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 ...
Search found 97 matches
- Mon Nov 09, 2009 8:18 am
- Forum: Courts and Procedure
- Topic: Summons to court
- Replies: 6
- Views: 7436
- 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 ...
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 ...
- 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 ...
"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 ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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?
- 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 ...
Upon being photographed traveling through the intersection on a red traffic signal, the municipality will issue a notice to the owner ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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
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
- 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 ...
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 ...
- 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.
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.
- 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 ...
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 ...
- 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 ...
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 ...
- 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
- 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 ...
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 ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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 ...
For the next trial date you HAVE to order the transcripts of the court date you were ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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 ...
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 ...
- 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
"Ontario Demerit points"
for the link
- 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 ...
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 ...
- 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.
If you filed the appeal papers with the Ministry of Transportation the conviction should have been removed from your driving record pending the appeal.
- 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 ...
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 ...
- 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 ...
The insurance company only sees that you were convicted of a speeding ticket. They dont care whether you lost ...
- 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 ...
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 ...