First time post, and I hope I'm posting in the right area. So here's my situation. The accumulation of minor tickets (4 in last 3 years) will likely end up getting me fired, as the insurance would be too high for me in a company van. For work, I drive aprox 120,000km a year around Ontario in a company van so I am on the road a lot. That said, I should have known better than just take the quick and easy pay and plea guilty option on my last tickets after reading posts here and at ticketcombat.com. The ticket: Was recently in Collingwood for work, and was leaving town on the new HWY 26. The weather was light snow, roads clear. I had never driven on this road before and once I reached the new 4 lane (seperated highway) area I started to accelerate to highway speed. As accelerating I noticed a cop/speed trap and was pulled over for 85 in a 50 km/h. I was shocked when he told me it was a 50 km/h zone for a 4 lane highway with no commercial or residential even close to the road. He noted that there was a sign, and further down the road there was a round about - which I was obviously unaware of as you couldn't see it, and I had never been on this brand new highway. Regardless, I asked him for break as that ticket would likely get me fired. The cop was decent guy, he came back and reduced it to 65 in 50 km/h, no points. I thought wow, thats awesome. Until I soon remembered that insurance companies don't use points they use convictions. So... I've checked my work van's insurance slip and the policy will need renewing on October 22nd. Which raises a few questions for me, if anyone can help: -Do insurance companies check driver records at every renewal? -How soon before the renewal do they generally check the driver records? -If I take this ticket to trial (in Barrie), is there any chance of getting this pushed past the renewal date (Oct 22nd)?? -- around that time a previous ticket will no longer be on my 3yr driving record. -At trial, is there anyway to get the speeding charge changed to a non-moving violation (which wouldn't kill my insurance)? -If I do go to trial, what kind of defense could I have against this? It seems pretty cut and dry. Only discrepancies I can see on the ticket are: he wrote the wrong year for my date of birth; and maybe the fact that he only wrote HWY 26 with no intersection as the location. -Also, perhap someone could also tell me if the fine is correct (as I've seen different rates per HTA and Ontario Courts Law) - OFFENSE: 65 km/h in a 50km/h zone. CONTRARY TO: Highway Traffic Act (sect: 128) Fine is written as -- Set fine: 37.50 Total payable: $52.50 Sorry to ramble on, but any help is appreciated as I'm pretty stressed trying to figure out what exactly to do on this as it will affect me and family's livelihood. Thanks - Kev
First time post, and I hope I'm posting in the right area.
So here's my situation. The accumulation of minor tickets (4 in last 3 years) will likely end up getting me fired, as the insurance would be too high for me in a company van. For work, I drive aprox 120,000km a year around Ontario in a company van so I am on the road a lot. That said, I should have known better than just take the quick and easy pay and plea guilty option on my last tickets after reading posts here and at ticketcombat.com.
The ticket:
Was recently in Collingwood for work, and was leaving town on the new HWY 26. The weather was light snow, roads clear. I had never driven on this road before and once I reached the new 4 lane (seperated highway) area I started to accelerate to highway speed. As accelerating I noticed a cop/speed trap and was pulled over for 85 in a 50 km/h. I was shocked when he told me it was a 50 km/h zone for a 4 lane highway with no commercial or residential even close to the road. He noted that there was a sign, and further down the road there was a round about - which I was obviously unaware of as you couldn't see it, and I had never been on this brand new highway. Regardless, I asked him for break as that ticket would likely get me fired. The cop was decent guy, he came back and reduced it to 65 in 50 km/h, no points. I thought wow, thats awesome. Until I soon remembered that insurance companies don't use points they use convictions.
So... I've checked my work van's insurance slip and the policy will need renewing on October 22nd. Which raises a few questions for me, if anyone can help:
-Do insurance companies check driver records at every renewal?
-How soon before the renewal do they generally check the driver records?
-If I take this ticket to trial (in Barrie), is there any chance of getting this pushed past the renewal date (Oct 22nd)?? -- around that time a previous ticket will no longer be on my 3yr driving record.
-At trial, is there anyway to get the speeding charge changed to a non-moving violation (which wouldn't kill my insurance)?
-If I do go to trial, what kind of defense could I have against this? It seems pretty cut and dry. Only discrepancies I can see on the ticket are: he wrote the wrong year for my date of birth; and maybe the fact that he only wrote HWY 26 with no intersection as the location.
-Also, perhap someone could also tell me if the fine is correct (as I've seen different rates per HTA and Ontario Courts Law) - OFFENSE: 65 km/h in a 50km/h zone. CONTRARY TO: Highway Traffic Act (sect: 128) Fine is written as -- Set fine: 37.50 Total payable: $52.50
Sorry to ramble on, but any help is appreciated as I'm pretty stressed trying to figure out what exactly to do on this as it will affect me and family's livelihood.
This really depends on the insurance company, but usually not. You can go a whole 3 years before they ever check again. People usually say unless there's been a lot of activity (e.g. New cars on your policy) they don't check. I'd probably think it's just more random than that. I believe it costs them money to check, so checking every 6 months isn't in their interest. I could be wrong on some of these details. Maybe someone in the insurance industry can make things a bit clearer. Quite possibly. You can always request a trial today and plead guilty on your trial date. Requesting a trial doesn't mean they will shove you on the stand on the date they give you. They will have a little pow wow with you and the other 30 people with that trial date. They will try to come to a resolution with you as they don't want to go to trial. Truth is they barely have time to have one trial, let alone a trial for everyone there. You've already had a somewhat significant reduction. I don't think they are going to help you out much more than that, if they even could. If you plan on making a case, these aren't things to lean on. If you request disclosure, the details of where you were stopped may be a little clearer in detail.
kevekev wrote:
-Do insurance companies check driver records at every renewal?
This really depends on the insurance company, but usually not. You can go a whole 3 years before they ever check again. People usually say unless there's been a lot of activity (e.g. New cars on your policy) they don't check. I'd probably think it's just more random than that. I believe it costs them money to check, so checking every 6 months isn't in their interest. I could be wrong on some of these details. Maybe someone in the insurance industry can make things a bit clearer.
kevekev wrote:
-If I take this ticket to trial (in Barrie), is there any chance of getting this pushed past the renewal date (Oct 22nd)?? -- around that time a previous ticket will no longer be on my 3yr driving record.
Quite possibly. You can always request a trial today and plead guilty on your trial date. Requesting a trial doesn't mean they will shove you on the stand on the date they give you. They will have a little pow wow with you and the other 30 people with that trial date. They will try to come to a resolution with you as they don't want to go to trial. Truth is they barely have time to have one trial, let alone a trial for everyone there.
kevekev wrote:
-At trial, is there anyway to get the speeding charge changed to a non-moving violation (which wouldn't kill my insurance)?
You've already had a somewhat significant reduction. I don't think they are going to help you out much more than that, if they even could.
kevekev wrote:
-If I do go to trial, what kind of defense could I have against this? It seems pretty cut and dry. Only discrepancies I can see on the ticket are: he wrote the wrong year for my date of birth; and maybe the fact that he only wrote HWY 26 with no intersection as the location.
If you plan on making a case, these aren't things to lean on. If you request disclosure, the details of where you were stopped may be a little clearer in detail.
bend, thanks for the input. I will apply for trial today. Will they just send out a court date? Or is there an appearance first then a formal court date? To apply for disclosure, will I need to travel to Barrie to fill out a form or can it be requested over the phone or fax? Is there a better or worse time to request it? Closer to trial date or do it ASAP? In regards to insurance, this will be the first year I am insured under this company - do you think that lends more or less towards them checking the driving record? This will be my first renewal... Again, any help is greatly appreciated.
bend, thanks for the input.
I will apply for trial today. Will they just send out a court date? Or is there an appearance first then a formal court date?
To apply for disclosure, will I need to travel to Barrie to fill out a form or can it be requested over the phone or fax? Is there a better or worse time to request it? Closer to trial date or do it ASAP?
In regards to insurance, this will be the first year I am insured under this company - do you think that lends more or less towards them checking the driving record? This will be my first renewal...
most prosecutors will ask for the speed to be amended up to the original speed, therefore you could face 4 points should that be the case, and pending whether your previous offences have points...just something else to be mindful of
most prosecutors will ask for the speed to be amended up to the original speed, therefore you could face 4 points should that be the case, and pending whether your previous offences have points...just something else to be mindful of
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
My main concern really is not to fight this in court but to delay the trial as far as possible... to allow my insurance to renew without this on the my record. Any suggestions?
hwybear wrote:
most prosecutors will ask for the speed to be amended up to the original speed, therefore you could face 4 points should that be the case, and pending whether your previous offences have points...just something else to be mindful of
My main concern really is not to fight this in court but to delay the trial as far as possible... to allow my insurance to renew without this on the my record. Any suggestions?
The Crown can only amend the ticket at your actual trial. You can still safely request a trial and attempt to delay the matter without worry. FYI insurance companies look at all convictions, even things like expired plates, burnt out headlights, etc. They dont look at what you refer to as "non-moving" HTA violations any differently.
The Crown can only amend the ticket at your actual trial. You can still safely request a trial and attempt to delay the matter without worry.
At trial, is there anyway to get the speeding charge changed to a non-moving violation (which wouldn't kill my insurance)?
FYI insurance companies look at all convictions, even things like expired plates, burnt out headlights, etc. They dont look at what you refer to as "non-moving" HTA violations any differently.
So I have responded with option 3, when I hear back from the courts regarding a date -- will that date be the actual trial date or will I meet with a Justice of Peace to ask for and setup a trial date? Also, does anyone know if you can request disclosure over the phone or by fax? Or do you have to go to court and request it? Sorry if these are stupid questions... I have no experience with the courts. Thanks - Kev
So I have responded with option 3, when I hear back from the courts regarding a date -- will that date be the actual trial date or will I meet with a Justice of Peace to ask for and setup a trial date?
Also, does anyone know if you can request disclosure over the phone or by fax? Or do you have to go to court and request it?
Sorry if these are stupid questions... I have no experience with the courts.
1. The court date you get in the mail will be your actual trial date, so have everything ready to go on that day. 2. You can request disclosure by fax, just make sure to keep a copy of the confirmation page printed by the fax machine so that if the prosecutor claims they never got it you have something to prove to the court that you did in fact send it.
1. The court date you get in the mail will be your actual trial date, so have everything ready to go on that day.
2. You can request disclosure by fax, just make sure to keep a copy of the confirmation page printed by the fax machine so that if the prosecutor claims they never got it you have something to prove to the court that you did in fact send it.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
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…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
