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.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
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…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
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As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
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I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
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hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
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Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
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I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
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I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
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Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
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alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
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My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
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