Search found 2654 matches

by Radar Identified
Thu Nov 25, 2010 2:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Do I Have chance of successful 11b? HTA 136 (1)(a)
Replies: 16
Views: 5446

Re: Do I Have chance of successful 11b? HTA 136 (1)(a)

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 ...
by Radar Identified
Thu Nov 25, 2010 2:33 pm
Forum: Courts and Procedure
Topic: Process of filing form 4F based on 11B, constitutional right
Replies: 32
Views: 23553

Re: Process of filing form 4F based on 11B, constitutional r

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 ...
by Radar Identified
Thu Nov 25, 2010 11:37 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Another 144(18)
Replies: 4
Views: 1507

Re: Another 144(18)

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 ...
by Radar Identified
Thu Nov 25, 2010 11:18 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 22 km over (72 in 50 zone)
Replies: 27
Views: 6371

Re: 22 km over (72 in 50 zone)

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.
by Radar Identified
Thu Nov 25, 2010 11:16 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure and court date
Replies: 10
Views: 3192

Re: Disclosure and court date

Did you ask for the radar manual?
by Radar Identified
Tue Nov 23, 2010 5:56 pm
Forum: Courts and Procedure
Topic: Process of filing form 4F based on 11B, constitutional right
Replies: 32
Views: 23553

Re: Process of filing form 4F based on 11B, constitutional r

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.
by Radar Identified
Tue Nov 23, 2010 5:49 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera Ticket - To Fight or to Plead???
Replies: 6
Views: 17816

Re: Red Light Camera Ticket - To Fight or to Plead???

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 ...
by Radar Identified
Tue Nov 23, 2010 5:40 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 1st Ticket: 100km in a 60km zone south of Middlefield (Tor)
Replies: 5
Views: 3200

Re: 1st Ticket: 100km in a 60km zone south of Middlefield (T

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.
by Radar Identified
Tue Nov 23, 2010 12:47 pm
Forum: Courts and Procedure
Topic: Process of filing form 4F based on 11B, constitutional right
Replies: 32
Views: 23553

Re: Process of filing form 4F based on 11B, constitutional r

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 ...
by Radar Identified
Mon Nov 22, 2010 12:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 1st Ticket: 100km in a 60km zone south of Middlefield (Tor)
Replies: 5
Views: 3200

Re: 1st Ticket: 100km in a 60km zone south of Middlefield (T

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 ...
by Radar Identified
Mon Nov 22, 2010 12:05 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera Ticket - To Fight or to Plead???
Replies: 6
Views: 17816

Re: Red Light Camera Ticket - To Fight or to Plead???

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 ...
by Radar Identified
Sun Nov 21, 2010 11:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Stop light camera
Replies: 4
Views: 1754

Re: Stop light camera

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.
by Radar Identified
Sat Nov 20, 2010 11:29 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Stop light camera
Replies: 4
Views: 1754

Re: Stop light camera

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.
by Radar Identified
Sat Nov 20, 2010 11:26 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera Ticket - To Fight or to Plead???
Replies: 6
Views: 17816

Re: Red Light Camera Ticket - To Fight or to Plead???

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 ...
by Radar Identified
Sat Nov 20, 2010 11:20 pm
Forum: Careless Driving
Topic: Careless Driving - with 3-Day Suspension alcohol warning
Replies: 7
Views: 6573

Re: Careless Driving - with 3-Day Suspension alcohol warning

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 ...