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: 4935

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: 6755

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: 6755

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: 15740

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: 2515

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: 6755

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: 15740

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: 20999

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: 3488

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: 20999

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: 12771

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: 26055

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: 7440

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: 29148

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: 4443

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 ...