Search found 89 matches

by OTD Legal
Tue Dec 20, 2016 10:21 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 would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."

This advice will help you with a more digestible and readable version of the officer's notes.

The officer has included 'R' in the code box to indicate the roadside reduction ...
by OTD Legal
Tue Dec 20, 2016 10:13 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7170

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

argyll wrote:But that doesn't say 'for offences committed by drivers of motor vehicles'.
Correct.
by OTD Legal
Tue Dec 20, 2016 10:12 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7170

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

If you have been charged under HTA s.144(18), the 3 demerit point penalty WILL apply against your driver's licence..

Per HTA s.56(1) , the demerit system only applies to motor vehicles and street cars.

Demerit point system
56. (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor ...
by OTD Legal
Tue Dec 20, 2016 9:58 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17605

Re: Careless driving - left turn causing collision

Disclosure requests are made in advance of the defence and prosecution being able to sit down and discuss the file. The primary purpose of an early resolution meeting is for the two sides of the case to reach a reasonable understanding about how the Court would likely rule on the matter at trial. If the merits of the Prosecutor's case are such that ...
by OTD Legal
Mon Dec 19, 2016 11:26 am
Forum: General Talk
Topic: Happy Christmas all
Replies: 7
Views: 2752

Re: Happy Christmas all

A merry Christimas and happy holiday season to everyone as well!

For a little holiday humour: Dear Santa: Sleigh Bell Tickets In Ontario
by OTD Legal
Mon Dec 19, 2016 11:14 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7170

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

If you have been charged under HTA s.144(18), the 3 demerit point penalty WILL apply against your driver's licence. A bicycle is still included in the definition of a vehicle, albeit an non-motorized one.

These matters can sometimes be negotiated to a lesser 0 demerit point offence, although the lesser offence will still show on your driving ...
by OTD Legal
Mon Dec 19, 2016 10:54 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17605

Re: Careless driving - left turn causing collision

To follow-up on what jsherk wrote, yes, Careless Driving is a very serious offence and you may wish to seek out legal representation. It is unfortunate to see self-represented defendants at court having a Careless Driving matter go off the tracks at court and ending up convicted, accepting a plea to lesser offence that is not a good resolution, or ...
by OTD Legal
Mon Dec 12, 2016 10:44 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 25665

Re: Missing Set Fine - Missing Total Payable

Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook.

If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.

It will depend on what ...
by OTD Legal
Thu Dec 08, 2016 11:17 am
Forum: Hand-held devices
Topic: Urgent help needed: Handheld Comm Device-Trial is on Dec22
Replies: 8
Views: 3671

Re: Urgent help needed: Handheld Comm Device-Trial is on Dec

It sounds like you've been charged under HTA section 78.1 :

"78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c ...
by OTD Legal
Thu Dec 08, 2016 10:13 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 25665

Re: Missing Set Fine - Missing Total Payable

Hi,
I received a speeding ticket today (73km in a 50km zone). The ticket has all the correct information, the only missing information is the SET FINE and the TOTAL PAYABLE, both of these items have nothing written in the boxes.... Any advice on how to proceed with a ticket with this issue?


It is possible that the officer will notice their ...
by OTD Legal
Wed Dec 07, 2016 1:02 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14338

Re: Stunt Driving - NEED ADVICE PLEASE


If they offer you a deal for Speeding 49 over, then you should probably take that and run. Here is why...


To put just a slightly fine point on this, it depends. If it is your lucky day that the particular Prosecutor has a busy docket, is being generous, and has no serious defects in their case. Yes, it may be a good deal to accept.

However ...
by OTD Legal
Wed Dec 07, 2016 12:52 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27969

Re: Appeal Red light conviction

screeech wrote:You must also pay the fine before they will accept and appeal...If you win at appeal, they mail you the money back...there is a way around paying the fine for exceptional cases...
Correct, a separate application to appeal without paying the fine can be made of there is a basis to do so.
by OTD Legal
Wed Dec 07, 2016 12:39 pm
Forum: General Talk
Topic: Ministry Interview
Replies: 10
Views: 7875

Re: Ministry Interview

So I received a letter today saying that I need to meet with the Ministry to discuss my driving record. The standard 9 points interview letter. Currently, I have 4 points on my record, but I hit 9 in September (5 points expired that end of that month, and I got convicted of a 49 over which put me at 9). So what I'm trying to figure out is what ...
by OTD Legal
Wed Dec 07, 2016 11:59 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 36407

Re: Speeding and Follow Too Closely


No, I think what he is saying is that whether or not the officer was speeding, has no bearing on YOUR ticket.

Correct. There is no case law that I am aware of that would support this argument.

One of the common pitfalls that I see of self-representing defendants in trials is that they open themselves up to cross-examination and promptly ...
by OTD Legal
Tue Dec 06, 2016 4:37 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Stopped for 30-49km/h over but reduced...G2
Replies: 10
Views: 4789

Re: Stopped for 30-49km/h over but reduced...G2

Jonsmith, much of the advice above is correct. To summarize a few points:

Regarding impact to insurance, check with your insurance broker. There is considerable variation from insurance company to insurance company on how risk assessment is calculated. Being that a 4 demerit point conviction would result in a mandatory 30 day licence suspension ...
by OTD Legal
Tue Dec 06, 2016 4:08 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14338

Re: Stunt Driving - NEED ADVICE PLEASE


So what I should do is to go the summons, plead not guilty and then request for disclosure? I am totally new to these legal activities so any clarification or advice is appreciated.

In contesting the offence you have two options. to either self-represent if you feel comfortable and capable in doing so or to retain a paralegal. A licenced ...
by OTD Legal
Tue Dec 06, 2016 1:33 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14338

Re: Stunt Driving - NEED ADVICE PLEASE


So you are saying that there is no hope for me to get something reduced?

No. There is always hope for a legal argument before trial or at trial to be found to have the offence thrown out. However, those issues will come out of what the Crown has or has not got to work with after receiving a disclosure of their evidence. Your rate of speed is a ...
by OTD Legal
Tue Dec 06, 2016 12:39 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14338

Re: Stunt Driving - NEED ADVICE PLEASE

Hi

I was having a really bad day and was into my thoughts at 10 pm in hwy 7 and did not realize that I was going at about 70 km/h over the speed limit. The police got me and I honestly am still in shock. I really am sorry. I never had any tickets since I got my license in 2011 (am 26 y/o). I need my car to go to work and to go to school. Am not ...
by OTD Legal
Thu Dec 01, 2016 2:02 pm
Forum: General Talk
Topic: driving to US - questions
Replies: 13
Views: 3608

Re: driving to US - questions

Will you be using the Thruway between Buffalo and Rochester? If so, that's one of the most heavily patrolled sections. State Troopers do not give much leeway there. I've heard they'll pull drivers over at only 75 mph (120 km/h). You should probably stick to what the people with New York plates are doing. Also, if you see a lot of State Troopers ...
by OTD Legal
Thu Dec 01, 2016 12:42 pm
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for a school bus
Replies: 4
Views: 5154

Re: Unintentionally failed to stop for a school bus


2) If you were not pulled over at the scene, the owner of the vehicle would likely be charged since no one is going to know who was driving. There's no demerit points and no insurance implications.


I would be cautious of this statement. The OP and his family would be best to speak with their broker in regards to this issue. Being charged as ...
by OTD Legal
Thu Dec 01, 2016 12:38 pm
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for a school bus
Replies: 4
Views: 5154

Re: Unintentionally failed to stop for a school bus

I want to point out first of all that I am a G2 driver, today though as I was driving my friend to her Mom on my way home I had unintentionally failed to stop for a school bus I was driving about 50km/h which was the speed limit in that area and there was the school bus coming it was stopping although it had it's flashing red but the stop sign had ...
by OTD Legal
Thu Dec 01, 2016 12:30 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 36407

Re: Speeding and Follow Too Closely

@screech - That is news to me. I thought that you received the points for ALL the convictions.

Screech is correct. If multiple charges are issued from the same incident, the defendant will only receive the demerit points for the offence with the highest number of demerit points. The defendant will still get a record of conviction for each ...
by OTD Legal
Wed Nov 30, 2016 3:35 pm
Forum: Failing to stop for a school bus
Topic: How long does it take before getting mailed a ticket?
Replies: 5
Views: 17903

Re: How long does it take before getting mailed a ticket?

Just curious, assuming a driver reports you, how long is the timeline before getting a ticket in the mail? Although I'm confident I would win the case (had dashcam on and could not safely stop), I'm just curious how long it takes on average to receive a ticket in the mail?

Generally the police can issue a summons up to 6 months from the offence ...
by OTD Legal
Tue Nov 29, 2016 4:38 pm
Forum: General Talk
Topic: 0 demerit points
Replies: 9
Views: 4301

Re: 0 demerit points

So I got a speeding ticket for driving 70km/h in a 60km/h zone. Apparently I was driving 80 but the officer was nice and reduced it for me so it won't affect my insurance, which I appreciated. He said I had a clean record, that's why he did that.

What I want to know if it is still worthwhile to fight it. I was going with with the speed of the ...
by OTD Legal
Mon Nov 28, 2016 4:44 pm
Forum: Driving While Suspended
Topic: Suspended due to unpaid fine - how long till I can drive aga
Replies: 1
Views: 3472

Re: Suspended due to unpaid fine - how long till I can drive

Got a ticket for expired plate stickers, forgot to pay the fine as I had received it right before leaving for Cuba. Got a letter on Monday saying my license was suspended. I also received a letter from a collection agency telling me I owe them $200. I tried paying gatestone online but they said the payment won't be processed until the 21st. Can I ...
by OTD Legal
Mon Nov 28, 2016 4:03 pm
Forum: General Talk
Topic: ***25 yr old suspension that i never knew i had****
Replies: 5
Views: 2470

Re: ***25 yr old suspension that i never knew i had****

I don't want to make this a long drawn out story but i am at a loss for words after going to exchange my Florida Driver's License for an Ontario one today. I am 44 yrs old and i have never had a bad license. I have lived in FL the majority of my life however I do have Dual citizenship. When I was 19 I went to University for one year in Ottawa ...
by OTD Legal
Mon Nov 28, 2016 2:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 4 demerit pts suspension - Insurance Driver's Abstract
Replies: 6
Views: 4919

Re: 4 demerit pts suspension - Insurance Driver's Abstract

Hi there. 13 months ago, I got my first and only speeding ticket. I was a g2 driver and due to escalated sanctions, they suspended my license for 30 days.
Luckily, I didn't need my car as I was moving downtown from the countryside in a couple months. I have a couple questions.


Most of your questions have already been answered. On a go-forward ...
by OTD Legal
Mon Nov 28, 2016 2:38 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 36407

Re: Speeding and Follow Too Closely

I'm writing for myself this time.

He came back within just a few minutes. He handed me two electronic tickets and said something to the effect of, "This is what I'm alleging. You have two weeks to decide what you want to do." Before I could even straighten the pages, he was in his SUV and gone. Thankfully, the registration and insurance weren't ...
by OTD Legal
Mon Nov 28, 2016 2:11 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 9207

Re: Plugging My Cell Phone in at Stop Light

I was stopped at a stop light (it was a long stop light at big intersection) and remembered my battery on my cell was running low (I'm a mother of 3 young kids and having cell battery is important), so I plugged it in, noticed the plug was fraying, fiddled with it for about 5 seconds to confirm it was actually charging, and set it down. I didn't ...