Yesterday I got charged in my gym's parking lot (PRIVATE PROPERTY), and was told they followed me in since they saw me on my phone earlier. I was parked when the officer came up to my window. Was I on my phone? Yes I held it to talk on speaker since I was just pulling in. What evidence do they have? I don't know but I'm hoping someone can help me with the whole private property defense. I was very obedient with the officer as I am an army reservist so I automatically do the whole yes sir spiel. I don't know if he had a body cam since I was in shock, he told me to drive safe at the end I said "no excuse sir" which is an automatic reaction for me. The problem is I don't know whether to challenge this in court or do early resolution with the prosecutor. I am going to university come fall in a very difficult program for which I worked very hard, I have alternating school and work terms for which it's imperative I can drive. I am a 17 year old male. Getting my G2 in the fall, also need to pass my DND404 military driver license. If my license gets suspended I can only hope ill be able to pay for the insurance with the help of my parents. My life like many revolves around self transportation. I don't care about the the fine, I care about my insurance. Would the suspension be view able on my insurance forever? Would they only see it next year when it renews? Does it last 3 years like demerit points?
Yesterday I got charged in my gym's parking lot (PRIVATE PROPERTY), and was told they followed me in since they saw me on my phone earlier. I was parked when the officer came up to my window. Was I on my phone? Yes I held it to talk on speaker since I was just pulling in. What evidence do they have? I don't know but I'm hoping someone can help me with the whole private property defense.
I was very obedient with the officer as I am an army reservist so I automatically do the whole yes sir spiel. I don't know if he had a body cam since I was in shock, he told me to drive safe at the end I said "no excuse sir" which is an automatic reaction for me. The problem is I don't know whether to challenge this in court or do early resolution with the prosecutor. I am going to university come fall in a very difficult program for which I worked very hard, I have alternating school and work terms for which it's imperative I can drive.
I am a 17 year old male. Getting my G2 in the fall, also need to pass my DND404 military driver license. If my license gets suspended I can only hope ill be able to pay for the insurance with the help of my parents. My life like many revolves around self transportation. I don't care about the the fine, I care about my insurance.
Would the suspension be view able on my insurance forever? Would they only see it next year when it renews? Does it last 3 years like demerit points?
You have a right to see the evidence they have against you. In order to do this, you need to plead NOT GUILTY and request a trial with the officer present. Once you receive your Notice of Trial, then you can request disclsoure (a copy of officers notes). The officers notes are what they will testify in court and will have all the evidence. You can not decide if you can beat it until you see the disclosure. Most likely they saw you on the phone before you went onto private property, so then they can follow you on and still give you ticket.
You have a right to see the evidence they have against you. In order to do this, you need to plead NOT GUILTY and request a trial with the officer present. Once you receive your Notice of Trial, then you can request disclsoure (a copy of officers notes). The officers notes are what they will testify in court and will have all the evidence. You can not decide if you can beat it until you see the disclosure.
Most likely they saw you on the phone before you went onto private property, so then they can follow you on and still give you ticket.
It doesn't quite work like that. It's not like a video game where you pull into an area and the police can no longer follow you. You've admitted to holding the phone while pulling into the lot. Holding your phone while driving is enough for a conviction, whether it's on speaker phone or not. You'll be convicted if you repeat this same spiel in a court room. There's not much they can do for you at an early resolution with this kind of charge. You wont lose anything by going though. It's on your driving record for life, but an insurance provider isn't going to go that far back. They'll pull a 3 year abstract and go from there. If you switch providers, they may ask you for your prior history behind 3 years. Your provider can get your abstract whenever they want, but they aren't going to check it every week either. Technically, you're supposed to tell them about it. Demerit points last two years, not three, but you're not going to have any points from this.
student wrote:
Yesterday I got charged in my gym's parking lot (PRIVATE PROPERTY), and was told they followed me in since they saw me on my phone earlier. I was parked when the officer came up to my window. Was I on my phone? Yes I held it to talk on speaker since I was just pulling in. What evidence do they have? I don't know but I'm hoping someone can help me with the whole private property defense.
It doesn't quite work like that. It's not like a video game where you pull into an area and the police can no longer follow you. You've admitted to holding the phone while pulling into the lot. Holding your phone while driving is enough for a conviction, whether it's on speaker phone or not. You'll be convicted if you repeat this same spiel in a court room.
student wrote:
I don't know whether to challenge this in court or do early resolution with the prosecutor.
There's not much they can do for you at an early resolution with this kind of charge. You wont lose anything by going though.
student wrote:
Would the suspension be view able on my insurance forever? Would they only see it next year when it renews? Does it last 3 years like demerit points?
It's on your driving record for life, but an insurance provider isn't going to go that far back. They'll pull a 3 year abstract and go from there. If you switch providers, they may ask you for your prior history behind 3 years. Your provider can get your abstract whenever they want, but they aren't going to check it every week either. Technically, you're supposed to tell them about it. Demerit points last two years, not three, but you're not going to have any points from this.
It doesn't quite work like that. It's not like a video game where you pull into an area and the police can no longer follow you. You've admitted to holding the phone while pulling into the lot. Holding your phone while driving is enough for a conviction, whether it's on speaker phone or not. You'll be convicted if you repeat this same spiel in a court room. There's not much they can do for you at an early resolution with this kind of charge. You wont lose anything by going though. It's on your driving record for life, but an insurance provider isn't going to go that far back. They'll pull a 3 year abstract and go from there. If you switch providers, they may ask you for your prior history behind 3 years. Your provider can get your abstract whenever they want, but they aren't going to check it every week either. Technically, you're supposed to tell them about it. Demerit points last two years, not three, but you're not going to have any points from this. So they may ask but I don't need to tell them correct? From what I understand no matter what abstract they pull from the MTO (except restricted driver record) HTA demerit points and suspensions are only seen 3 years back (source: https://www.insurancehotline.com/checki ... n-ontario/ ) Will this license suspension make me a high risk driver already? I'm worried about getting insurance right after the end of my suspension, are they notified right away if i'm convicted and loose my license?
bend wrote:
student wrote:
Yesterday I got charged in my gym's parking lot (PRIVATE PROPERTY), and was told they followed me in since they saw me on my phone earlier. I was parked when the officer came up to my window. Was I on my phone? Yes I held it to talk on speaker since I was just pulling in. What evidence do they have? I don't know but I'm hoping someone can help me with the whole private property defense.
It doesn't quite work like that. It's not like a video game where you pull into an area and the police can no longer follow you. You've admitted to holding the phone while pulling into the lot. Holding your phone while driving is enough for a conviction, whether it's on speaker phone or not. You'll be convicted if you repeat this same spiel in a court room.
student wrote:
I don't know whether to challenge this in court or do early resolution with the prosecutor.
There's not much they can do for you at an early resolution with this kind of charge. You wont lose anything by going though.
student wrote:
Would the suspension be view able on my insurance forever? Would they only see it next year when it renews? Does it last 3 years like demerit points?
It's on your driving record for life, but an insurance provider isn't going to go that far back. They'll pull a 3 year abstract and go from there. If you switch providers, they may ask you for your prior history behind 3 years. Your provider can get your abstract whenever they want, but they aren't going to check it every week either. Technically, you're supposed to tell them about it. Demerit points last two years, not three, but you're not going to have any points from this.
So they may ask but I don't need to tell them correct? From what I understand no matter what abstract they pull from the MTO (except restricted driver record) HTA demerit points and suspensions are only seen 3 years back (source: https://www.insurancehotline.com/checki ... n-ontario/ )
Will this license suspension make me a high risk driver already? I'm worried about getting insurance right after the end of my suspension, are they notified right away if i'm convicted and loose my license?
If you move insurance providers and the new provider asks "Have you been convicted of an offense in the last 5 years?", yes, you'd have to answer as truthfully as possible. If you're convicted today, your policy requires you to notify the provider of any changes that may impact your coverage. A conviction would impact your coverage. Your rates are based on risk. Although, this is something practically everyone chooses to ignore. It's possible that if an accident happened your provider would choose to deny you coverage, but I don't recall hearing of any instances where this has happened. If you are pulled over by an officer, (there are officers here who could give you an exact answer) I believe they'll have full access to your driving history. If they ask when they last time you were convicted of a driving offense, it's best to answer truthfully than to assume your conviction has vanished within the last 3 years. For surcharge purposes, your insurance provider will use the last 36 months. If you change providers, they may ask you beyond that, but that doesn't mean they're charging you for it. There are certain situations where the 36 months don't apply. Insurance fraud would be one of them. I extremely doubt you'll be considered high risk. While being a G2 driver with a conviction for handheld driving isn't the most ideal situation, it's still considered a minor offense by your provider. Even with a G2, I doubt it'll put you over that line.
student wrote:
So they may ask but I don't need to tell them correct?
If you move insurance providers and the new provider asks "Have you been convicted of an offense in the last 5 years?", yes, you'd have to answer as truthfully as possible.
If you're convicted today, your policy requires you to notify the provider of any changes that may impact your coverage. A conviction would impact your coverage. Your rates are based on risk. Although, this is something practically everyone chooses to ignore. It's possible that if an accident happened your provider would choose to deny you coverage, but I don't recall hearing of any instances where this has happened.
student wrote:
From what I understand no matter what abstract they pull from the MTO (except restricted driver record) HTA demerit points and suspensions are only seen 3 years back (source: https://www.insurancehotline.com/checki ... n-ontario/ )
If you are pulled over by an officer, (there are officers here who could give you an exact answer) I believe they'll have full access to your driving history. If they ask when they last time you were convicted of a driving offense, it's best to answer truthfully than to assume your conviction has vanished within the last 3 years.
For surcharge purposes, your insurance provider will use the last 36 months. If you change providers, they may ask you beyond that, but that doesn't mean they're charging you for it. There are certain situations where the 36 months don't apply. Insurance fraud would be one of them.
student wrote:
Will this license suspension make me a high risk driver already? I'm worried about getting insurance right after the end of my suspension, are they notified right away if i'm convicted and loose my license?
I extremely doubt you'll be considered high risk. While being a G2 driver with a conviction for handheld driving isn't the most ideal situation, it's still considered a minor offense by your provider. Even with a G2, I doubt it'll put you over that line.
If you move insurance providers and the new provider asks "Have you been convicted of an offense in the last 5 years?", yes, you'd have to answer as truthfully as possible. If you're convicted today, your policy requires you to notify the provider of any changes that may impact your coverage. A conviction would impact your coverage. Your rates are based on risk. Although, this is something practically everyone chooses to ignore. It's possible that if an accident happened your provider would choose to deny you coverage, but I don't recall hearing of any instances where this has happened. If you are pulled over by an officer, (there are officers here who could give you an exact answer) I believe they'll have full access to your driving history. If they ask when they last time you were convicted of a driving offense, it's best to answer truthfully than to assume your conviction has vanished within the last 3 years. For surcharge purposes, your insurance provider will use the last 36 months. If you change providers, they may ask you beyond that, but that doesn't mean they're charging you for it. There are certain situations where the 36 months don't apply. Insurance fraud would be one of them. I extremely doubt you'll be considered high risk. While being a G2 driver with a conviction for handheld driving isn't the most ideal situation, it's still considered a minor offense by your provider. Even with a G2, I doubt it'll put you over that line. Yes, most (not all) officers can access a full convictions history , as well as licence , suspensions, address and vehicle histories.
bend wrote:
student wrote:
So they may ask but I don't need to tell them correct?
If you move insurance providers and the new provider asks "Have you been convicted of an offense in the last 5 years?", yes, you'd have to answer as truthfully as possible.
If you're convicted today, your policy requires you to notify the provider of any changes that may impact your coverage. A conviction would impact your coverage. Your rates are based on risk. Although, this is something practically everyone chooses to ignore. It's possible that if an accident happened your provider would choose to deny you coverage, but I don't recall hearing of any instances where this has happened.
student wrote:
From what I understand no matter what abstract they pull from the MTO (except restricted driver record) HTA demerit points and suspensions are only seen 3 years back (source: https://www.insurancehotline.com/checki ... n-ontario/ )
If you are pulled over by an officer, (there are officers here who could give you an exact answer) I believe they'll have full access to your driving history. If they ask when they last time you were convicted of a driving offense, it's best to answer truthfully than to assume your conviction has vanished within the last 3 years.
For surcharge purposes, your insurance provider will use the last 36 months. If you change providers, they may ask you beyond that, but that doesn't mean they're charging you for it. There are certain situations where the 36 months don't apply. Insurance fraud would be one of them.
student wrote:
Will this license suspension make me a high risk driver already? I'm worried about getting insurance right after the end of my suspension, are they notified right away if i'm convicted and loose my license?
I extremely doubt you'll be considered high risk. While being a G2 driver with a conviction for handheld driving isn't the most ideal situation, it's still considered a minor offense by your provider. Even with a G2, I doubt it'll put you over that line.
Yes, most (not all) officers can access a full convictions history , as well as licence , suspensions, address and vehicle histories.
So heres my case, does it have any validity? Im argueing that the officer did not have a justified view of where and if my car stopped or not, which it did.
This is the officers view of the stop sign i "disobeyed"
Another possible viewpoint, just so i can say that he cant see regardless
As you can see he cannot see the line where i must stop
As close are possible (which he wasnt) to the intersection,…
I need some help to settle a "Right of Way" argument. I know this question has probably been asked a thousand times before, but after doing a search, I was unable to find a posting on the forum, or the specific section in the OHTA relating to it.
Scenario:
Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound…
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Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?
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…
Was pulled over earlier today for going 95km/h in posted 60km/h, 2nd offense (same cop that pulled me over the first time >.<) ticket of $265. going down dougall toward cabana where it goes from the 80 to 60 zone (yes was over slightly coming in and kept speed)
Just wondering what the best way to handle this? (location: windsor ontario)
I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one…
Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, simply, of speeding generally? I understand that if they prove a charge of even 61 km/h in a 60 km/h, they…
In a nutshell, in York Region, ran a stale yellow, cop was on a 407 off ramp and tickets me for red light. 2 week old pink slip, I forgot I put the new behind the expired one so I got a ticket for that as well.
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Was stopped in an OPP speed trap on eastbound QEW near Hamilton at 1:30 AM last week (Apr 25th). Officer said I was doing 131 km/h based on radar gun but I thought I was around 120 km/h (I let off the gas and looked at my speedo when I saw the 2 cars on the shoulder). It was a dark stretch and it was not busy but there were a few other cars on the highway. I asked to see the reading but they said…
1) Discovery info includes 3 pages of Genesis radar manual. Officer's notes show he used "Atlantic Laser" to measure speed. Didn't show model # (only s/n). The Genesis was used earlier on in the day, but not for my case. Can I grill him on this or is it simply a clerk's error in sending me the wrong manual?
I got a ticket for an expired licence sticker. The next day I went to the Ministry office to renew my sticker. I thought that I HAD to pay any outstanding tickets BEFORE I was eligible to renew my sticker. The lady at the desk informed me that I had an outstanding balance and 407 bill that I had a to pay and I told her that I was aware of that. I thought everything was cleared.
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
I was just wondering if there was any text in the HTA that suggests that when driving on a highway with three lanes going in each direction, drivers should generally always be in the rightmost lane unless they are passing.
At first, I thought 154(b) was what I was looking for, but now I'm not so sure?
"Officials in West Vancouver, Canada apparently aren't satisfied with the driver-slowing properties of traditional speed bumps. Yesterday, the town unveiled a new way to entice motorists to ease off the gas pedal in the vicinity of the ÃÂcole Pauline Johnson Elementary School: A 2-D image of a child playing, creating the illusion that…
Does anybody know how you can check the status of your Demerit Points and how many you have collected over the last two years?
I just received a ticket as I was travelling through Barrie and am debating whether or not to fight it. My decision will be based on whether or not an infraction I received a year ago came with Demerit Points.
I have a question I would like to ask concerning turning right on a red light.
I was approaching on the right turn only lane to the traffic light which turned from amber to red. As soon as the red light came on, there were advance green left turn arrow for the intersection I was for the cars that were traveling right to left and left to right of me. Since there was a lot of traffic from where I…
So I got pulled over for speeding and following too close, on HWY 11 north of Barrie. The airplane caught me! I will fight this as I have fought ALL my tickets and won EVERY ONE of them (one per year... man I need to drive slower). So any thoughts out there on how to fight this one? Does the Crown have to bring the 2 officers in the plane, plus the one in the cruises to court? If 1 in 3 doesn't…
I am new to this forum and before making this post I did some digging and was unable to find anything on this method of officer note taking.
A little back ground of my case:
charged with 25km/h over the posted limit.
After numerous disclosure requests, finally received a detailed disclosure including several pages of the lidar manual and typed officer notes describing the events of my…
My wife was just pulled over for running a yellow light and instead was ticketed for an expired drivers licence. The license expired on her birthdate 4 months ago and she didn;t recieve a renewal. $325 !!!!!!
Hope someone can help. She was ticketed under HTA 32 (1) with the offense shown as
"Drive Motor Vehicle no license"
Can anyone tell me if this is worth the effort to get a reduction in the…
So I got pulled over for supposedly for running a stop sign. The problem is that I did a complete stop, waited a split second and started again. And yes I did stop behind the white line.
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Someone has an accident in a car worth very little on highway 401 but the car is not drivable (but not in terrible shape), there is a police report filed right away in which no other cars were involved, however the car did strike a guardrail. Is it possible to handle this without involving insurance? Or is a forgone conclusion insurance will be notified by the police?
I made a minor mistake on my disclosure request - I put a "Request Date" of September 10, 2014 instead of 2015. The rest of the form is correct including offense date, fax date, trial date.
Will this affect my disclosure? Do I need to clear it up?
Also, I noticed the Ticket Combat disclosure form has a lot more information than what was posted in on this site. Is it OK to send a second…
