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.
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…
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).
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…
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…
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…
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…
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:
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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?
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,…
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?
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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…
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.
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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…
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…
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.
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…
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…
