Search found 97 matches

by OTTLegal
Sat Oct 03, 2009 10:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: when fighting a ticket, can they do this...?
Replies: 18
Views: 6807

11B Applications

Here is the information about doing an 11b application.

You have to prepare the application, file it properly, then argue it to the court against the prosecutor. Here is a link giving more information.

The delay has to be the fault of the prosecution, so you cant remand your case creating a delay, then try to argue an 11b application.
by OTTLegal
Sat Oct 03, 2009 10:01 pm
Forum: General Talk
Topic: When do demerit points take effect?
Replies: 3
Views: 4762

Demerit points

Demerit points go on your driving record for 2 years from the day that you received the ticket.

The points are not applied until there is a conviction registered with the court. So if it takes a year for your ticket to go on your driving record, your record remains clear until the conviction is registered. Then the points would be removed after ...
by OTTLegal
Sat Oct 03, 2009 9:57 pm
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 3324

Re: Improper disclosure – What would you do?

The court doesnt have to provide to you a copy of the bylaw law or regulation for a stop sign ticket prior to court, Its listed in the Highway traffic act section 136. Not having this information will not get your case dropped.

Even if you have the disclosure, usually for this type of case, disclosure doesn't give you the information you need to ...
by OTTLegal
Sat Oct 03, 2009 9:40 pm
Forum: Careless Driving
Topic: Careless Driving on exit ramp
Replies: 4
Views: 2010

Its Not Careless Driving

The fact that they asked you to do a road side test will have no bearing on the careless driving charge, the only issue is, were you driving without due care or attention....

The court will not care about the breath test, unless you failed the test which would have resulted in another charge.
by OTTLegal
Sat Oct 03, 2009 9:28 pm
Forum: Careless Driving
Topic: Careless Driving charge for overrevving the engine?
Replies: 3
Views: 2320

Its not Careless Driving

Its not Careless Driving, maybe unnecessary noise, but thats not what your charged with. I think that if you hire an agent who knows what there doing in Traffic Court that the charge should be dropped.
by OTTLegal
Sat Oct 03, 2009 9:15 pm
Forum: Careless Driving
Topic: Need help with careless driving charge
Replies: 7
Views: 4337

Follow to close is still 4 points

Follow to closely is still 4 demerit points, You should always try to get the charge dropped completely. You can always go to court yourself, but if you do you miss any opportunity to have the charge dropped on a legal technicality or through a trial. That someone who knows the court system, or the strength or weaknesses of the officer.
by OTTLegal
Sat Oct 03, 2009 9:10 pm
Forum: Careless Driving
Topic: careless-why
Replies: 10
Views: 3613

Careless Driving - Wrong charge

Sounds like the wrong charge to me....

The definition of careless driving is,
Driving without due care and attention and consideration for other drivers, doesnt sound to me like the charge they gave you fits the situation...