Ontario Highway Traffic Act

IMO, defence of necessity does not apply here. If you were in a life-threatening emergency, yes, you could speed... BUT this scenario does not count. The reason being, you chose to pass a drunk driver. The Crown will become quite theatrical and ask, with incredulous flair: "You PASSED a drunk driver? So, you risked getting sideswiped by a driver ...

Careless driving does not mean you were driving out of control. Careless driving means, as OTTLegal says, you were driving without DUE care and attention. You could be "out of control," but you do not have to be in order to be charged/convicted of careless. If you really were driving out of control, that's beyond careless driving - that is ...

Jail time is not too likely in your case. Show the Prosecutor that you have paid your outstanding $100 sticker fine, paid the licence reinstatement fee, and that you made a mistake and were not aware. In that case, they'll probably reduce it to "Drive with No Licence," which dramatically lowers your fine.

You are currently charged with Stunt Driving. As you've noticed, you're facing $2000 to $10 000 in fines. Not only that, but you're likely looking at a licence suspension as well. There is the remote possibility of going to jail, although that is highly unlikely in your case.

You should hire a paralegal or a lawyer to fight this for you. This is ...

No further steps are required right now. You can go to First Attendance and see what they offer you (might be worth it).

If you saw a bunch of flashes behind you, then you probably got dinged by a red light camera.

The only thing you can do at this point is wait and see. The photographs have to show that your vehicle was outside of the intersection when the light was red, and then your vehicle must be in the intersection with the light still red. The police will ...

If you have your Notice of Trial and/or your ticket, it should have the address of the courthouse. If not, I believe it is:

465 Davis Drive West, Suite 200
Newmarket, Ontario
L3Y 7T9

You can file the request one of two ways. You can either send the request via registered mail to the courthouse. Address it to the "Prosecutor's Office," followed by ...

Would having a French trial be in anyway more advantageous? Do the prosecutors know both languages? How about Toronto Police?


If your first language is French, then it would be advantageous to get a trial in French. They'll just get an interpreter to translate the officers' words in to French. In addition, they'll get a fluently bilingual ...

So i can't just fax up a storm with no affidavits?

Correct. You need proof that everyone was served.

diehard and I both filed 11Bs recently. (Go to Courts and Procedure and click on "how to file an 11B.") The link provides the correct format. The Prosecutor's Office and Court Clerks had no problem accepting them. As for the faxes to the ...

In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case ...

If you appeal and are successful, it will be wiped off your MTO record. If you appeal and are not successful, then the conviction will stand.

Just curious - is this hypothetical or did the JP reject your 11B? 13 months is absolutely long enough for an 11B.

Would also like to add... those two cases basically say that minor misjudgments and momentary inattention are not grounds for careless driving. Also in Erredia, the officer charged the driver with careless "because no other charge fit." (This was due to a cracked mirror where a transport truck tried to squeeze by a parked garbage truck on a narrow ...

Also, this was my first offence, if that helps.


It probably would. You'll likely be offered a plea-bargain to a lesser offence, perhaps even a municipal by-law infraction. That would lower the fine, for starters. The demerit points do not affect your insurance - convictions do. Municipal by-law infractions really don't end up on your driving ...

Reminds of a funny thing this past summer. While driivng/exploring down a backroad (logging) in northern Ontario I was touring at about 20km/hr and crossing a swamp, I noticed a bend in road, same on GPS, GPS showed another road coming up on my left part way across the swamp.....well got to that "intersection" and NO road at all to the left ...

Given your lack of previous convictions, you will probably be offered a plea-bargain to a lesser speed. It's your choice if you want to take that or not. Speeding cases are not so easily won. In almost all instances, they are won on technicalities. Some examples include: failure to provide disclosure by the Crown; no notes about testing the device ...