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: 9148

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: 5108

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: 11212

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: 2700

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: 5108

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: 11212

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: 2965

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: 4057

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: 4017

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: 6923

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: 4017

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: 2838

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: 6031

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: 7395

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 ...