Hi Several weeks ago I got stopped driving a commercial vehicle in a truck blitz. I was driving a Ford F 450 and trailer. I was stopped by a Toronto police motorcycle officer and taken to a temporary inspection station for a truck inspection. I got 5 tickets and the owner got 5 tickets all under the HTA My question is, does the officer have to inform me of my right to counsel? Section 10 B of the charter of Rights and freedoms states 10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and I am pretty sure I was not informed of my right to counsel but the officer was wearing a body cam so I should be able to find that out. I was definitely detained as the inspection took over 2 hours. If I had known I was able to talk to my lawyer I definitely would have and I believe that might have saved me some tickets. For example I admitted to talking on my cell phone in the belief that being co-operative and friendly would save me some tickets. ( it does not) I was totally unsure of what my rights were during the inspection, whether I was able to make phone calls or whether I had to answer all the questions. The two hour delay made me miss a very important job and we had to send another truck (I was not late and speeding, rather I was early and doing 80 kph in a 90 zone) All input is appreciated
Topic
Stopped for truck inspection, charter challenge 10 (b)?
I am thinking that the paralegal did NOT follow your intructions (file 11B) and pleaded without your consent. I would be asking for a re-opening of all the charges asap. There is a term for when your legal help messes up, but I do not know what it is. And also, you should not have to pay for them to do something that you did not ask them to do. Of course the downside is that you could end up being found guilty of all the charges, but again there might be a way to sue paralegal as well. I have no specific details or experience with this, but I think that it should not have happened.
I am thinking that the paralegal did NOT follow your intructions (file 11B) and pleaded without your consent. I would be asking for a re-opening of all the charges asap. There is a term for when your legal help messes up, but I do not know what it is. And also, you should not have to pay for them to do something that you did not ask them to do.
Of course the downside is that you could end up being found guilty of all the charges, but again there might be a way to sue paralegal as well.
I have no specific details or experience with this, but I think that it should not have happened.
I really appreciate the advice so far. I need to make a decision in the next few days if I should ask to have it re-opened or not. I would really like some more opinions What I want to know is for the last trial date on friday I was at the 13 month mark and I think an 11b would have been successful. Now that my paralegal has screwed up, does this mean that an 11b would not work anymore because this delay would be the fault of my paralegal? (but not my fault)
I really appreciate the advice so far. I need to make a decision in the next few days if I should ask to have it re-opened or not. I would really like some more opinions
What I want to know is for the last trial date on friday I was at the 13 month mark and I think an 11b would have been successful. Now that my paralegal has screwed up, does this mean that an 11b would not work anymore because this delay would be the fault of my paralegal? (but not my fault)
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
