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1. Is there anything expected of me in court? For example do I explain myself again? Or simply go through the motions?


Just go through the motions. They will call your name, arraign you "you are charged on or about the (date) in the city of... with disobey sign contrary to the Highway Traffic Act section 182 (2), how do you plead?" Then you ...

It sounds like the new owner did not file the paperwork with MTO.

The sign didn't have any Mon-Fri timed restriction, i don't know how i can go about fighting this. If i bring my GPS or show them pictures of my GPS showing a left turn at Bathurst from Lakeshore E/B?

Unfortunately, no. This will not get you out of a ticket. No matter what the GPS tells you to do, you still have to obey all signs.

I read ...

Ultralyte wrote:I am just wondering, does this ticket gonna appear on my record? Insurance company has access to it?

No, and no. Convictions and suspensions are the only thing that go on your record. That's also all that your insurance company will have access to.

Congratulations!

Thanks for the update - that is useful information!

If they have not given you access to any sort of manual, then yes you should push it. You have every right to access the relevant parts of the manual, if they plan on using any information from it during the trial. Get an adjournment, make sure that it is clear that the delay is the Crown's fault.

Some sort of municipal by-law infraction should probably do it. That's often offered for this particular offence.

I'm going to guess you were stopped by the Hamilton Police.

Anyway, with Speeding 67 km/h over the limit, you are looking at about $654 in fines (not including the victim surcharge and court costs), and because you are a G2 driver, an automatic 30-day licence suspension for getting 6 demerit points. That may sound a bit tough, but with Stunt ...

If you are using the "Sworn Statement" is your first trip to the Commissioner to get this document signed before taking it to the Prosecutor?

Yes. You can get that done at the courthouse for free, as diehard did. Or, if you don't have the time (or in my case, the patience), you can pay a Notary Public or Commissioner and get it done there - but ...

Does the ticket say that you are charged with Speeding - section 128 of the Highway Traffic Act? If so, that explains the "no impound." Theoretically, the Prosecutor could amend the charge to Stunt Driving - section 172, but that is not too likely. Sounds like the officer gave you a bit of a break by not going for Stunt Driving. You might want to ...

I would definitely seek professional help (paralegal, lawyer) for this charge.

As for the chances in court, the Ontario Court of Appeal ruled that there must be some sort of fault on the part of the defendant in order to be convicted of stunt driving. If you took reasonable steps to avoid driving more than 50 km/h over the limit, you could be ...

Can you provide some more detail?

- Where did it happen?
- Did a crash happen, did you go off the road, did you hit another vehicle?
- Was it snowing? Was it due to black ice?
- What offence were you charged with (what does it say on the ticket)?
- How much is the fine that is written on the ticket?

One sentence is not enough information to be ...

Just a quick note: This thread was originally tacked on to another Red Light Camera offence thread. I split it off so that there is a clear, distinct thread for it.

I'm not sure if I should fight the ticket or not... I crossed the intersection with caution, 10 km below the limit since it had finished raining and the road was wet. Not sure if that ...

Problem is, with this particular offence, you either stop or you do not. Often this offence is viewed as "strict liability," which basically means that if you did commit the offence, you have two defences: 1. Defence of necessity (life-threatening emergency requiring you to fail to stop), or 2. Defence of due diligence (you took reasonable steps to ...

I think the police recruiter would like to see that the applicant paid the full amount and "learned" from the incident.

If you choose to fight it, we can help. Given the situation, though, I am not sure that is a wise course of action.

16B is not required if you serve everything personally. The stamps should serve as proof that you served the appropriate parties. However, if you are going to fax/mail the notices, you will have to get something SIMILAR to the 16B. You could also just write a simple affidavit stating that you served the Attorneys-General, and get that signed ...

1. I also took the equivalent of the red part out, although I used an affidavit format instead of a Sworn Statement. I'd agree, innocence is not something to be argued in the affidavit/statement. All you are saying is that going to trial took an unreasonably long time.
2. Same courthouse. I used "Ontario Court of Justice" and then "Provincial ...

A, Take the first attendance meeting and say thank you very much for whatever the prosecutor offers me. If he offers me nothing then take it to court, plead guilty and beg for lenience or hope the officer doesn't attend.

B, Go to trial, hope the officer does not show up, the prosecutor offers a deal right before trial or that the judge takes pity ...

I'd file it now. The delay is apparent now, so you may as well get the paperwork in. That said, as long as you have it filed at least 20 calendar days before the next trial, you'll be okay.

Did you ask for the radar manual?

Blank page is unnecessary. I used a cover page, so that they could identify that the paperwork was all identical, and they just stamped that. If you want tabs, an indented label would be a good idea.

To proceed with a Plea of Guilty and go for the reduced fine, do I have to book a court date? I'm not sure if I can go directly to the court house and ask for a reduced fine and pay it on the spot, or if I have to book a court date separately to go through the process on another date?


What you should do is take the offence notice and a Notice ...

6 weeks? You'll be lucky if it is 6 months with the Markham Road courthouse. And yes, if you have not heard, I would suggest calling them. Good luck with it.

Basically the site that referred to "blue cardboard" has the correct format. Also write in affidavit, with records of when you filed, when your court date is, and any other court records, etc., as "exhibits" to your affidavit. Get the affidavit signed by a Notary Public or Commissioner of Oaths. You can prepare a factum, which includes relevant ...

Option 2 means you are pleading guilty to the offence as charged. You would be convicted, therefore, of speeding 100 km/h in a 60 km/h zone, and would receive four demerit points. Your insurance would show a conviction for 40 over. Your insurance would definitely increase. The JP may lower the fine, but that is it. This is usually only a reasonable ...

I thought I had read somewhere that the RLC notice cannot enforce demerit points or goes on your record (similar to a parking ticket) as you have indicated, UNLESS you are to show up in court for a guilty plea. At this point, you could be identified as the driver and personally admitting to guilt where they could then nail the charge against your ...

What happens is, 7 days after it is mailed to you, it is deemed "served" according to the regulations. That's just a provincial statute. If it arrived earlier or later, it is meaningless. It simply means that you have 15 days from the date of your deemed service to respond to the notice.

You would not have a realistic chance of winning in court if you used that defence.

You could try pleading guilty and asking for a reduced fine. This particular offence, because it was taken by a red light camera, will not affect your insurance nor your driving record.

The problem with trying to argue that there was liquid/frost on the road is that the Prosecutor will use that against you. The Prosecutor will counter that you should have adjusted your speed for the conditions and failed to do so, and consequently, you were unable to stop. The JP will almost certainly agree, too. You can use the "unsafe to stop ...

my next question is, could the prosecutor use that against me (the 3 day warning) during the trial to accuse me of negligence and not having due care?


The "warn" and tow of the vehicle will probably be mentioned, but in and of itself, it is not proof of Careless Driving. However, it definitely does not look good.

On my careless driving ticket ...