title for the charge was changed to "Unsafe move - lane or shoulder" pursuant to s. 154(1)(a) with the set fine being $85. Follow this link for corroboration. So, if you were charged today with "Fail to drive in a marked lane" via a ticket (not a summons!) (and with a set fine listed on the ticket), then that is a fatal error, since no set fine applies to that offence. In that case, you don't want to give the prosecution a chance to amend (i.e. change the offence title to the new title). However, if you were charged under Part 3 of the POA (i.e. via a summons not a ticket), then it IS possible for them to argue that the offence itself was never removed (which is in fact quiet, true). So, bottom line: check if you were charged under Part 1 (i.e. with a ticket). If so, then no set fine actually exists (since that charge isn't listed in the Set Fine schedules). Accordingly, it is a fatal error and you should not respond to the ticket----that is, force a fatal error. If they DO convict you, then simply appeal the matter and argue the above points (i.e. the ticket was not proper on its face since no set fine exists!). The case should then be dismissed. However, if you were given a summons to attend court, then you've been charged under Part 3 of the POA and that offence DOES still exist.
You might be in luck since the charge of "Fail to drive in a marked lane" was amended 1.5 years ago. As of Aug. 10/15, the title for the charge was changed to "Unsafe move - lane or shoulder" pursuant to s. 154(1)(a) with the set fine being $85. Follow this link for corroboration.
So, if you were charged today with "Fail to drive in a marked lane" via a ticket (not a summons!) (and with a set fine listed on the ticket), then that is a fatal error, since no set fine applies to that offence. In that case, you don't want to give the prosecution a chance to amend (i.e. change the offence title to the new title).
However, if you were charged under Part 3 of the POA (i.e. via a summons not a ticket), then it IS possible for them to argue that the offence itself was never removed (which is in fact quiet, true).
So, bottom line: check if you were charged under Part 1 (i.e. with a ticket). If so, then no set fine actually exists (since that charge isn't listed in the Set Fine schedules). Accordingly, it is a fatal error and you should not respond to the ticket----that is, force a fatal error. If they DO convict you, then simply appeal the matter and argue the above points (i.e. the ticket was not proper on its face since no set fine exists!). The case should then be dismissed.
However, if you were given a summons to attend court, then you've been charged under Part 3 of the POA and that offence DOES still exist.
Thanks for your reply. She was charged at the scene by ticket. On the ticket it reads Did commit the offence of Fail to Drive in marked lane. it does have a set fine of $85 and a total of $110. So we should chose option 3 and chose to appear for trial.
Thanks for your reply. She was charged at the scene by ticket. On the ticket it reads Did commit the offence of Fail to Drive in marked lane. it does have a set fine of $85 and a total of $110. So we should chose option 3 and chose to appear for trial.
If it says NOTICE OF OFFENCE at the top of the ticket (which is sounds like it does if it has option 3), then per highwaystars advice, DO NOTHING and do NOT respond at all and keep the ticket safe so you can force a fatal error. If you show up to court, they are allowed to fix the error, so you do not want to show up for court. There are two possibilities: (1) A Justice of the Peace will review the ticket and see the error and quash/drop the ticket, so nothing more to worry about, or (2) A Justice of the Peace will review the ticket and not see the error and will convict your wife for the charge. When you get your Notice of Conviction, you will then pay the fine and file for an appeal (make sure its an APPEAL and not a re-opening). At the appeal hearing, you show up with your ticket and mention the points that highwaystar mentioned above. As for insurance, being charged and convicted is completely seperate from the insurance company saying you are at fault. For example, you can be charged and convicted of a driving offence, but found to be not at fault for insurance purposes, or vice-versa you can not be charged with anything but still found to be totally at fault for insurance purposes.
If it says NOTICE OF OFFENCE at the top of the ticket (which is sounds like it does if it has option 3), then per highwaystars advice, DO NOTHING and do NOT respond at all and keep the ticket safe so you can force a fatal error. If you show up to court, they are allowed to fix the error, so you do not want to show up for court.
There are two possibilities:
(1) A Justice of the Peace will review the ticket and see the error and quash/drop the ticket, so nothing more to worry about, or
(2) A Justice of the Peace will review the ticket and not see the error and will convict your wife for the charge. When you get your Notice of Conviction, you will then pay the fine and file for an appeal (make sure its an APPEAL and not a re-opening). At the appeal hearing, you show up with your ticket and mention the points that highwaystar mentioned above.
As for insurance, being charged and convicted is completely seperate from the insurance company saying you are at fault. For example, you can be charged and convicted of a driving offence, but found to be not at fault for insurance purposes, or vice-versa you can not be charged with anything but still found to be totally at fault for insurance purposes.
If that happens and you get re-served with correct charge, then I think it is still a fightable offence as it was weather related and outside of your wife's control. The fact that the other vehicle went by you and then spun out on the ice as well helps your case.
If that happens and you get re-served with correct charge, then I think it is still a fightable offence as it was weather related and outside of your wife's control. The fact that the other vehicle went by you and then spun out on the ice as well helps your case.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
.