Search found 89 matches

by OTD Legal
Wed Jan 18, 2017 10:44 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 10084

Re: 144(18) accident involved PLEASE HELP

I was involved in a collision where a man was making a left had turn as I was going straight as I had a green light. our cars collided. Three witnesses present, one said he didnt see the color of the traffic light whilst two pedestrians claimed I was going through the red light. The pedestrians have been summoned to be present in court along with ...
by OTD Legal
Mon Jan 16, 2017 12:13 pm
Forum: Failing to remain at the scene of a collision
Topic: Fail to remain?
Replies: 4
Views: 5576

Re: Fail to remain?

Correction: Looks like I misread Whenaxis' posting. His referral to set fine and no demerit points was in relation to a potential lesser offence and not regarding the original offence.
by OTD Legal
Mon Jan 16, 2017 11:58 am
Forum: Careless Driving
Topic: Careless Charge - No Accident
Replies: 24
Views: 12647

Re: Careless Charge - No Accident

So I never took down the video, Unsure of why it was removed. Anyways, due to the severity of the charge, I think I will just seek a plea deal out of it. I was never willing to fight this one on my own (was going to hire a lawyer), just wanted opinions on whether I should accept a plea bargain (something I could do on my own), or hire a lawyer to ...
by OTD Legal
Mon Jan 16, 2017 11:23 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 135KM in 100km- Trial or ER?
Replies: 5
Views: 2944

Re: 135KM in 100km- Trial or ER?

Disclosure should be requested and provided before an early resolution meeting. Neither the defence nor the Prosecutor can run a resolution meeting (or trial) without having reviewed evidence.

Reduced speeding cases are generally all-or-nothing defences, but it is almost always certainly in the best interests of the matter to run a resolution ...
by OTD Legal
Mon Jan 16, 2017 11:10 am
Forum: Failing to remain at the scene of a collision
Topic: Fail to remain?
Replies: 4
Views: 5576

Re: Fail to remain?

The above information from Whenaxis on FAIL TO REMAIN contrary to HTA section 200(1)(a) is incorrect.

HTA s.200(1)(a) must be issued by summons and does not have a set fine. General information on FAIL TO REMAIN may be found and the penalty section for this section of the act is as follows:

"Penalty

(2) Every person who contravenes this section ...
by OTD Legal
Tue Jan 10, 2017 3:25 pm
Forum: Careless Driving
Topic: Careless Charge - No Accident
Replies: 24
Views: 12647

Re: Careless Charge - No Accident

At the beginning of the video, you appear to blow through a clearly posted stop sign when you turn right. As pointed out, the video does appear to show you also driving faster than the posted speed limit, and then swerving around the vehicle that pulled out (apparently not properly stopping at the intersection). The officer notes the posted speed ...
by OTD Legal
Tue Jan 10, 2017 12:30 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 35km over reduced to 20km- STUDENT
Replies: 4
Views: 3129

Re: 35km over reduced to 20km- STUDENT

Caught Jan. 2017 doing 135km in a 100km (OPP highway- QEW EB Toronto @ third line), officer reduced ticket to 120km. Just recently plead guilty in august 2016 from a car accident to following too close (2 dermits, $110 fine) from a careless driving charge (6 points, $490 fine).

1. Should I do early resolution or trial? I know from research trial ...
by OTD Legal
Mon Jan 09, 2017 4:35 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding Trial - Prosecutor Questions to Defendant
Replies: 13
Views: 4406

Re: Speeding Trial - Prosecutor Questions to Defendant

Generally we do not have a client present for trial on a Speeding matter unless they can absolutely and unequivocally state under oath that they were at or below the speed limit the entire time. It is important to keep in mind that these charges are generally issued based on the peak speed of the vehicle regardless of the length of time that the ...
by OTD Legal
Mon Jan 09, 2017 4:16 pm
Forum: Driving While Suspended
Topic: DWI on suspended license
Replies: 6
Views: 4264

Re: DWI on suspended license

I am not sure.... he is currently estranged from the family and we only get parts of the story. I would assume he has been charged but only because he has to appear in court but I cannot confirm with what he has been charged.

Unfortunately without more specific information, it is hard to comment.

If he's only been charged with Drive Under ...
by OTD Legal
Mon Jan 09, 2017 2:19 pm
Forum: Hand-held devices
Topic: handheld communication device 778.1(1) ticket
Replies: 11
Views: 7159

Re: handheld communication device 778.1(1) ticket

thanks again for the explanation. so if I pay the original fine - and then the JP lowers the fine do I get back the difference ?
also based on what you said about the "guilty with explanation" wouldn't be a good idea then to choose "option 2 Early resolution" and meet with a prosecutor ? and explain him the situation ? could I get a reduced fine ...
by OTD Legal
Mon Jan 09, 2017 2:07 pm
Forum: Driving While Suspended
Topic: DWI on suspended license
Replies: 6
Views: 4264

Re: DWI on suspended license

Ok so my brother in law was caught the other day after he drove into a ditch for driving while having a suspended license. His license was suspended due to a seizure he suffered months ago. So not only was his license suspended but he was found to have a BAC of 3x the legal limit. He is scheduled to appear in court on January 17 2017. I have done ...
by OTD Legal
Mon Jan 09, 2017 1:36 pm
Forum: General Talk
Topic: Driver charged with Stunt driving for third time in 10 month
Replies: 3
Views: 3002

Re: Driver charged with Stunt driving for third time in 10 m

There are some big issues with this:

"This is the third time this driver has been charged with Stunting in the last 10 months."

Considering each offence carries a 6 demerit point penalty, this driver (justifiably) may well have his driver's licence suspended by the MTO. Beyond that, Crown Prosecutors seek greater and greater penalties at Court ...
by OTD Legal
Mon Jan 09, 2017 1:18 pm
Forum: Careless Driving
Topic: Careless Driving - Left Turn Hit A Pedestrian
Replies: 6
Views: 6397

Re: Careless Driving - Left Turn Hit A Pedestrian

A couple nights ago I was driving in the rain. I was at a 3 way intersection waiting to make a left turn. When i got the advanced green (may have just been a green light) I went and I didn't see any pedestrians. I proceeded to go but at the very end of my turn I saw someone walking towards my car. I abruptly stopped and triggered my abs brakes ...
by OTD Legal
Thu Jan 05, 2017 4:32 pm
Forum: General Talk
Topic: Wrong name, wrong address, wrong gender, no DL# on ticket
Replies: 8
Views: 7763

Re: Wrong name, wrong address, wrong gender, no DL# on ticke


The time is wrong.
The name is COMPLETELY wrong and bears absolutely no resemblance to my name.
The address is completely wrong (probably belongs to the name listed on the ticket)
The birthdate is completely wrong (ditto from above)
The gender is wrong (ditto from above)
There is no signature on the electronic ticket
and.
There is no Driver's ...
by OTD Legal
Thu Jan 05, 2017 1:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 20 km/h over (80 in 60) and Failure to Change Address
Replies: 9
Views: 4888

Re: 20 km/h over (80 in 60) and Failure to Change Address


My main concern isn't demerit points. As stated, I had a clean driving record up to this point, so I'm not worried about 3 points.

I'm mostly worried about insurance. I'm a 22yo male, which has my insurance high enough as is, and both tickets would raise my insurance to my knowledge, since they're both under the HTA (iirc they're both minors). I ...
by OTD Legal
Thu Jan 05, 2017 1:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket + 2 more the same day.
Replies: 9
Views: 3931

Re: Speeding ticket + 2 more the same day.

Generally, you can not create a problem at court and then benefit from it.

If you will be filing your own disclosure request, the court will likely have included a default form with your Notice of Trial. Read the instructions on that form carefully before completed it and serving it upon the Prosecutor's Office or alternate party listed on the ...
by OTD Legal
Thu Jan 05, 2017 1:26 pm
Forum: Compulsory Automobile Insurance Act
Topic: Rear Ended with no insurance
Replies: 6
Views: 4397

Re: Rear Ended with no insurance

Where do I go from here? I understand putting insurance on it tomorrow will be like closing the gate after the cows escape however it was something I was going to proceed with anyways. Should I drive to the collision centre and report everything then notify them I didn't have insurance but do now? Will my vehicle still get damages fixed if I am ...
by OTD Legal
Thu Jan 05, 2017 12:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 92 KM/H in 60KM/H HWY 7 East/Bayview (Disclosure received)
Replies: 4
Views: 2988

Re: 92 KM/H in 60KM/H HWY 7 East/Bayview (Disclosure receive

A point of caution. As I understand, from what you have stated: Your current offence is 20 km/h over the posted speed limit, reduced at roadside from 32 km/h over the posted speed limit.

The roadside reduction dropped you from the second-highest bracket of speeding offences (30-40) and 4 demerit points, down to the next lower bracket (16-29) and 3 ...
by OTD Legal
Thu Jan 05, 2017 12:26 pm
Forum: General Talk
Topic: Cell Phone Ticket. Need Advice
Replies: 29
Views: 12313

Re: Cell Phone Ticket. Need Advice



I called the City court house and at this point they advised me to submit a notion for a earlier court appearance to make a request with the JP for adjournment of the trial date. Does this make sense? I can only submit a notion for trial date adjournment only once?

Some Ontario courts will permit an administrative adjournment for a FIRST court ...
by OTD Legal
Thu Jan 05, 2017 12:13 pm
Forum: General Talk
Topic: Contesting Fail 2 Surrender Insurance card ticket after paid
Replies: 6
Views: 4855

Re: Contesting Fail 2 Surrender Insurance card ticket after

Your chances of re-opening a ticket that you paid are pretty much nil.

Sidebar....it's stuff like this that just burns me up. People are negative about police because of the huge impact a ticket has on them financially. It is nothing to do with the fine but the increased insurance premiums. How on earth does not having your friend's insurance ...
by OTD Legal
Thu Jan 05, 2017 11:28 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17605

Re: Careless driving - left turn causing collision

Just call them and ask if it is ready. If you still have not received it by the trial date (or get less than 2 weeks before the trial) then you can ask for an adjournment at the trial and say you want to have time to review the disclosure with a lawyer.

Most Prosecutor Offices will not mail out disclosure packages and you will likely be required ...
by OTD Legal
Thu Jan 05, 2017 11:22 am
Forum: General Talk
Topic: Warn Range a year ago. Help thanks.
Replies: 4
Views: 2902

Re: Warn Range a year ago. Help thanks.

I got a war range suspension last November and was wondering why my insurance never went up. I never told my insurance company about it because the officer told me that it was more of a warning and not an actual criminal offence. I get bad anxiety that it will come back and bite me at some point. I know what I did was wrong but I still feel like I ...
by OTD Legal
Thu Jan 05, 2017 10:48 am
Forum: Careless Driving
Topic: Just got slapped with a Careless Driving/Speeding two-fer...
Replies: 10
Views: 4534

Re: Just got slapped with a Careless Driving/Speeding two-fe


So the officer comes up, gives me the whole "being recorded" protocol, and informs me that I was going 76 in a 40 across the bridge. Hand to god, I had zero clue that I was doing this. He tells me that based on that, and because of the weather conditions (it wasn't snowing, and the roads were quite clear), traffic (of which there really wasn't ...
by OTD Legal
Thu Jan 05, 2017 10:32 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Reduced Construction Zone Ticket - Disclosure Attached
Replies: 4
Views: 3446

Re: Reduced Construction Zone Ticket - Disclosure Attached

The bad news is that officer says he maintained 20meters behind you for 1km at a steady 120km/h.

The other bad news is that if you take it to court and lose, it will be raised back up to the 40 over instead of the 15 over. So this means 4 demerits instead of 0 demerits and probably a significantly larger fine. For insurance purposes though, there ...
by OTD Legal
Thu Jan 05, 2017 10:19 am
Forum: Careless Driving
Topic: Careless Driving Charge for switching several lanes etc.
Replies: 14
Views: 5765

Re: Careless Driving Charge for switching several lanes etc.

Hello everyone,

I believe I was charged a ridiculous offence. No tickets, 11 years licences, no accidents etc.
My first ticket, he gave me a careless driving charge.

He followed me for a good few minutes before pulling me over. Why didn't he pull me over immediately?


General information on Careless Driving offences can be found here , and ...
by OTD Legal
Wed Jan 04, 2017 3:07 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 20 km/h over (80 in 60) and Failure to Change Address
Replies: 9
Views: 4888

Re: 20 km/h over (80 in 60) and Failure to Change Address

The Speeding offence is a 3 demerit point offence from what you describe, and the other ticket should be a 0 demerit point offence.

Withdrawing a 0 demerit point offence upon condition of pleaing to a 3 demerit point offence may not be a particularly beneficial resolution.
by OTD Legal
Thu Dec 22, 2016 9:21 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help to Decipher Notes - 109 in 80
Replies: 11
Views: 5093

Re: Help to Decipher Notes - 109 in 80

I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.

Thanks! Ha I think I was reading your post elsewhere too while researching for tips.

I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I ...
by OTD Legal
Thu Dec 22, 2016 9:19 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17177

Re: No written notes only In car camera from police

"If I lose the case, I pay whatever on the ticket. Unless the judge want to risk his cosy job, I dare him to increase the set fine"
This guy is a hoot...I beg you sir, please post the time, date and location of your trial

As a word of caution to the original poster... Failure to pay the fine allocated by the Court within the given payment period ...
by OTD Legal
Wed Dec 21, 2016 11:15 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 25665

Re: Missing Set Fine - Missing Total Payable

What is the expected timeline on receiving the letter in the mail (either stating it was quashed or stating I am guilty and have the option to appeal?)

If the ticket is quashed, you will not get a letter in the mail. You will need to follow up with the court after the non-response review of your ticket. You would only get a notice of conviction ...