Search found 41 matches

by 287
Tue Oct 06, 2015 8:06 pm
Forum: General Talk
Topic: Ran a red light and caused an accident
Replies: 34
Views: 13626

Re: Ran a red light and caused an accident

Hello,

I cannot offer an experienced answer to your question; sorry. But I wanted to respond none the less. We call them "accidents" not "on purposes" for a reason. This was a sentement shared with me when I backed into a car that I inexplicably managed to never see before I heard the crunch. I understand that likely your failure to pay the proper ...
by 287
Tue Aug 19, 2014 11:58 am
Forum: General Talk
Topic: Difference between a Crown Attorney and a Prosecutor
Replies: 2
Views: 4272

Re: Difference between a Crown Attorney and a Prosecutor

Thank you ynotp, your response makes is all clearer.
by 287
Tue Aug 19, 2014 9:36 am
Forum: General Talk
Topic: Difference between a Crown Attorney and a Prosecutor
Replies: 2
Views: 4272

Difference between a Crown Attorney and a Prosecutor

Hello,

I am interested in knowing if there is a distinction/difference between the roles of a Crown Attorney and a Prosecutor as it relates to court procedure?

Just figured someone here may know. I appreciate the insight. Thanks!
by 287
Thu Jun 19, 2014 2:11 pm
Forum: Careless Driving
Topic: First Accident - Careless Driving Charge
Replies: 3
Views: 4648

Re: First Accident - Careless Driving Charge

Hello.

I would not plea guilty to the ticket and mail them a cheque at this point. I agree that your chances of having the ticket reduced is very high. This can be done at an early resolution meeting or on the date of a trial, before the trial begins. I recently attended a few days in provincial court in Caledon, and every ticket brought before ...
by 287
Thu Jun 19, 2014 1:52 pm
Forum: General Talk
Topic: Observations from Early Resolution
Replies: 3
Views: 9659

Re: Observations from Early Resolution

Follow up:

Trial date was set for end of June, and then a motion to adjourn was submitted as the other driver was unwilling to attend on the trial date. Rather than face additional delays, attended court on the morning the motion was to be heard, and plea bargained with prosecutor. Agreed on a 2 point offence, failure to turn out left... I think ...
by 287
Thu Jun 19, 2014 1:39 pm
Forum: General Talk
Topic: Notified of motion to adjourn
Replies: 7
Views: 2912

Re: Notified of motion to adjourn

The representative we hired did not have your knowledge/expertise/willingness to fight, and I can honestly say it is in short supply.

Today's motion to adjourn turned into a plea bargaining session, as my daughter did not want to have this matter carry on any longer. The prosecutor looked over everything, asked a few questions, referred to the ...
by 287
Thu Jun 19, 2014 1:26 pm
Forum: General Talk
Topic: Officer never asked to see driver's license
Replies: 2
Views: 1852

Re: Officer never asked to see driver's license

Thank you Highwaystar. I asked the person representing the defendant in the proceeding the same question and was told that it really would not be an issue. A plea deal was agreed upon in the end, as trial would have meant waiting longer, and that was not well tolerated by the defendant. I have learned so much from your feedback, and others here ...
by 287
Thu Jun 19, 2014 8:32 am
Forum: General Talk
Topic: Officer never asked to see driver's license
Replies: 2
Views: 1852

Officer never asked to see driver's license

Good day,

If a ticket is issued to an Ontario driver, and the officer who issues the ticket never asked to see the driver's license of the accused, would it matter in court when defending against the ticket? Please assume the officer obtain the driver license # through other means.
by 287
Wed Jun 18, 2014 10:08 pm
Forum: General Talk
Topic: Notified of motion to adjourn
Replies: 7
Views: 2912

Re: Notified of motion to adjourn

Good Evening,

Met with a new representative. He is advising that it would be bad form/improper to seek to contest the adjournment as the crown has done everything proper to request the adjournment, and since the victim has asked for a reschedule it will most certainly be granted regardless of their reasons for not attending. His thought is the ...
by 287
Tue Jun 17, 2014 7:43 pm
Forum: General Talk
Topic: What is correct charge: Crashing into parked car?
Replies: 3
Views: 2530

Re: What is correct charge: Crashing into parked car?

Hello.

I agree carless would be harsh; not that it matters though as people are charged with it all the time for small transgressions such as this. If the other driver is accepting responsibility, and perhaps offering to fix the damage, is a charge even necessary? I don't think every collision should result in a charge, or become a matter for ...
by 287
Thu Jun 05, 2014 11:18 am
Forum: General Talk
Topic: Notified of motion to adjourn
Replies: 7
Views: 2912

Re: Notified of motion to adjourn

Argh, figures! Darling daughter has a final exam at the same time the adjournment motion is scheduled for, she will not be able to attend.

Not sure if I will be able to find new representation before, they really didn't give much time for this. Can I go, as her parent? Do I need a letter from her?

Thanks a great deal
by 287
Thu Jun 05, 2014 10:40 am
Forum: General Talk
Topic: Notified of motion to adjourn
Replies: 7
Views: 2912

Re: Notified of motion to adjourn

Thank you a bunch Highwaystar! Your response helps a great deal to guide our next move.
by 287
Wed Jun 04, 2014 6:27 pm
Forum: General Talk
Topic: Notified of motion to adjourn
Replies: 7
Views: 2912

Notified of motion to adjourn

Hello,

Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big ...
by 287
Mon Jun 02, 2014 5:34 pm
Forum: Careless Driving
Topic: Rear ended school bus 2X - court dates soon. Advice please
Replies: 13
Views: 5075

Re: Rear ended school bus 2X - court dates soon. Advice plea

Outstanding! Congrats.

Can you provide any details as to how your strategy worked? There are so many here hoping to make the same happen.

Cheers!
by 287
Mon Jun 02, 2014 5:30 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Possible Fatal Error on my Speeding Ticket
Replies: 9
Views: 3749

Re: Possible Fatal Error on my Speeding Ticket

Hello,

I had no problem getting disclosure while waiting for an Early Resolution meeting to come up. It was ready within a day for pick up.
by 287
Tue May 13, 2014 1:50 pm
Forum: Careless Driving
Topic: Careless Driving
Replies: 7
Views: 3434

Re: Careless Driving

Hello,

I'm with bend, don't think the lack of a cone has any relevance.

If you are looking to have the charge reduced, Early Resolution is an option for you. It is likely that a lesser charge will be offered for a plea of guilty. Highly unlikely the charge will be withdrawn, or that you will have any opportunity to express any opinion as to why ...
by 287
Mon May 12, 2014 1:16 pm
Forum: Failing to yield the right-of-way
Topic: Fail to yield on through highway, no signature by cop
Replies: 6
Views: 4427

Re: Fail to yield on through highway, no signature by cop

Hello,

I requested disclosure before receiving a trial date from the Caledon East Court, and received it, no problem. At the time was waiting for an Early Resolution meeting date, so had not even requested a trial and was able to get disclosure.
by 287
Wed May 07, 2014 1:03 pm
Forum: General Talk
Topic: option 2 ! MY trip down the rabbit hole begins - advise pls
Replies: 2
Views: 2097

Re: option 2 ! MY trip down the rabbit hole begins - advise

Hello,

I attended an Early Resolution meeting in March, in Caledon East,based on that experience I offer the following (not sure if things vary one court to another):

1> Is it obvious whom and where I need to present myself to? As I have an appointment is there a booking/ticket/queue system or do I just go up and talk to someone.
--- There was a ...
by 287
Tue Apr 15, 2014 10:25 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Toronto speeding 83 in 60 zone
Replies: 4
Views: 2754

Re: Toronto speeding 83 in 60 zone

Yes, you have the option of going to trial if you do not like the deal offered at ER. You will also likely be offered a deal before a trial begins on the date they set the trial for as well.

Generally, ER is all about agreeing on what you will plead guilty to. Do not expect a charge to be withdrawn.

Also note, if the charge was reduced roadside ...
by 287
Fri Apr 04, 2014 2:27 pm
Forum: Careless Driving
Topic: Rear ended school bus 2X - court dates soon. Advice please
Replies: 13
Views: 5075

Re: Rear ended school bus 2X - court dates soon. Advice plea

My thoughts on this question:
Also is there any chance of getting a lesser charge or having it dropped at all. I know a couple of people with careless driving who got it dropped to following to closely, other lesser charges and one even dropped completely. How do they do this?

Very good chance of having the charge reduced. You can do this through ...
by 287
Wed Mar 12, 2014 3:20 pm
Forum: General Talk
Topic: Observations from Early Resolution
Replies: 3
Views: 9659

Observations from Early Resolution

Hello,

Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested.

-There were several people with the same meeting time and date
-Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no ...
by 287
Mon Mar 10, 2014 7:47 pm
Forum: General Talk
Topic: Early Resolution Meeting - Advise Appreciated
Replies: 5
Views: 10525

Re: Early Resolution Meeting - Advise Appreciated

Got it. Thank you. The truth will not set her free and can bring on bigger problems. Hope for a 3 point or lower offer, and set it down for trial if not; with a representative.

Have had an acquaintance who is a Toronto force sergeant offer to go with us; we have met so many officers in a very short period of time with the other events. Will get ...
by 287
Mon Mar 10, 2014 12:09 am
Forum: General Talk
Topic: Early Resolution Meeting - Advise Appreciated
Replies: 5
Views: 10525

Re: Early Resolution Meeting - Advise Appreciated

Thank you ynotp. The statement I gave to the police did not contain lies, it was lacking details that I was not aware of at the time. For example that the road surface was very dirty and she slid when she applied the brake. No questions were ever asked of her, so she did not lie. Though I do recognize it wasn't right, and I am open to the idea that ...
by 287
Sat Mar 08, 2014 4:42 pm
Forum: General Talk
Topic: Early Resolution Meeting - Advise Appreciated
Replies: 5
Views: 10525

Early Resolution Meeting - Advise Appreciated

Hello,

I hope everyone is enjoying our warming days!

My 17yr old daughter has an early resolution meeting this week and I would like some advise on how to deal with a difficult situation. She is a G2 driver, charged with careless, following a minor fender bender, where momentary inattention lead to her hitting a car from behind. No injuries ...
by 287
Fri Feb 28, 2014 1:49 pm
Forum: Careless Driving
Topic: First Accident - Careless Driving
Replies: 2
Views: 2808

Re: First Accident - Careless Driving

Hello. I sympathise with your situation, and I am sure others who read your account will too, as charges for careless are seemingly very common in situations such as you describe. Although I cannot answer your specific questions I have learned a few things going through the system as my daughter was charged in October that you may find helpful ...
by 287
Tue Feb 25, 2014 1:00 pm
Forum: General Talk
Topic: Getting a professional opinion
Replies: 10
Views: 3360

Re: Getting a professional opinion

You are correct Stanton, her license will be suspended with a 4 point conviction...the problems that will create are very large. She will not be able to work this summer (already has a full time job li ed up) and even though she has offers from 2 universities, she may not be able to attend. The fall out from such a minor collision is astounding to ...
by 287
Fri Feb 21, 2014 10:01 am
Forum: General Talk
Topic: Getting a professional opinion
Replies: 10
Views: 3360

Re: Getting a professional opinion

Sorry, that is suppose to read, been rear ended no less than 4 times. I'm all thumbs! Thanks
by 287
Fri Feb 21, 2014 9:58 am
Forum: General Talk
Topic: Getting a professional opinion
Replies: 10
Views: 3360

Re: Getting a professional opinion

The crown most likely listens to the "momentary inattention" story everyday. They'll definitely have you test it with the JP to see if they believe it and if your daughter is unshaken under cross-examination. --- Interesting, hadn't thought of it this way. So, if the testimony never changes and it was a matter of a sneeze, and a very dirty road ...
by 287
Tue Feb 18, 2014 6:44 pm
Forum: General Talk
Topic: Getting a professional opinion
Replies: 10
Views: 3360

Getting a professional opinion

Hello,

My daughter has been charged with careless driving, and I would say that the case involves "momentary inattention". There was an accident, a rear end collision, with under $1000 of damage to both cars combined. She has obtained disclosure, and has an appointment with a prosecutor for early resolution in a few weeks.

I am interested in ...
by 287
Fri Feb 07, 2014 2:35 pm
Forum: Courts and Procedure
Topic: How is time spent waiting for Early Resolution counted?
Replies: 1
Views: 2058

How is time spent waiting for Early Resolution counted?

Hello everyone.

Currently, does the court consider the time spent waiting for an Early Resolution meeting to be neutral when filing for an 11b? Does the clock only start ticking once you file for trial?

Much appreciated :)