Search found 97 matches

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: 3632

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: 5930

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: 3944

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: 2825

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: 5202

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: 4462

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: 7239

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: 3410

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: 4419

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: 75468

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: 3172

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: 1840

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: 5057

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: 6156

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: 3692

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 ...