Several months ago, I was on my motorcycle and went to pass two vehicles at the same time. The front car was driving roughly 60kph in an 80kph zone (and had been for 5+ minutes). The car behind it (a uhaul truck) was not going to pass, so I went for it. The driver of the front vehicle, without signalling, turned left and a significant accident ensued. I was taken to hospital and was given no ticket or anything by a police officer, but yesterday, received a summons for Oct 26th to answer for the charge of "drive a vehicle carelessly". To that end, I am confused. I understand, from conversations with friends, that passing multiple vehicles at the same time is apparently illegal (I was not aware, I figured on a straight enough, long enough, open enough road one could pass however many cars they saw fit). But I do not understand why the Crown Attorney would decide that they would press "careless driving charges". I was not careless, and was a fairly responsible motorcycle rider (not all of them are). I guess I'm to call their office, but I guess my questions are: 1.) Why can I not, as when I received a prior ticket (for improper license plate attachment to my car), talk about a plea deal? Tickets have that box to check when you send them in, but I was never given that chance at all. 2.) Assuming at some point I am given the opportunity to plea, is the proper plea attempt to get down to "improper passing"? 3.) (Doubtful members could answer this) Why in the world would they go all the way to careless, when I was in fact within the speed limit or 10 over during the pass. The motorcycle I had was a very fast bike, and yet I was keeping to the laws of the land, why would it be such a significant charge? Any advice, comments, etc would be welcome.
Several months ago, I was on my motorcycle and went to pass two vehicles at the same time. The front car was driving roughly 60kph in an 80kph zone (and had been for 5+ minutes). The car behind it (a uhaul truck) was not going to pass, so I went for it. The driver of the front vehicle, without signalling, turned left and a significant accident ensued.
I was taken to hospital and was given no ticket or anything by a police officer, but yesterday, received a summons for Oct 26th to answer for the charge of "drive a vehicle carelessly". To that end, I am confused. I understand, from conversations with friends, that passing multiple vehicles at the same time is apparently illegal (I was not aware, I figured on a straight enough, long enough, open enough road one could pass however many cars they saw fit). But I do not understand why the Crown Attorney would decide that they would press "careless driving charges". I was not careless, and was a fairly responsible motorcycle rider (not all of them are).
I guess I'm to call their office, but I guess my questions are:
1.) Why can I not, as when I received a prior ticket (for improper license plate attachment to my car), talk about a plea deal? Tickets have that box to check when you send them in, but I was never given that chance at all.
2.) Assuming at some point I am given the opportunity to plea, is the proper plea attempt to get down to "improper passing"?
3.) (Doubtful members could answer this) Why in the world would they go all the way to careless, when I was in fact within the speed limit or 10 over during the pass. The motorcycle I had was a very fast bike, and yet I was keeping to the laws of the land, why would it be such a significant charge?
It is not illegal. With certain offences, you receive a summons to appear in court. You can still plea-bargain, it is just that a court appearance is mandatory. Part 1 tickets (e.g. speeding) have the option of paying out of court. The other reason a summons was issued is that they have 7 days to ticket you, but up to 6 months to issue a summons. Why it wasn't issued earlier... good question. You'll have to get disclosure of the case against you to find out. What I would suggest is contacting a paralegal to discuss the case, as careless driving is a fairly serious charge. It is possible to plead it down, but I would still recommend you at least talk to someone. 6 demerit points, up to $2000 in fines, plus the insurance increase (this can double your premiums) are a lot to be facing alone.
Ex1100 wrote:
passing multiple vehicles at the same time is apparently illegal
It is not illegal.
With certain offences, you receive a summons to appear in court. You can still plea-bargain, it is just that a court appearance is mandatory. Part 1 tickets (e.g. speeding) have the option of paying out of court. The other reason a summons was issued is that they have 7 days to ticket you, but up to 6 months to issue a summons. Why it wasn't issued earlier... good question. You'll have to get disclosure of the case against you to find out.
What I would suggest is contacting a paralegal to discuss the case, as careless driving is a fairly serious charge. It is possible to plead it down, but I would still recommend you at least talk to someone. 6 demerit points, up to $2000 in fines, plus the insurance increase (this can double your premiums) are a lot to be facing alone.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Just because your bike is a lot faster then the other cars you still have to be aware of the road. The trailer hauler was looking for his exit.. You pulled out and you didn't even guess what was going on. (you have to take in the big picture as if you were above watching it from above) You were careless. Did you cross a solid line? If so improper lane change ticket would cover it. In the 30+ years I have been riding I only fell off two times (on dirt bikes) Cheers Viper1
Ex1100 wrote:
Several months ago, I was on my motorcycle and went to pass two vehicles at the same time. The front car was driving roughly 60kph in an 80kph zone (and had been for 5+ minutes). The car behind it (a uhaul truck) was not going to pass, so I went for it. The driver of the front vehicle, without signalling, turned left and a significant accident ensued.
I was taken to hospital and was given no ticket or anything by a police officer, but yesterday, received a summons for Oct 26th to answer for the charge of "drive a vehicle carelessly". To that end, I am confused. I understand, from conversations with friends, that passing multiple vehicles at the same time is apparently illegal (I was not aware, I figured on a straight enough, long enough, open enough road one could pass however many cars they saw fit). But I do not understand why the Crown Attorney would decide that they would press "careless driving charges". I was not careless, and was a fairly responsible motorcycle rider (not all of them are).
I guess I'm to call their office, but I guess my questions are:
1.) Why can I not, as when I received a prior ticket (for improper license plate attachment to my car), talk about a plea deal? Tickets have that box to check when you send them in, but I was never given that chance at all.
2.) Assuming at some point I am given the opportunity to plea, is the proper plea attempt to get down to "improper passing"?
3.) (Doubtful members could answer this) Why in the world would they go all the way to careless, when I was in fact within the speed limit or 10 over during the pass. The motorcycle I had was a very fast bike, and yet I was keeping to the laws of the land, why would it be such a significant charge?
Any advice, comments, etc would be welcome.
Just because your bike is a lot faster then the other cars you still have to be aware of the road.
The trailer hauler was looking for his exit..
You pulled out and you didn't even guess what was going on.
(you have to take in the big picture as if you were above watching it from above)
You were careless.
Did you cross a solid line?
If so improper lane change ticket would cover it.
In the 30+ years I have been riding I only fell off two times (on dirt bikes)
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
It is not illegal. What I would suggest is contacting a paralegal to discuss the case, as careless driving is a fairly serious charge. It is possible to plead it down, but I would still recommend you at least talk to someone. 6 demerit points, up to $2000 in fines, plus the insurance increase (this can double your premiums) are a lot to be facing alone. The police officer who delivered the summons was very nice in explaining the situation to some degree. She said that I should request disclosure (either now, or at this first court date) and seek legal advice (30 minutes free?). She wasn't clear as to whether I was seeking one of those places which says "We'll get your ticket lowered for $300!!" or whether I should seek a serious lawyer (albeit, I'm a little disappointed I should have to). Are there paralegals working specifically on the HTA?
Radar Identified wrote:
Ex1100 wrote:
passing multiple vehicles at the same time is apparently illegal
It is not illegal.
What I would suggest is contacting a paralegal to discuss the case, as careless driving is a fairly serious charge. It is possible to plead it down, but I would still recommend you at least talk to someone. 6 demerit points, up to $2000 in fines, plus the insurance increase (this can double your premiums) are a lot to be facing alone.
The police officer who delivered the summons was very nice in explaining the situation to some degree. She said that I should request disclosure (either now, or at this first court date) and seek legal advice (30 minutes free?). She wasn't clear as to whether I was seeking one of those places which says "We'll get your ticket lowered for $300!!" or whether I should seek a serious lawyer (albeit, I'm a little disappointed I should have to). Are there paralegals working specifically on the HTA?
If someone in front of me slams the brakes and turns I might be a wee bit pissed, especially if there was no signal. 20 under for 5 minutes is: A. Far too slow B. Inconsiderate C. Dangerous to those lined up behind you The fact that it was 5 minutes does not suggest to me that the driver was looking for a road or house, just a slow a$$ old guy(was the driver old/young?). I think you can beat this but I would suggest legal help as well.
You pulled out and you didn't even guess what was going on.
(you have to take in the big picture as if you were above watching it from above)
If someone in front of me slams the brakes and turns I might be a wee bit pissed, especially if there was no signal. 20 under for 5 minutes is:
A. Far too slow
B. Inconsiderate
C. Dangerous to those lined up behind you
The fact that it was 5 minutes does not suggest to me that the driver was looking for a road or house, just a slow a$$ old guy(was the driver old/young?). I think you can beat this but I would suggest legal help as well.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
1. I only mentioned the speed of the bike to attempt to discern what the Crown Attorney may think ("A motorcyclist, they drive fast"), but then presented the counter argument ("I didn't, I drove safely, at speed limits"). Most motorcyclists realize you have to be 100x more aware on one than in a car. 2. Within the limited scope of a.) what police enforce, and b.) the fact that on a country-ish road there's a lack of enforcement, the fact is that it is a regular occurence for drivers to maintain speeds significantly slower than the limit. At some point, one must assume that they are doing so (whether you decide in 5km, or 50km, or 500km, that's personal choice). I stated 5+ mins at 60kph, so after more than 5km, I assumed they were simply driving slow. The trailer driver (the uhaul) was headed to Niagara Falls (another 40-50k), they were not looking for their exit at all. 3. I did make an incorrect assumption, I don't suspect doing so makes me a careless driver so much as a wrong one. I accept my contribution to the accident. Similarly, one could argue they attempted to turn left without checking their left side and also contributed through an assumption. Not all assumptions lead to accidents, not all accidents are careless. 4. I crossed a dotted + yellow line, my side had the dotted. 5. I've only fallen off my bike once, so technically I'm a 50% better driver than you. ;) (I kid, of course, you're actually 100% worse than me ;) . Keep the shiny up, Viper. Ex.
viper1 wrote:
Just because your bike is a lot faster then the other cars you still have to be aware of the road.
The trailer hauler was looking for his exit..
You pulled out and you didn't even guess what was going on.
(you have to take in the big picture as if you were above watching it from above)
You were careless.
Did you cross a solid line?
If so improper lane change ticket would cover it.
In the 30+ years I have been riding I only fell off two times (on dirt bikes)
Cheers
Viper1
1. I only mentioned the speed of the bike to attempt to discern what the Crown Attorney may think ("A motorcyclist, they drive fast"), but then presented the counter argument ("I didn't, I drove safely, at speed limits"). Most motorcyclists realize you have to be 100x more aware on one than in a car.
2. Within the limited scope of a.) what police enforce, and b.) the fact that on a country-ish road there's a lack of enforcement, the fact is that it is a regular occurence for drivers to maintain speeds significantly slower than the limit. At some point, one must assume that they are doing so (whether you decide in 5km, or 50km, or 500km, that's personal choice). I stated 5+ mins at 60kph, so after more than 5km, I assumed they were simply driving slow. The trailer driver (the uhaul) was headed to Niagara Falls (another 40-50k), they were not looking for their exit at all.
3. I did make an incorrect assumption, I don't suspect doing so makes me a careless driver so much as a wrong one. I accept my contribution to the accident. Similarly, one could argue they attempted to turn left without checking their left side and also contributed through an assumption. Not all assumptions lead to accidents, not all accidents are careless.
4. I crossed a dotted + yellow line, my side had the dotted.
5. I've only fallen off my bike once, so technically I'm a 50% better driver than you. (I kid, of course, you're actually 100% worse than me .
100% agree. It seems like the driver who turned was being inattentive and careless. I'm also surprised that the driver who turned was not charged. Another question is, why is the charge being laid several months after the fact? And Ex1100 - yes, there are paralegals who handle HTA cases. Plenty of them. Some of them post on this forum, and you can also fill out a form at the bottom of this page to get a free no-obligation quote. Talk to each possible representative and see what they have to say, how much they're willing to do, etc.
Reflections wrote:
If someone in front of me slams the brakes and turns I might be a wee bit pissed, especially if there was no signal. 20 under for 5 minutes is:
A. Far too slow
B. Inconsiderate
C. Dangerous to those lined up behind you
100% agree. It seems like the driver who turned was being inattentive and careless. I'm also surprised that the driver who turned was not charged. Another question is, why is the charge being laid several months after the fact?
And Ex1100 - yes, there are paralegals who handle HTA cases. Plenty of them. Some of them post on this forum, and you can also fill out a form at the bottom of this page to get a free no-obligation quote. Talk to each possible representative and see what they have to say, how much they're willing to do, etc.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
1. I only mentioned the speed of the bike to attempt to discern what the Crown Attorney may think ("A motorcyclist, they drive fast"), but then presented the counter argument ("I didn't, I drove safely, at speed limits"). Most motorcyclists realize you have to be 100x more aware on one than in a car. 2. Within the limited scope of a.) what police enforce, and b.) the fact that on a country-ish road there's a lack of enforcement, the fact is that it is a regular occurence for drivers to maintain speeds significantly slower than the limit. At some point, one must assume that they are doing so (whether you decide in 5km, or 50km, or 500km, that's personal choice). I stated 5+ mins at 60kph, so after more than 5km, I assumed they were simply driving slow. The trailer driver (the uhaul) was headed to Niagara Falls (another 40-50k), they were not looking for their exit at all. 3. I did make an incorrect assumption, I don't suspect doing so makes me a careless driver so much as a wrong one. I accept my contribution to the accident. Similarly, one could argue they attempted to turn left without checking their left side and also contributed through an assumption. Not all assumptions lead to accidents, not all accidents are careless. 4. I crossed a dotted + yellow line, my side had the dotted. 5. I've only fallen off my bike once, so technically I'm a 50% better driver than you. ;) (I kid, of course, you're actually 100% worse than me ;) . Keep the shiny up, Viper. Ex. You never said what the accident was about. I had to guess that you ran into a left turning vehicle.(am I right?) Cheers Viper1
Ex1100 wrote:
viper1 wrote:
Just because your bike is a lot faster then the other cars you still have to be aware of the road.
The trailer hauler was looking for his exit..
You pulled out and you didn't even guess what was going on.
(you have to take in the big picture as if you were above watching it from above)
You were careless.
Did you cross a solid line?
If so improper lane change ticket would cover it.
In the 30+ years I have been riding I only fell off two times (on dirt bikes)
Cheers
Viper1
1. I only mentioned the speed of the bike to attempt to discern what the Crown Attorney may think ("A motorcyclist, they drive fast"), but then presented the counter argument ("I didn't, I drove safely, at speed limits"). Most motorcyclists realize you have to be 100x more aware on one than in a car.
2. Within the limited scope of a.) what police enforce, and b.) the fact that on a country-ish road there's a lack of enforcement, the fact is that it is a regular occurence for drivers to maintain speeds significantly slower than the limit. At some point, one must assume that they are doing so (whether you decide in 5km, or 50km, or 500km, that's personal choice). I stated 5+ mins at 60kph, so after more than 5km, I assumed they were simply driving slow. The trailer driver (the uhaul) was headed to Niagara Falls (another 40-50k), they were not looking for their exit at all.
3. I did make an incorrect assumption, I don't suspect doing so makes me a careless driver so much as a wrong one. I accept my contribution to the accident. Similarly, one could argue they attempted to turn left without checking their left side and also contributed through an assumption. Not all assumptions lead to accidents, not all accidents are careless.
4. I crossed a dotted + yellow line, my side had the dotted.
5. I've only fallen off my bike once, so technically I'm a 50% better driver than you. (I kid, of course, you're actually 100% worse than me .
Keep the shiny up, Viper.
Ex.
You never said what the accident was about.
I had to guess that you ran into a left turning vehicle.(am I right?)
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Yes. My bike hit a vehicle as they turned left (without signal) while I was passing them. My friend actually pulled out into the oncoming traffic lane, having checked for oncoming traffic and signal lights, then proceeded to pass the 2 vehicles. I followed suit as sweep (in a 2 person group). The van missed him by near inches (he thought he was gone), but unfortunately, then was perfectly lined up to take out me. I'm not sure if the technicality of who ran into who contributes to liability, I'm curious to find out.
viper1 wrote:
You never said what the accident was about.
I had to guess that you ran into a left turning vehicle.(am I right?)
Cheers
Viper1
Yes. My bike hit a vehicle as they turned left (without signal) while I was passing them. My friend actually pulled out into the oncoming traffic lane, having checked for oncoming traffic and signal lights, then proceeded to pass the 2 vehicles. I followed suit as sweep (in a 2 person group). The van missed him by near inches (he thought he was gone), but unfortunately, then was perfectly lined up to take out me.
I'm not sure if the technicality of who ran into who contributes to liability, I'm curious to find out.
Thank you, the form had gone un-noticed. (Let's hope that my tunnel vision is post crash, or at least only linked to the internet? ;) ). I filled it out, though a friend warned me to ensure that they will attempt to quash it or lower it significantly. Apparently there are some paralegals who will get it dropped by 1 point and then claim their fee, despite possible better standings being available with more work (ie, min work for max pay, which we all do, but not what you wish to hire). Regardless, thank you, I needed to start somewhere, and the advice here has been very helpful.
Radar Identified wrote:
And Ex1100 - yes, there are paralegals who handle HTA cases. Plenty of them. Some of them post on this forum, and you can also fill out a form at the bottom of this page to get a free no-obligation quote. Talk to each possible representative and see what they have to say, how much they're willing to do, etc.
Thank you, the form had gone un-noticed. (Let's hope that my tunnel vision is post crash, or at least only linked to the internet? ). I filled it out, though a friend warned me to ensure that they will attempt to quash it or lower it significantly. Apparently there are some paralegals who will get it dropped by 1 point and then claim their fee, despite possible better standings being available with more work (ie, min work for max pay, which we all do, but not what you wish to hire).
Regardless, thank you, I needed to start somewhere, and the advice here has been very helpful.
Tomorrow is the date, to set a date. I'm sitting in front of the forms for XCopper, who promise me for $678 to get it reduced to 3 Demerits, though I think I can talk to the Crown Attorney and probably get that done on my own. XCopper does what many places do, they say that they prioritize: Waived/0 Demerits/2 Demerits/3 Demerits/Trial, which doesn't really prioritize Waived to them, as long as they get a 3 Demerits quickly, they will have earned their paycheque (5 minutes work is better than 6 hrs). I'm not sure under that condition that I'll choose them until after it comes to the idea that I need to go to court. After examining statements from the other rider, and after going to the place of accident and getting pictures of the 1 km of dashed road, I believe the other driver should have been charged with (just asked a Cop, who said it was) "Left Hand Turn Not In Safety", though I couldn't find that in the HTA itself. Any advice? It seems to me, to pay XC $700, where they have no guarantee or reasoning to reduce the fee below 3 demerits, is as good as just going down there and talking to the Crown Attorney myself. If at that point she doesn't want to deal, then would be the time to seek counsel. I attempted to have XC change their prioritization to Waived/0/Trial, but the paralegal said not to change the form.
Tomorrow is the date, to set a date. I'm sitting in front of the forms for XCopper, who promise me for $678 to get it reduced to 3 Demerits, though I think I can talk to the Crown Attorney and probably get that done on my own. XCopper does what many places do, they say that they prioritize: Waived/0 Demerits/2 Demerits/3 Demerits/Trial, which doesn't really prioritize Waived to them, as long as they get a 3 Demerits quickly, they will have earned their paycheque (5 minutes work is better than 6 hrs). I'm not sure under that condition that I'll choose them until after it comes to the idea that I need to go to court.
After examining statements from the other rider, and after going to the place of accident and getting pictures of the 1 km of dashed road, I believe the other driver should have been charged with (just asked a Cop, who said it was) "Left Hand Turn Not In Safety", though I couldn't find that in the HTA itself.
Any advice? It seems to me, to pay XC $700, where they have no guarantee or reasoning to reduce the fee below 3 demerits, is as good as just going down there and talking to the Crown Attorney myself. If at that point she doesn't want to deal, then would be the time to seek counsel. I attempted to have XC change their prioritization to Waived/0/Trial, but the paralegal said not to change the form.
I have to say sorry.(for my error) You are in the right. The person turning left needs to make sure it is clear to do it. I hope I am not too late to help. Cheers Viper1
Ex1100 wrote:
Tomorrow is the date, to set a date. I'm sitting in front of the forms for XCopper, who promise me for $678 to get it reduced to 3 Demerits, though I think I can talk to the Crown Attorney and probably get that done on my own. XCopper does what many places do, they say that they prioritize: Waived/0 Demerits/2 Demerits/3 Demerits/Trial, which doesn't really prioritize Waived to them, as long as they get a 3 Demerits quickly, they will have earned their paycheque (5 minutes work is better than 6 hrs). I'm not sure under that condition that I'll choose them until after it comes to the idea that I need to go to court.
After examining statements from the other rider, and after going to the place of accident and getting pictures of the 1 km of dashed road, I believe the other driver should have been charged with (just asked a Cop, who said it was) "Left Hand Turn Not In Safety", though I couldn't find that in the HTA itself.
Any advice? It seems to me, to pay XC $700, where they have no guarantee or reasoning to reduce the fee below 3 demerits, is as good as just going down there and talking to the Crown Attorney myself. If at that point she doesn't want to deal, then would be the time to seek counsel. I attempted to have XC change their prioritization to Waived/0/Trial, but the paralegal said not to change the form.
I have to say sorry.(for my error)
You are in the right.
The person turning left needs to make sure it is clear to do it.
I hope I am not too late to help.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Based on what you have said, you both could have been charged. You for pass unsafe, and the other driver for unsafe turn. Careless driving is often laid by the police as almost all plea to something lessor. To further demoralize you, The fault Determination Rules, found under the Insurance Act specifies who is at fault in specific collisions. In your case, you passing multiple vehicles, the Rules state you are 100% at fault. Police do not find fault or declare who is at fault. The Rules do that. The police issue tickets for things done wrong. The Provincial Offences Act permits you (any person) to lay an information. You could go before a JP and tell him/her what happened and the other driver could be charged for unsafe turn. Do not plea to anything unless all witness for the prosecution are there. Bring your friend to say that he passed right before you, so the driver should have noticed him and looked for you
Based on what you have said, you both could have been charged. You for pass unsafe, and the other driver for unsafe turn. Careless driving is often laid by the police as almost all plea to something lessor.
To further demoralize you, The fault Determination Rules, found under the Insurance Act specifies who is at fault in specific collisions. In your case, you passing multiple vehicles, the Rules state you are 100% at fault. Police do not find fault or declare who is at fault. The Rules do that. The police issue tickets for things done wrong. The Provincial Offences Act permits you (any person) to lay an information. You could go before a JP and tell him/her what happened and the other driver could be charged for unsafe turn.
Do not plea to anything unless all witness for the prosecution are there. Bring your friend to say that he passed right before you, so the driver should have noticed him and looked for you
The Fight Continues.... My court date is August 3, 2011, just under a month away. I had been given the court date since February, and have largely been doing other things in life. My paralegal had, for all intents and purposes, not contacted me about this until about 2 weeks ago (I am slightly displeased, but herein will lie the question). It was suggested by numerous websites that I apply for an 11b Constitutional Challenge, since the accident date is May 21, 2010, the first court date Oct 2010, and the actual trial date is Aug 2011. That leaves it 14-15 months since the accident date. All the delays were to have the appropriate disclosure (which wasn't provided until January). However, my paralegal has suggested that it is a waste of time, that it will take him a day to prepare such a briefing. It appears a simple form, and I am only arguing that it has been 14 months since the accident, that I appeared in court on October, November, December, January (got disclosure) and February (to set trial date and say we had disclosure), and that I have made no motions to slow down the court date. So 10 months since the first court date, and 14 months since the accident is too long. (It is possible the JP will say no, and just move on with the case, I accept that). But I am surprised that while several prominent websites have listed this as a fairly good tactic, and the St Catharines Provincial Court phone-answerer (I know, take her for what's she's worth) was reading me back the dates I had attended court, the accident date, and said it was actually a fairly likely thing to win. So really, my question is: Is my paralegal incorrect? Has anyone filed one of these and knows what happens when the court session begins, and I have asked for this? Is it really the "days work" for the paralegal, or is it a simple up/down type vote on whether they feel it took too long?
The Fight Continues....
My court date is August 3, 2011, just under a month away. I had been given the court date since February, and have largely been doing other things in life. My paralegal had, for all intents and purposes, not contacted me about this until about 2 weeks ago (I am slightly displeased, but herein will lie the question). It was suggested by numerous websites that I apply for an 11b Constitutional Challenge, since the accident date is May 21, 2010, the first court date Oct 2010, and the actual trial date is Aug 2011. That leaves it 14-15 months since the accident date. All the delays were to have the appropriate disclosure (which wasn't provided until January).
However, my paralegal has suggested that it is a waste of time, that it will take him a day to prepare such a briefing. It appears a simple form, and I am only arguing that it has been 14 months since the accident, that I appeared in court on October, November, December, January (got disclosure) and February (to set trial date and say we had disclosure), and that I have made no motions to slow down the court date. So 10 months since the first court date, and 14 months since the accident is too long. (It is possible the JP will say no, and just move on with the case, I accept that). But I am surprised that while several prominent websites have listed this as a fairly good tactic, and the St Catharines Provincial Court phone-answerer (I know, take her for what's she's worth) was reading me back the dates I had attended court, the accident date, and said it was actually a fairly likely thing to win.
So really, my question is: Is my paralegal incorrect? Has anyone filed one of these and knows what happens when the court session begins, and I have asked for this? Is it really the "days work" for the paralegal, or is it a simple up/down type vote on whether they feel it took too long?
I find it weird/unusual about disclosure as usually a summons is different from a ticket, in that the complete brief (disclosure) was available on your first October court date.
I find it weird/unusual about disclosure as usually a summons is different from a ticket, in that the complete brief (disclosure) was available on your first October court date.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a book of authorities for all the cases they want to reference. Then they have to print multiple copies, bind them, make a trip to the courthouse, and serve a copy on them. The fact that yours is simple is probably why it would take ONLY a day. Also, it's more complicated than just the amount of time since the charge. Some of that time can be counted as intake or neutral time, which means it doesn't count in the calculation. Finally, you might wonder why paralegals have to go through all this trouble if unrepresented people don't. The answer is because they know how to and it is the rules of practice. Those rules are sometimes relaxed for unrepresented individuals to ensure justice, but the fact remains that without a factum and oral argument, most challenges by unrepresented peopke are unsuccessful. Reason being that you cant rely on the judge to know the law and how it applies to your particular case, you have to present it to them in a clear and convincing manner.
It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a book of authorities for all the cases they want to reference. Then they have to print multiple copies, bind them, make a trip to the courthouse, and serve a copy on them. The fact that yours is simple is probably why it would take ONLY a day.
Also, it's more complicated than just the amount of time since the charge. Some of that time can be counted as intake or neutral time, which means it doesn't count in the calculation.
Finally, you might wonder why paralegals have to go through all this trouble if unrepresented people don't. The answer is because they know how to and it is the rules of practice. Those rules are sometimes relaxed for unrepresented individuals to ensure justice, but the fact remains that without a factum and oral argument, most challenges by unrepresented peopke are unsuccessful. Reason being that you cant rely on the judge to know the law and how it applies to your particular case, you have to present it to them in a clear and convincing manner.
I was stopped for allegedly doing 122 in a 90. I requested disclosure and like most received the minimum. The notes are just a photo copy with no explanations or typing. Only received parts of the manual that pertain to testing. Appears the officer was using a "Laser Atlanta Speed Laser", but no model or serial number is referenced in the notes. Testing is noted in two times written at the…
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly…
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for…
I thank you in advance for the opportunity to share my concern here with you and also ask for help . I have a portfolio for 21 years, 16 years in class A / Z and with my Abastract / CVOR record both clean. I was stopped by an OPP on HWY 6 towards Tobermory, On just because I was above the allowed highway limit. According to the policeman, he told me that I reached 130km / h in an…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I was going southbound on 427 and exited at Queensway (Toronto). I needed to make a right turn and it is no right turn on red. So I stop on red light. There were 3 cars in front of me. I get the green arrow pointing right. So the cars turn right and when I was turning the green arrows just turned off. There was no amber. It just turned off. So I get pulled over…
Back on august 28th around 7 40 in the morning I got pulled over by a cop in a car that was not legally registered for the road yet, Stupid as it was i was literally just taking it for a drive on my street because it was sitting for so long My street is a residential street so i didn't think i cop would be turning on it anytime soon. But of course i got unlucky. He got me gave me 3 tickets. By…
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes.
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where…
Just bought my 1st GPS. Pretty decent little outfit. Have used it on a couple of short trips and got me to the destintation properly.
I have taken it to work recently and it is not as accurate as I first had hoped. The calculation of my vehicle speed is off by 2km/hr (GPS reads high). When stationary in many locations, it does not place me exactly where I am parked. On 2 different times it…
HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week…
Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:
10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
I wasn't quiet sure where this should go, so I am going to try here.
I am 25 years old, and I have had my G2 license since March 2010. I haven't upgraded to my full G only out of not really having the time nor cash to do it as of yet. In early February of this year I was pulled over by an OPP at a RIDE program and blew a 0.031 BAC. I was unaware at the time that I was supposed to have a BAC…
I was involved in an accident last month. I was proceeding along a street with cars parked adjacent to the curb. Approaching an intersection I saw a large truck and trailer parked against the curb (no brake lights, or turn signals) so I presumed he was parked there. I approached the intersection, following the same path as all the other traffic, just to the right of the centre line. When I…
I have received 2 pieces of paper on the door of my home within the last week. Looks like I am being summons to witness for an accident where the other driver was at fault last year. (He hit me and was charged at the scene).
I'm just wondering if anyone knows how many attempts they will make to serve me, or if they will keep trying until they do ?
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…
Highway 21 is often closed in the winter. I and a lot of other people need to cross Highway 21 to get to work. Several people have told me that if a highway is closed, it's not only illegal to drive along the highway, but to cross it on any intersecting road, because while you cross it you're technically driving on a closed road.
Hi all, I was ticketed for this offense while on a bicycle where I "turned left" at a red light without first coming to a complete stop at the red light. It was a T-intersection where I was facing the straight through lanes (4 lanes, two in each direction) and a side street came in from the right only (2 lanes, one in each direction), and no vehicles or pedestrians were entering from the right at…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation sticker on the back as required but gave him one of the blank copies by accident. He came back with…