Search found 97 matches

by OTTLegal
Tue Apr 27, 2010 8:00 am
Forum: General Talk
Topic: MTO License suspension due to judgement
Replies: 12
Views: 10318

Driving while Suspend

further to the information above.

If your involved in an accident and you damage the other persons car. Your insurance company pays for the damage to that vehicle.

If you do not have insurance, the insurance company of the other driver would try to sue you for the damages. If you do not pay for the damages, then the insurance company would ...
by OTTLegal
Tue Apr 27, 2010 7:48 am
Forum: Driving While Suspended
Topic: Notice!! The officer will not be coming to court
Replies: 3
Views: 2829

Drive Suspended - Adjournment Requests

The court or police are allowed to ask for an adjournment just like you would be allowed to ask for an adjournment if you could not make the original court date.

The person requesting the adjournment has to make a motion to the court and give at least 3 days notice to the other side. You are allowed to appear on the motion date and argue why the ...
by OTTLegal
Sat Apr 03, 2010 4:52 pm
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 14587

Lack of disclosure

Your girlfriend should have asked that the "certificate of offence" be marked to indicate that the reason for the adjournment was for lack of disclosure , so that the court knows why the case was adjourned on the first court date.

Now to do the case properly the court can request that you provide proof as to why the case was adjourned on the first ...
by OTTLegal
Sat Apr 03, 2010 4:38 pm
Forum: Careless Driving
Topic: Careless driving why me?
Replies: 21
Views: 16208

Careless Driving

I agree with the last post.

Take the disclosure and speak to someone with some training and knows about appearing in court. If you represent yourself at traffic court for this charge and something goes wrong you will have a huge insurance problem...
by OTTLegal
Fri Apr 02, 2010 9:33 am
Forum: Driving While Suspended
Topic: driving while under suspension
Replies: 8
Views: 5153

Driving While Suspended

The officer has to prove,

1. He was under suspension
2. He was driving a motor vehicle
3. He was driving on the roadway

If the officer did not see him driving on the roadway then the charge should be dropped. Unless your husband as numerous other driving convictions for driving while suspended it is very unlikely that he would go to jail.

As it ...
by OTTLegal
Mon Mar 29, 2010 7:52 am
Forum: Driving While Suspended
Topic: Need Advice - Suspended licence though not driving
Replies: 8
Views: 3555

Drive Suspended

The officer has to prove to the court that you were driving the car. If they cant prove that then the case will be dismissed.

If you hire a paralegal I think their is a good chance the case will be dropped, if you do it yourself I think you will have a problem because the prosecution will try to get you to testify, if you take the stand they are ...
by OTTLegal
Wed Mar 24, 2010 7:01 pm
Forum: Compulsory Automobile Insurance Act
Topic: tall order 2 no Insurance, supended 10 yrs ago
Replies: 15
Views: 7250

CAIA

CAIA charges go on your driving record for 3 years just like any other traffic ticket.
by OTTLegal
Wed Mar 24, 2010 8:30 am
Forum: Compulsory Automobile Insurance Act
Topic: tall order 2 no Insurance, supended 10 yrs ago
Replies: 15
Views: 7250

Getting your drivers licence back

Here is how to get your drivers licence back.

The fines never go away. If you continue to drive you risk the chance of getting stopped and charged with Driving While Suspended by the police. If you are charged with this you can go to jail for 6 months. Also if you get into an accident you have no insurance, and risk getting sued, it just gets ...
by OTTLegal
Wed Jan 27, 2010 7:11 am
Forum: Failing to obey signs
Topic: Moore St near Bayview (HTA 182 (2)) A couple of questions...
Replies: 8
Views: 3477

Prohibited Turn

If you go to first attendance they might take of the demerit points but the ticket will still go on your driving record for 3 years. Best to set a trial date.

The disclosure is going to tell you that there is a a sign there, and your vehicle disobeyed it....
by OTTLegal
Mon Jan 25, 2010 7:23 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: high penalty
Replies: 2
Views: 3421

Fail to move for police vehicle

The court will reduce the fine if you appear in court, but you always want to win the case completely to keep your insurance rates low. Seek professional advice.
by OTTLegal
Mon Jan 25, 2010 7:21 am
Forum: Compulsory Automobile Insurance Act
Topic: "fail to surrender insurance card" - increased my
Replies: 5
Views: 5557

Insurance Card

You have to fight every ticket these days. Any traffic ticket on your driving record can affect your insurance rates, and by more than the amount on the ticket.
by OTTLegal
Mon Jan 25, 2010 7:19 am
Forum: Courts and Procedure
Topic: Minimum lead time for disclosure
Replies: 26
Views: 7059

Disclosure

Most people once they receive the disclosure have no idea what to do with it.....do you?
by OTTLegal
Mon Jan 25, 2010 7:17 am
Forum: General Talk
Topic: Fatal Error on the Ticket
Replies: 22
Views: 24287

Fatal Errors on Traffic Tickets

They are not fatal errors,

examples of fatal errors

Officer name not on ticket
Date wrong on ticket
Name totally missing on ticket
Location not on ticket
City or municipality missing on ticket
by OTTLegal
Tue Jan 12, 2010 7:31 am
Forum: General Talk
Topic: driving while suspended. what can i do?
Replies: 10
Views: 4225

Drive Suspended

What are you under suspension for?
by OTTLegal
Mon Jan 04, 2010 10:45 pm
Forum: Improper left turn
Topic: Sec 141 (5) HTA - Left Turn - Fail to Afford...
Replies: 2
Views: 15334

Left Turn Accident

I agree with the information that it is still a turn.

I suggest you call some other companies, 560 dollars is too much, If you shop around you should be able to get a cheaper price.

Where did this happen? What court is it for?
by OTTLegal
Fri Dec 25, 2009 10:50 am
Forum: Compulsory Automobile Insurance Act
Topic: fail to surrender insurance card!!!
Replies: 4
Views: 11281

No Insurance card

Usually if you go to the court and show the valid insurance card for the day the officer stopped you they will withdraw this type of ticket.

There is no defense, either you had a valid insurance card to show the officer, or you didn't....
by OTTLegal
Fri Dec 25, 2009 10:47 am
Forum: Careless Driving
Topic: Careles Driving - Pedestrain hit, no injury
Replies: 9
Views: 3407

Careless Driving

Having appeared many times in the Whitby Court, and considering the circumstances the prosecutor there will reduce the charge to a fail to yield charge for sure.

You should still try to get this to proceed to trial as you may be able to have the charge dropped completely if something goes wrong with the case.
by OTTLegal
Fri Dec 25, 2009 10:34 am
Forum: Courts and Procedure
Topic: prosecutor did not get to me, had to leave.
Replies: 3
Views: 2450

Ran out of time for Traffic Ticket

The first thing is you have to go back to the court and find out what happened to your case.

If it was Appeal court the case may have been marked as abandoned, or the prosecutor may have adjourned it for you.
by OTTLegal
Fri Dec 25, 2009 10:30 am
Forum: Courts and Procedure
Topic: Using court to postpone payment/insurance hike !!!
Replies: 6
Views: 3077

Speeding Ticket

What you want to do is file the ticket for a trial date, then on the trial date you can appear in court. If the officer is there then you can just say that you want to plead guilty to the charge and if the officer is not there they will usually withdraw the charge.

The court and the police officer only have 6 months to relay a charge so once its ...
by OTTLegal
Sun Nov 29, 2009 6:43 pm
Forum: Courts and Procedure
Topic: Court Date Approaching- What options do I have?
Replies: 6
Views: 3054

Expired Licence

You don't need the disclosure for an expired drivers license ticket. Most times if you come to court with your license renewed and up to date the prosecutor will drop the charge for you.

Arrive at the court at least about 15 mins before it starts, look to see either the police officer or the prosecutor, tell them that you are there for your trial ...
by OTTLegal
Tue Nov 24, 2009 11:20 pm
Forum: General Talk
Topic: Traffic Tickets and Demerit Points
Replies: 2
Views: 3101

Fail to clear Intersection

Its a City of Toronto Bylaw offence, it has no demerit points on it, and most likely will not appear on your driving record.
by OTTLegal
Tue Nov 24, 2009 11:14 pm
Forum: General Talk
Topic: Appeal agianst the trial
Replies: 6
Views: 2496

Appeal - How to file an Appeal

To do an appeal you have to do the following

1. Pay the fine
2. Order and Pay for the transcripts of the court case
3. Fill out the application for an appeal form (available at the court)
4. State your grounds for the appeal within the form
5. Complete and file all the paperwork for the appeal within 15 days of the original trial date.

An appeal ...
by OTTLegal
Tue Nov 24, 2009 11:05 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144 (18) - Should I plea Not guilty -OR- Do Nothing?
Replies: 8
Views: 4187

Red Light ticket

The minor errors are not fatal to the charge, and will not get the ticket canceled. Minor mistakes are fixable by the prosecutor at the court. Take what you read on Ticket Wombat with caution, its not always right and open to interpretation...

Here is some information that might be worth reading;

The Highway Traffic Act of Ontario states ...
by OTTLegal
Sun Nov 22, 2009 8:53 am
Forum: Failing to obey signs
Topic: OOps! The police officer forgot to return my documents...
Replies: 6
Views: 2820

Stop Sign Ticket,

Not returning your documents has nothing to do with whether the ticket is valid or not. Call the officer and get your documents back.
by OTTLegal
Sun Nov 22, 2009 8:51 am
Forum: Careless Driving
Topic: Careless driving why me?
Replies: 21
Views: 16208

Careless Driving

You are missing the point.

If you appear for yourself for an accident case, you miss the chance of winning the case.

They have to prove the identity evidence. If you appear in court, You help to convict yourself....
by OTTLegal
Tue Nov 17, 2009 10:47 pm
Forum: Careless Driving
Topic: Careless driving why me?
Replies: 21
Views: 16208

Careless Driving - The right answer

As everyone told you Careless Driving is a serious charge, with 6 points and dramatic insurance increases.

What you want to do is go to the court and ask for a "trial date". You do not want to meet the prosecutor to talk about your charge. If you meet the prosecutor they will offer to reduce the charge, but you always want to win the case if you ...
by OTTLegal
Thu Nov 12, 2009 7:17 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: What does this mean?
Replies: 7
Views: 3436

Prohibited Turn Ticket HTA 144.9

The ticket the officer gave you is under 144.9 of the Highway Traffic Act and has 2 demerit points on it. If you pay the ticket it will go on your driving record for 3 years to which your insurance company has access to and can base your insurance rates on.

Your insurance company bases your insurance rates upon many factors, but you driving ...
by OTTLegal
Tue Nov 10, 2009 10:33 pm
Forum: Courts and Procedure
Topic: once i got my appeal date --what happens at court?
Replies: 10
Views: 6219

Wrong Fine on Traffic Ticket

Unfortunately that case law is not valid any more, the fine does not have to be correct on a traffic ticket. You have no grounds for the appeal, the Justice will not quash the ticket for this offense.

If you have any questions about an appeal, a licensed paralegal should be able review this for you at no charge and give you the right answers.
by OTTLegal
Tue Nov 10, 2009 10:28 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: HELP! prosecutor wants to change date
Replies: 4
Views: 2516

Crown Adjournment notice

I think you should speak to a knowledgeable paralegal as to how best deal with this motion.

It appears by your post that the prosecutor has properly applied for the change of date, but there are other issues about this that should not be posted in a public forum.