Daughter just got ticket for above.Backing out of driveway with high snowbanks obscuring vision. Backed out far enough to see a vehicle coming,stopped,the vehicle didn't brake but went to go around her,lost control and hit tree.Can she actually get this ticket.Plus ticket says 2008!Can she get off just for this date error?
-
jcspeziale
- Newbie

- Posts: 5
- Joined: Sun Jan 25, 2009 7:15 pm
"Failing to yield from driveway"fine-no subsection
Re: "Failing to yield from driveway"fine-no subsection
Just a simple date error is not enough to throw the ticket out.
Now the other driver might be facing stunt driving or careless driving for losing control.
Can you provide us with more information? What was the actual OHTA subsection that your daughter was charged with?
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
-
jcspeziale
- Newbie

- Posts: 5
- Joined: Sun Jan 25, 2009 7:15 pm
Need advice-pulling out of driveway/wrong date
The officer did not write in the section part
Thanx
Re: "Failing to yield from driveway"fine-no subsection
Your other thread says it was "Fail to Yield".
This one says "Fail to Yield from Driveway".
My unprofessional opinion is that the "Fail to Yield from Driveway" charge IS specific enough to warrant a conviction. If it just says, "Fail to Yield", that could apply to various sections of the HTA and would justify a dismissal if she motions for one (arguing that it is not possible to prepare a defense due to the lack of detail on the charging document).
Re: "Failing to yield from driveway"fine-no subsection
As ticketcombat tell us here, the justice cannot make you pay this ticket because no subsection is a fatal error. The crown does not have enough information to charge you (or your daughter) if there is no subsection - they do not even know what offense she had supposedly committed. There are a couple defense strategies that are available, in this case.
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
-
jcspeziale
- Newbie

- Posts: 5
- Joined: Sun Jan 25, 2009 7:15 pm
Fail to yield from driveway
Sorry - the ticket is for "fail to yield from driveway" and does not have a subsection written in. It seems that this subsection error may be an out for her?? I spoke to the other party and they tell me they weren't charged for anything. They want to know if I want to pay for the damage to their vehicle or go thru insurance.
-
jcspeziale
- Newbie

- Posts: 5
- Joined: Sun Jan 25, 2009 7:15 pm
Fail to yield from driveway
According from what I read-I should do nothing and have the justice look at the ticket and hopefully see that the subsection is missing and throw the ticket out?
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: Fail to yield from driveway
jcspeziale wrote:
Sorry - the ticket is for "fail to yield from driveway" and does not have a subsection written in. It seems that this subsection error may be an out for her?? I spoke to the other party and they tell me they weren't charged for anything. They want to know if I want to pay for the damage to their vehicle or go thru insurance.
It is not your's or your daughters responsibility to ensure care and control of another vehicle. If the operator of the other car could not avoid your daughter in a residential area without losing control I would wonder what speed they were doing or what else they were looking at???? Do you have some anatomically correct snowwomen??? Was this a snowy day with lots of accidents??? Tell the other driver to go to hell and fix their own damn car. I think that's subtle enough.
Re: "Failing to yield from driveway"fine-no subsection
By writing your daughter a ticket and not giving the other driver anything, the officer is now placing 100% of the blame for the crash on her. I agree with Reflections here, if the vehicle swerved to avoid a stopped car backing out of the driveway and had serious damage then the speed must've been well above the posted speed limit. Pay that fine and you've confirmed the blame. You cannot even pay the ticket, because it is dated 2008, and the 15 days have passed already. The ticket says you have to pay or dispute prior to 15 days from the date on the ticket, but it is obviously much later than that. Excellent grounds not to pay, because she was given an expired ticket, then you can force fatal error when push comes to shove. Tell the other driver to go through insurance.
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
Re: "Failing to yield from driveway"fine-no subsection
You guys might be right. But I always thought they didn't have to write the section no. down if the wording was specific enough to describe the offence (without any possibility that it could refer to more than ONE offences in the Act).
Right of way on entering highway from private road
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).
If the other driver goes through insurance, the insurance companies will decide fault completely separately from the opinion of the police. It's highly unlikely your daughter will escape ANY fault here. You have to know the other driver will say there was no way they could stop and had to swerve to avoid a serious collision. And does the police report state that your daughter pulled out "blind" due to the snow bank? Not good if it does.
You might want to discuss it with your insurance agent first.
Similar Topics
-
-
- valid ticket? no subsection written in on ticket
- Posted in General Talk
- By jcspeziale on
-
-
-
- Re: How to understand the "property" under subsection 199(1)
- Posted in Failing to report a collision to a police officer
- By gjl on
- Replies: 2
-
-
-
- 34 over, subsection question and notes discrepancy
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By avialaw on
- Replies: 16
-
-
-
-
- Fatal error due to incorrect set fine and total fine?
- Posted in General Talk
- By epochfurlan on
- Replies: 2
-
-
-
- Incorrect Set Fine, but correct Total Fine - Fatal?
- Posted in General Talk
- By admin on
- Replies: 7
-
-
-
-
-
- Fine amount wrong
- Posted in General Talk
- By Reflections on
- Replies: 1
-
-
-
- Sect 8(1) Failure to sign permit $110 fine
- Posted in General Talk
- By shmeli on
- Replies: 16
-
-
-
- Brantford judge doubles her own fine (in Hamilton court)
- Posted in General Talk
- By racer on
- Replies: 3
-
-
-
- MULTIPLE TICKETS big fine
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By lknisley on
- Replies: 2
-
-
-
- Set fine amounts might be changing
- Posted in General Talk
- By ticketcombat on
-
-
-
- failure to obey lane sign - Fine $110
- Posted in Failing to obey signs
- By annafra on
- Replies: 5
-
-
-
- Is my fine incorrect for 41 over?
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By m4gician on
- Replies: 1
-
-
-
- Set fine amount
- Posted in Courts and Procedure
- By outboardguy on
- Replies: 1
-
-
-
- Set fine a fatal error?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By tanker2ts on
- Replies: 9
-
-
-
- Typical fine for studded tires in Southern Ontario?
- Posted in General Talk
- By ElectricMayhem on
- Replies: 18
-
-
-
- Speeding Fine - 49km/h over in 80km zone
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By still on
- Replies: 1
-
-
-
- Now that is a fine!!
- Posted in Exceeding the speed limit by 50 km/h or more
- By hwybear on
- Replies: 2
-
Featured Topics
speeding ticket!
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
Received Notice of Trial - need advice on next step
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
I am requesting advice with the following -
My trial date is Mar 8, 2017 and the insert with…
safe highway merge
I was cruisin on the 401 with about 50 others at 120 kph.
Some-one gets on the entry lane and speeds up to 60 kph and merges.
Now I am amidst 50 cars that have to avoid hitting this a--hole.
I don't know?
Any ideas?
Cheers
Viper1
Trial Adjourned, No video evidence, Cop will show up
Hello Members,
My trial for "Driver failing to wear seat belt" was adjourned as I had not received disclosure before the trial.
The cop was present (I agreed to the same new trial date the cop will be returning for on another individual's adjournment).
Both the cop and the prosecutor advised me of video evidence, however the lady in room 12E (Toronto; 60 Queens) showed me that the disclosure I…
OVER 49km/h in DVP
Hi everyone.
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
Careless Driving Summons Under Part I as result of accident
Hello All,
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
Can the HTA be enforced in a mall parking lot
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
2 tickets I'm scared
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
Who Are You?
Hi there.
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor! ![]()
2. Can I…
Caught doing 138 in an 80 zone
Details of the offence:
I was following a Black Jeep for about 15 minutes on County Road 503 in the Township of Minden with the cruise control set at 87Km/hr
I didn't feel comfortable driving behind the Black Jeep since it limits my view of the road up ahead (at around 7PM on a Sunday)
I decided to pass when safe (just outside of Gooderham and before Irondale),
I was travelling eastbound downhill on…
RIGHT Hand Turn from Middle Lane on Red - Opinions/Facts
Scenario:
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
I have…
Trial/disclosure strategy for Speeding ticket
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,…
Section 37(1) - Drivers under 16 prohibited
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
144(18) - proceed before green - bicycle
Hey everyone,
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Ridiculous Insecure Load Ticket
Hello,
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
Thanks very much for reading!!
What can I drive!?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Now I also considered a farm…
100kph in a posted 80kph zone
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…
Looks like I was screwed today - "Unsafe Lane Change" - NOT!
Hi all,
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
Disabled person parking ticket - $350!! Help!!
My partner got a ticket for parking in disabled parking, and we don't want to pay! So far all I can come up with is this:
Halton Hills (where he got the ticket) Parking bylaw (1984-0001) Section III item 12 (c) says:
(c) A designated disabled person parking space shall be distinctly indicated in
accordance with the Regulations of the Highway Traffic Act.
But I can't find anything in the HTA about…
116KM/hr in 100KM/hr seriously?
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
Parking 3M of Firehydrant
Hi,
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
Form 4 Offence Notice - content
Hi everyone,
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
Carrying two insurance cards Ontario
Carrying two insurance cards Ontario
A friend was charged with possessing two proofs of insurance, the expired card along with a valid card.
I recall visiting this subject some years ago and found some reference under the HTA, but I cannot find any reference now.
What if any regulation in Ontario states that you are only allowed to carry a single proof of insurance.
I know myself that I will often…
Red light fail to stop under section 144 (18) HTA
Hi Everybody,
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Moore St near Bayview (HTA 182 (2)) A couple of questions...
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
