Search found 97 matches

by OTTLegal
Mon Nov 09, 2009 8:18 am
Forum: Courts and Procedure
Topic: Summons to court
Replies: 6
Views: 7436

No Insurance - Delievery of Summons

The original charge was not proper and the officer has 3 years under the Compulsory Automobile Insurance Act to relay the charge.

If the officer wants to relay the charge they have to either personally serve you, or serve you substitutionally.

This means that they have to give the summons to someone apparently over the age of 16 years, at your ...
by OTTLegal
Mon Nov 09, 2009 8:11 am
Forum: General Talk
Topic: Driving while under suspension
Replies: 1
Views: 2076

Driving While Suspension

Driving while suspension has a fine of 1000 dollars, 6 months further suspension and up to 6 months in Jail.

The ticket the officer gave you is a summons to appear in court. The summons is for the defendant to appear before a Justice to respond to the charge.

Commonly this is called the "set date", on the set date it is just a date to enter a ...
by OTTLegal
Wed Nov 04, 2009 9:51 pm
Forum: Improper left turn
Topic: Failure to afford reasonable opportunity to avoid collision
Replies: 15
Views: 14958

Re: Failure to afford reasonable opportunity to avoid collision

Witness (in nearby store on south side) gave following evidence at the scene:

"A vehicle was traveling west turned south into store's "parking lot" right into the path of a vehicle traveling east.

Read the statement from the witness,

Then read the Highway Traffic Act...

Left turn, across path of approaching vehicle

(5) No driver or operator of ...
by OTTLegal
Wed Nov 04, 2009 6:46 pm
Forum: Careless Driving
Topic: careless after a collision
Replies: 7
Views: 3183

Careless Driving

If the other vehicle made a lane change in front of you, then the accident happened, then the other driver should have been charged not you.

The other driver should have been charged with "lane change not in safety, HTA 142.1".

Especially if the witnesses come to court and say that the other driver made a lane change and then the accident ...
by OTTLegal
Wed Nov 04, 2009 6:33 pm
Forum: Improper left turn
Topic: Failure to afford reasonable opportunity to avoid collision
Replies: 15
Views: 14958

At Fault Accident

Driver #1 is 100% fault in the accident, they were making the turn.

The ticket, sounds like it the wrong charge. The charge says;

"No Driver of a vehicle in an intersection shall turn left across the path of a vehicle approaching from the opposite direction unless he or she has afforded a reasonable opportunity to the driver of the approaching ...
by OTTLegal
Tue Nov 03, 2009 10:14 pm
Forum: Improper left turn
Topic: Failure to afford reasonable opportunity to avoid collision
Replies: 15
Views: 14958

Left Turn

Was it a signalized intersection or one with a stop sign. it makes a difference, what was the section number under the HTA that they were charged with?
by OTTLegal
Tue Nov 03, 2009 10:11 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 96646

Red Light Camera Tickets

Red light camera tickets are traffic tickets that are issued as a result of a traffic camera being placed at an intersection to photograph vehicles who enter the intersection after the traffic signal has turned red.

Upon being photographed traveling through the intersection on a red traffic signal, the municipality will issue a notice to the owner ...
by OTTLegal
Sun Nov 01, 2009 10:43 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding 40km/h over reduced to 15 km.h question.
Replies: 16
Views: 15884

Reduced Speeding Ticket

Most times when the officer drops the ticket to under 15km they want you to pay the ticket.

The officer believes that most people seeing that there are no demerit points on the ticket will just pay the fine and not fight it. Usually the officer is either inexperienced or they dont like going to court, but its usually a sign of an inexperienced ...
by OTTLegal
Sun Nov 01, 2009 10:14 pm
Forum: Careless Driving
Topic: Careless Driving - PI so mandatory charge?
Replies: 8
Views: 4966

Careless Driving

My opinion is, having been a traffic cop who did accident investigation in that area is that the proper charge should have been fail to yield to pedestrian.

The careless driving charge may fit the situation, as all they have to prove is that you were "driving without due care and attention".

I think that you might be able to take care of this ...
by OTTLegal
Sun Nov 01, 2009 10:02 pm
Forum: Failing to obey signs
Topic: Disobey sign ticket instead of speeding ticket?
Replies: 7
Views: 10363

Speeding Ticket - Disobey Sign

What an officer decides to charge you with is totally up to the officer.

The charge says that there is a sign posted displaying the speed limit and that you disobeyed the sign.

The charge has 2 demerit points attached to it. If you pay the ticket it goes on your driving record for three years.

The section should be 182.2
by OTTLegal
Sun Nov 01, 2009 9:59 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding
Replies: 4
Views: 2938

Speeding Tickets

Its very unlikely that any prosecutor in Ontario is going to drop a speeding ticket to a bylaw offense and there are no bylaw offenses for speeding tickets.

The best way to win the case is to set a date for trial. If you defend yourself depending upon the jurisdiction you have a 10 to 25% chance of going away, if you hire someone who knows how to ...
by OTTLegal
Sun Oct 25, 2009 10:10 pm
Forum: Careless Driving
Topic: Slid into a car at intersection - Careless Driving.
Replies: 32
Views: 11202

Careless Driving

It doesnt sound like Careless Driving to me,

Sounds like it should have been "Improper Turn" which would be a 2 point ticket, instead of a 6 point ticket that will dramatically affect the insurance for your son.
by OTTLegal
Wed Oct 21, 2009 1:38 pm
Forum: Compulsory Automobile Insurance Act
Topic: Unknowiingly driving uninsured
Replies: 5
Views: 4654

No Insurance

No Insurance Charge

The onus is always on the owner to ensure that they have a valid insurance. The penalty for this offense is a 5000 dollar fine, plus 1250 for a Victim Fine Surcharge (read as tax on a traffic ticket).

At court the officer has to prove that you were driving a motor vehicle, that you were the owner of that motor vehicle and that ...
by OTTLegal
Wed Oct 21, 2009 1:03 pm
Forum: Failing to yield the right-of-way
Topic: Failure to Yield at Uncontrolled Crossing
Replies: 11
Views: 5256

Lights out at Intersection

I believe its the wrong charge, at an intersection where the lights are out you are suppose to come to a full stop and then when the way is clear you can proceed across the intersection as you would for a stop sign.

The ticket the officer gave you has 3 demerit points on it. If you read the Highway Traffic Act, it says for this section that ...
by OTTLegal
Wed Oct 21, 2009 12:46 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Question regarding a representative in court?
Replies: 6
Views: 4736

stop sign

You dont need to notify them, just bring the trial notice in when you are ready
by OTTLegal
Wed Oct 21, 2009 8:45 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: plates not autorized for vehicle
Replies: 5
Views: 4346

Use plates not authorized

The ticket that the officer gave you is a summons to appear before a Justice of the Peace to answer to the charge. As its considered a serious offense.

The fine for the ticket can be up to 1000 dollars, 6 months suspension, and 6 months in jail.

Usually what I see with these type of cases is that if you get the vehicle properly licensed and ...
by OTTLegal
Wed Oct 21, 2009 8:35 am
Forum: Failing to stop when signaled/requested by a police officer
Topic: Failing to provide drivers license
Replies: 8
Views: 6322

no licence

The officer is within his rights to demand your drivers license even if they are off duty.

You were within your rights to ask for a uniform officer to attend.

Normally if you go to the court and show your valid drivers license the prosecutor will withdraw the charge.

Go the court within the 15 days ask for a "First Attendance" meeting with the ...
by OTTLegal
Wed Oct 21, 2009 8:23 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Set fine a fatal error?
Replies: 9
Views: 4512

Set Fine - Is not a Fatal Error

The fines for speeding tickets under 50km/h are set by the Chief Justice of Ontario. The fines for speeding tickets....

DO NOT FOLLOW THE FINE SCHEDULE IN THE HIGHWAY TRAFFIC ACT

The only time the fines follow that schedule in the Highway Traffic Act is for a Justice to fine someone caught speeding more than 50 km/h.

At court a set fine is not ...
by OTTLegal
Wed Oct 21, 2009 8:14 am
Forum: Courts and Procedure
Topic: cop no-show, representation attends, still adjourned
Replies: 5
Views: 3187

French Trial- 11b Arguement - Time Delay

You can file the 11b argument but I bet that the court is going to say that you were not qualified to represent your girlfriend at a french trial, and that they may have put the delay on the defendant. Subsequently the court would argue the time delay against you.

For the next trial date you HAVE to order the transcripts of the court date you were ...
by OTTLegal
Wed Oct 21, 2009 8:03 am
Forum: Careless Driving
Topic: Careless Driving
Replies: 3
Views: 5459

Careless Driving - G2 Driver

Careless Driving is a serious charge with 6 demerit points. As well a conviction for this offence will make the insurance rates double or triple, and some insurance companies will cancel your policy.

If you have a G2 licence, at 6 demerit points the Ministry of Transportation will probably suspend the drivers licence for 30 days, due to too many ...
by OTTLegal
Wed Oct 21, 2009 7:49 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Question regarding a representative in court?
Replies: 6
Views: 4736

York Region - Stop Sign Tickets

The York Region Proscutors have a policy now that all stop sign tickets are trials, they do not reduce these charges.

I suggest that if you havent conducted a trial before that you consider getting some help, or start reading about how a trial goes.

Remember your going against a police officer that goes to traffic court all the time and a ...
by OTTLegal
Wed Oct 14, 2009 11:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) - Alleged rolling stop on a red light.
Replies: 20
Views: 8572

red light ticket

The Red Light ticket the officer gave you has 3 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 rate on.

Its a particularly bad ticket because your insurance company will perceive that your driving through intersections against ...
by OTTLegal
Fri Oct 09, 2009 11:58 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failing to stop on red light HTA(18)
Replies: 7
Views: 3689

Red Light

A good way to way to win your ticket is to figure out what the law says about red lights and intersections, READ section 144.18 of the Highway traffic act and then have a look at section 144.5.

Meaning, for a red light ticket where do you have to stop,

Before entering the intersection,
Before the crosswalk
Before the stop line

Then do you think ...
by OTTLegal
Fri Oct 09, 2009 11:44 pm
Forum: Driving While Suspended
Topic: Someone help please...suspended licence
Replies: 5
Views: 4792

Suspended Licence

If you didnt know that you were under suspension, then you have a defense to the charge. Your "Lawyer" is giving you bad advice....

The prosecution has to prove that you "knew about the suspension" and or that you should have known.

If you hire a paralegal who knows about this type of charge I believe that you would have a good chance at getting ...
by OTTLegal
Fri Oct 09, 2009 11:33 pm
Forum: General Talk
Topic: How to Check Your Demerit Points?
Replies: 10
Views: 76335

demerit points

Just search under

"Ontario Demerit points"

for the link
by OTTLegal
Tue Oct 06, 2009 6:59 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at stop sign. But I did stop!
Replies: 3
Views: 3503

Stop Sign ticket

Hi David,

The ticket the officer gave you has 3 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 rate on. Its a particularly bad ticket because your insurance company will perceive that your driving through intersections against the ...
by OTTLegal
Sun Oct 04, 2009 4:01 pm
Forum: General Talk
Topic: Appeal is taking forever
Replies: 5
Views: 2157

Appeals

Appeals in the Toronto area can take up to 2 years for the transcripts to be ready and the court to set a date.

If you filed the appeal papers with the Ministry of Transportation the conviction should have been removed from your driving record pending the appeal.
by OTTLegal
Sat Oct 03, 2009 10:59 pm
Forum: General Talk
Topic: Driving under suspension
Replies: 8
Views: 5564

Drive While Suspended

Driving while suspended under the Highway Traffic Act is not a criminal charge, its a offence against an Ontario Statue.

The fine for driving while suspended is;

1000 dollar fine
6 months further mandatory suspension
Possible 6 months in Jail
Dramatic insurance increase.

Usually if its a one time offence, the fine has been paid, and the ...
by OTTLegal
Sat Oct 03, 2009 10:48 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 75km in a 50km zone (changed to 65km in a 50km zone)
Replies: 6
Views: 6508

Reduced Speeding Ticket

As you know the ticket the officer gave you doesnt have any demerit points on it, but if you pay the ticket it will go on your driving record for three years to which your insurance company has access to and can base your rates upon.

The insurance company only sees that you were convicted of a speeding ticket. They dont care whether you lost ...
by OTTLegal
Sat Oct 03, 2009 10:16 pm
Forum: General Talk
Topic: Drive While Under Suspension "Force Fatal Error"
Replies: 12
Views: 3988

Fatal Errror on a summons

The ticket the officer gave you is called a summons.

The summons is a document commanding you to appear in court before a justice of the peace. The summons doesnt not have to be perfect.

From the summons they create an "information" the information is the charging document, and has to be proper before the court without any "fatal errors".

The ...