Search found 97 matches

by OTTLegal
Thu Sep 05, 2013 8:45 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 50 over + DUI
Replies: 8
Views: 4344

Re: Speeding 50 over + DUI

Hi The officer did not charge you with DUI, Alert means that the breathalyzer said that your breath reading was between 50mgs and under 100mgs. When they get the Alert reading they just caution you and suspended your drivers licence for 3 days. To get your drivers licence back you have to go to the MTO, pay 150 dollars and they will reinstate your drivers licence. The officer gave you a speeding ticket for 49 over the limit. The ticket has 4 demerit points on it. You have a choice to pay the 359 dollar fine, or fight it. If you have a G2 licence the speeding ticket has an additional 30 licence...
by OTTLegal
Thu Aug 29, 2013 8:46 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Expired Plates - Wife driving
Replies: 3
Views: 2607

Re: Expired Plates - Wife driving

Usually if you get the licence plates renewed, and then go to the court and show that you got everything fixed the prosecutor will drop the charges.

Do option #2 on the back of the ticket, to have a meeting with the prosecutor, bring the ownership with the renewal sticker on it, or the receipt showing that the fee was paid.

99% of the time the will drop the ticket for you.
by OTTLegal
Thu Aug 29, 2013 8:38 am
Forum: Failing to remain at the scene of a collision
Topic: Summon to court with 3 tickets
Replies: 8
Views: 5025

Re: Summon to court with 3 tickets

The officer gave you "summons" because the fines for these offences are over 500 dollars each. The tickets each have a fine of a thousand dollars, failing to report has 3 demerit points, Failing to remain has 6 demerit points, and Careless Driving has 6 demerit points. You ARE NOT at risk of going to jail for this. If any of these ticket go on your driving record your insurance will increase dramatically, over 100%. The insurance implications alone make this a case where you should consider getting some expert advice before you appear in court, as you need to get these dropped. The c...
by OTTLegal
Thu Aug 29, 2013 8:11 am
Forum: Driving While Suspended
Topic: Driving Under Suspension Section 53(1)
Replies: 2
Views: 4489

Re: Driving Under Suspension Section 53(1)

I agree with poster daggx, if you do nothing they will give a fine of 1000 dollars, additional 6 months suspension, and the judge can give 6 months in Jail. If you do come back to Ontario you could be arrested and taken directly to jail. You can call the Ontario courts and pay the fine over the phone, then have a paralegal or friend appear in court for you in Ontario. Usually if you pay the fine and appear in court, they will reduce the charge to not having a valid licence, which is just a fine and no jail.
by OTTLegal
Wed Jan 16, 2013 3:18 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 5447

Re: Careless in a parking lot

As a former Toronto and Ontario Provincial Police Officer, Level 2 Accident investigator, with 28 years experience, and 10 years as a paralegal. My opinion is that it's on private property. The Highway Traffic Act unless specifically specified does not apply to private property and the charge should not have been laid. Your welcome to listen to who you like. Many times the police do not know their own jobs, as unless they have specific training in that field. I have investigated numerous accidents in the past, and appear at court 100's of times. If you want to read the case law here it is http...
by OTTLegal
Wed Jan 16, 2013 1:26 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 5447

Re: Careless in a parking lot

Careless Driving is a Highway Traffic Act offense, the charge has to occur on the roadway. If the charge should be dismissed. The officer shouldn't have given your daughter the ticket in the first place.
by OTTLegal
Tue Dec 14, 2010 5:49 pm
Forum: Careless Driving
Topic: Charged of Careless while passing (No accident)
Replies: 1
Views: 1694

Re: Charged of Careless while passing (No accident)

Sounds to me like its not careless driving but unsafe passing, HTA 148, a 2 point ticket instead of 6 points, and dramatically different affect on insurance...
by OTTLegal
Tue Dec 14, 2010 5:43 pm
Forum: Careless Driving
Topic: Is this charge too heavy for me?
Replies: 10
Views: 5007

Re: Is this charge too heavy for me?

Careless Driving is the only charge that fits in that situation,

"Driving without due care and attention"
by OTTLegal
Tue Dec 14, 2010 5:30 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: collision with a car turning left on red - I'm guilty?
Replies: 1
Views: 1532

Re: collision with a car turning left on red - I'm guilty?

The bus driver has an obligation to ensure it is safe to make the turn, before they turn, even if someone is going to drive through a red or amber light . The bus driver should have awaited, made sure that the vehicle coming the other way was going to stop, and THEN when it was safe to turn, complete his turn. The bus driver could have been charged with Turn not in Safety. Especially since there are no witnesses to say that your wife went through a red light. The police favor the municipal bus drivers, because being put at fault for a traffic accident can mean that the driver gets fired. If yo...
by OTTLegal
Mon Dec 06, 2010 8:36 am
Forum: Careless Driving
Topic: Careless Driving Charge - red light issue
Replies: 1
Views: 3259

Re: Careless Driving Charge - red light issue

Careless Driving is a serious charge that if convicted will dramatically affect the insurance rates, and some insurance companies will cancel the insurance policy for a Careless Driving conviction. As well there are 6 demerit points, and commercial drivers are usually considered high risk to be a professional driver with 6 points. You can always go to court yourself, but your always going to get better results if you get someone who knows the court system and legal arguments to represent you in traffic court. As well some companies like ours have former traffic police officers with years of ex...
by OTTLegal
Fri Oct 29, 2010 4:20 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance Charge, but I HAVE insurance
Replies: 7
Views: 9919

No Insurance Ticket

I agree with Simon, If you go to the court and show that you had valid insurance on the court date the prosecutor will drop the charge. Just go to the court about 1/2 hour early, wait for the prosecutor to arrive, when they do approach them and tell them you are here for your case. Have the ticket ready to show them. Explain to them that you did have insurance and that you have brought proof to show the court. The prosecutor will then examine the documents, and ask you to wait until the justice comes into the court. When the justice comes in the prosecutor will ask you to come to the front of ...
by OTTLegal
Sun Sep 12, 2010 11:42 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136 on 401 - disclosure received - looking for advice
Replies: 5
Views: 2442

Speeding Ticket

The disclosure doesn't specify that the radar was tested before and after setup to the manufactures specifications, including the testing times.

Speeding ticket trials are won on legal technicalities properly presented to the court. If you do not know the legal technicalities, or how to properly present them to the court you need someone who does.

If you represent yourself your chance of winning against the police officer and the prosecutor is very low.
by OTTLegal
Wed Sep 08, 2010 9:01 pm
Forum: Compulsory Automobile Insurance Act
Topic: Second offense driving without insurance
Replies: 2
Views: 4382

Driving without Insurance

The fine for a second offense for driving without insurance, under the Compulsory Automobile Insurance Act is a 10,000 dollar fine.

They will not send you to jail. Plus they will add a victim fine surcharge of 2,500 dollars (tax).

So the only thing your facing is a 12,500 fine - no jail.
by OTTLegal
Wed Sep 08, 2010 8:56 pm
Forum: Driving While Suspended
Topic: Didn't know my licence was suspended...
Replies: 2
Views: 3962

Driving While Suspended

Sounds like your representative didnt appear and get you a new court date. You should go to the court ask to do a reopening to get a new court date for your first ticket, by explaining what happened. You have a reasonable explanation as to what happened and the Justice should reopen the case. Then once your case is reopened then you need to go to the court date for the drive suspended charge and explain what happened, show that the case was reopened. It probably the type of case where you should consult with a reputable paralegal who can appear with you at the court and assist you with the reo...
by OTTLegal
Mon Aug 23, 2010 9:49 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Improper info written on speeding ticket for 20km/hr over
Replies: 2
Views: 2078

Speeding Ticket - Location of Speeding

The ticket has to have the right location or street. It doesn't have to be the exact location on that street, e.g Dundas St W, west of King St. It just has to say Dundas St. W. The officer may have recorded you speeding on the street mentioned, but didn't stop until you were driving on the other street. For a speeding trial you will have to order the officers notes, and then see where they say they recorded you speeding, you also want to look to see if there are any legal arguments that can win your case. Speeding ticket trials are won on not only what happened, but the legal technicalities of...

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