Search found 97 matches

by OTTLegal
Mon Nov 09, 2009 8:18 am
Forum: Courts and Procedure
Topic: Summons to court
Replies: 6
Views: 6988

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: 1825

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: 12853

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: 2931

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: 12853

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: 12853

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: 81407

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: 14867

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: 4679

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: 9889

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: 2598

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: 8915

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: 4364

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: 4748

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: 4462

stop sign

You dont need to notify them, just bring the trial notice in when you are ready