Search found 2654 matches

by Radar Identified
Wed Nov 10, 2010 8:45 pm
Forum: Courts and Procedure
Topic: If convicted, how long for insurance companies to learn?
Replies: 5
Views: 6362

Re: If convicted, how long for insurance companies to learn?

Theoretically, as soon as MTO knows, they could find out. Probably within a couple of days, but I can't say for sure.
by Radar Identified
Wed Nov 10, 2010 8:40 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: 6677

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

14 months is the last point where JPs will allow a trial to proceed, unless the defendant caused all (or part of) the delay to trial. Anywhere in the 11-14 month range is good enough for an 11B. If June is when they've got it scheduled, I'd try filing the stuff in early May. There's some generic advice about what to include and what to write in the ...
by Radar Identified
Wed Nov 10, 2010 8:22 pm
Forum: Going the wrong way on a one-way road
Topic: wrong way on a one way to avoid a group fighting on road
Replies: 3
Views: 4061

Re: wrong way on a one way to avoid a group fighting on road

my question is do you think it is in my best interest to fight this ticket given the curcumstances.

Choose option 3 (trial). If you have a good explanation for the Prosecutor (which, it sounds like you do), they might withdraw the charge. You could also plea-bargain to a lesser infraction, if nothing else. Of course, you'd have to schedule a ...
by Radar Identified
Tue Nov 09, 2010 1:00 pm
Forum: General Talk
Topic: seize your car for 7 days..Watch out suspended drivers.
Replies: 4
Views: 2643

Re: seize your car for 7 days..Watch out suspended drivers.

I think New Brunswick has a provision where uninsured vehicles are seized and impounded. To me, not being licenced and/or insured are two basic offences where the vehicle should be immediately removed from the road. At least suspended drivers will get nailed here.

For insurance, it's very simple: Vehicle impounded, and will only be released when ...
by Radar Identified
Mon Nov 08, 2010 6:21 pm
Forum: General Talk
Topic: parking definition
Replies: 4
Views: 10363

Re: parking definition

HTA definition:

"park" or "parking", when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

In other words, loading/offloading has to be started immediately, and immediately after it is finished ...
by Radar Identified
Sat Nov 06, 2010 11:02 am
Forum: Careless Driving
Topic: Received first time careless driving ticket...what to do?
Replies: 17
Views: 8703

Re: Received first time careless driving ticket...what to do?

Small deer are one thing. The one I saw in Toronto was about the size of an elk. :shock:
by Radar Identified
Thu Nov 04, 2010 2:38 pm
Forum: General Talk
Topic: Open Alcohol In Car
Replies: 17
Views: 37361

Re: Open Alcohol In Car

viper1 wrote:P.S. where does returning empties fit in?
They're supposed to be in the trunk, or otherwise out of the passenger compartment (e.g. could carry them in the flatbed area on a pickup truck).
by Radar Identified
Thu Nov 04, 2010 2:31 pm
Forum: Improper left turn
Topic: Improper left turn
Replies: 6
Views: 2626

Re: Improper left turn

Well this charge should be beatable. You weren't turning, you were taking evasive action. Sheesh. If you get on the witness stand and testify about the circumstances, it's likely that you will be found not guilty. He was stopped, no signal, nothing - then he suddenly started moving and cut you off.

See what disclosure gives you. The Prosecutor ...
by Radar Identified
Thu Nov 04, 2010 2:26 pm
Forum: Failing to obey signs
Topic: question about sign visibility
Replies: 1
Views: 1792

Re: question about sign visibility

Not sure about while being at the intersection. If, however, the sign was visible for at least 60 metres, you probably don't have much of a case. You could try to plea-bargain to a municipal by-law infraction instead of the HTA 182 (2) Disobey Sign. As for putting the sign up, each sign requires a by-law. If this happened in Kingston, contact the ...
by Radar Identified
Tue Nov 02, 2010 4:48 pm
Forum: Careless Driving
Topic: Received first time careless driving ticket...what to do?
Replies: 17
Views: 8703

Re: Received first time careless driving ticket...what to do?

I saw a deer in a park near Bayview and Steeles in Toronto a couple of months ago... large one, too.

But, that pales in comparison to the police chasing a moose through the streets of Ottawa about 10 years ago... also a black bear near the Ottawa Airport about eight years ago.
by Radar Identified
Mon Nov 01, 2010 6:05 pm
Forum: Careless Driving
Topic: Received first time careless driving ticket...what to do?
Replies: 17
Views: 8703

Re: Received first time careless driving ticket...what to do?

Swerving for a squirrel is definitely not a good idea. It may be what we are driven to do by instinct, but it's better to try to stop straight ahead than swerve in that case - no argument from me.

Also, Just wondering where in Ontario do you find wild Bison roaming?

You won't, however, you will find black bears, moose, and very large deer. Saw ...
by Radar Identified
Mon Nov 01, 2010 5:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ripped Ticket
Replies: 9
Views: 2070

Re: Ripped Ticket

Ripped ticket is probably not a fatal error.
by Radar Identified
Mon Nov 01, 2010 5:47 pm
Forum: General Talk
Topic: Toronto Star's SIU report
Replies: 3
Views: 1900

Re: Toronto Star's SIU report

Lots of stuff missing from the Toronto Star's report(s). I would like to know just why that officer accelerated into an illegal turn and hit the grandmother - but would like the FULL story. (Visibility, proximity to crosswalk, what was "illegal" about said turn, speeds.) I'd want the officer's side of the story before making a judgment call. The ...
by Radar Identified
Sat Oct 30, 2010 6:33 pm
Forum: Careless Driving
Topic: Received first time careless driving ticket...what to do?
Replies: 17
Views: 8703

Re: Received first time careless driving ticket...what to do?

beleafer81 wrote:Any time an animal crosses in front of you, slow down as much as possible and STAY IN YOUR LANE.
That works if it's a small animal... not so much for a moose, bison, elk, etc.
by Radar Identified
Sat Oct 30, 2010 2:52 pm
Forum: Driver failing to wear a seat belt
Topic: American citizen without a seat belt ticket
Replies: 3
Views: 3958

Re: American citizen without a seat belt ticket

does this go the opposite direction? I don't know


Yes it does.

If you are from Illinois, if you just pay the fine, that is the end of the story. Ontario will not notify the Illinois DMV about it, so your insurance company won't find out, either. If you don't pay it, then they will notify the Illinois DMV. It's a way of ensuring the payment of ...
by Radar Identified
Sat Oct 30, 2010 2:47 pm
Forum: Failing to obey signs
Topic: Right hand Lane on Ellesmere and Kennedy
Replies: 3
Views: 2206

Re: Right hand Lane on Ellesmere and Kennedy

I guess they're targeting the area due to the high accident rates.

They're targeting the area because that particular intersection has a lot of people blowing by vehicles in the turning lane and then attempting to ram their way back in at the intersection... or proceeding across the intersection and cutting drivers off... causes more traffic ...
by Radar Identified
Sat Oct 30, 2010 2:28 pm
Forum: General Talk
Topic: Pleae - Don't Drink and Drive
Replies: 1
Views: 1115

Re: Pleae - Don't Drink and Drive

[youtube]http://www.youtube.com/watch?v=FqvLcVBOhP4[/youtube]

"If you drink, then drive, you're a bloody idiot." - TAC Australia
by Radar Identified
Sat Oct 30, 2010 2:18 pm
Forum: General Talk
Topic: Open Alcohol In Car
Replies: 17
Views: 37361

Re: Open Alcohol In Car

Some HTA/LLA offences are extremely easy to prove, and this is one of them. The standard for conviction is that the officer observed a container of alcohol in the passenger compartment that was open... and that's it. Given the situation, I'd suggest either plea-bargaining or just paying it.
by Radar Identified
Sat Oct 30, 2010 2:13 pm
Forum: General Talk
Topic: Fine Increased After Court Date
Replies: 3
Views: 1837

Re: Fine Increased After Court Date

If the set fine is $18.75, then you'd add $5 for court costs and, I think, $5 for the victim surcharge (I'd have to double-check that amount, though)... so $28.75 is the correct total payable.
by Radar Identified
Tue Oct 26, 2010 12:02 pm
Forum: General Talk
Topic: Attempted Car Theft
Replies: 8
Views: 2515

Re: Attempted Car Theft

Also, any force that is used must be reasonable to meet the situation. If the guy surrenders and stops, you wait for the police to show up - in that case, you can't punch him 600 times in the head and expect not to be charged.

For example, in Windsor a few years ago, a thief broke into someone's house while he was having a party. (This was not a ...
by Radar Identified
Tue Oct 26, 2010 11:50 am
Forum: General Talk
Topic: Parking Lot Incident
Replies: 4
Views: 1890

Re: Parking Lot Incident

The "illegally parked" is only if it occurs on a public road (highway) outside of a city, town or village. There are separate rules for parking lots - which, unfortunately, would place you at fault.
by Radar Identified
Sun Oct 24, 2010 1:19 pm
Forum: Careless Driving
Topic: Careless, Fail to remain, Fail to report
Replies: 5
Views: 2919

Re: Careless, Fail to remain, Fail to report

The Justice of the Peace would believe you if you give credible testimony and there really was no damage to your vehicle.

As an aside, it doesn't take much for $1600 in damage to occur. A pickup truck trying to pass on the shoulder of the 401 in stop-and-go traffic sideswiped me (and six others) a few months ago - all I had were paint scrapes ...
by Radar Identified
Sun Oct 24, 2010 1:05 pm
Forum: Failing to yield the right-of-way
Topic: Fail to Yield from Private road under 139(1). Options?
Replies: 8
Views: 9158

Re: Fail to Yield from Private road under 139(1). Options?

Traffic Law wrote:This charge is not "might be beatable" it "is" beatable.
Semantics.
by Radar Identified
Sun Oct 24, 2010 12:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket caught on radar, challenge in court?
Replies: 5
Views: 4815

Re: Speeding ticket caught on radar, challenge in court?

I used a Ticket Combat Disclosure template which explicitly asks for a typed version.

Agree with hwybear. If the notes are reasonably legible, a typed version is not required. The purpose of disclosure is to get the information you need to make a full answer and defence to the charge. Chances are, the Prosecutor could read the notes, so they ...
by Radar Identified
Sun Oct 24, 2010 12:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong speed limit
Replies: 11
Views: 3810

Re: Wrong speed limit

If the officer says you were speeding 129 km/h in a 90 km/h zone, the fine is not correct and the ticket should be quashed (London v. Young case). I'd follow Traffic Law and Simon Borys' advice here. If you do not show up for trial, the Justice of the Peace has to examine the ticket for fatal errors, like incorrect set fine/total payable. As the ...
by Radar Identified
Wed Oct 20, 2010 10:20 pm
Forum: Careless Driving
Topic: Careless, Fail to remain, Fail to report
Replies: 5
Views: 2919

Re: Careless, Fail to remain, Fail to report

Well if the events are as you describe them, every charge should be beatable in court. It is, unfortunately, starting to happen quite regularly now that people involved in traffic disputes now call police and say that the other driver hit their vehicle and fled. The police will need the other driver to attend court. The fail to remain, fail to ...
by Radar Identified
Wed Oct 20, 2010 10:08 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?
Replies: 7
Views: 6762

Re: HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?

Basically, if you are sure that you stopped your vehicle and there was no hazard created when you moved forward, you'd testify to that. If your testimony is rock-solid and not shaken on cross-examination, the JP may find you not guilty. What usually happens is that the officer's testimony is clear, concise and credible, and a defendant's is not ...
by Radar Identified
Wed Oct 20, 2010 10:00 pm
Forum: Failing to yield the right-of-way
Topic: Fail to Yield from Private road under 139(1). Options?
Replies: 8
Views: 9158

Re: Fail to Yield from Private road under 139(1). Options?

Charge might be beatable, but you'd really have to do your homework. As for a by-law infraction, this would be obtained by plea-bargaining on the day of trial. If you offer to plead guilty to a by-law infraction, in exchange, they'd drop the charge of faling to yield (or at least that's the theory).

Here's section 139 (1) of the Highway Traffic ...
by Radar Identified
Wed Oct 20, 2010 9:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong speed limit
Replies: 11
Views: 3810

Re: Wrong speed limit

Agreed: The charge (speeding 129 km/h in a 90 km/h zone) doesn't match the set fine. Did the location simply say "Hwy 400" or was it more specific?
by Radar Identified
Wed Oct 20, 2010 9:49 pm
Forum: Improper right turn
Topic: What happens if there is error on a Ticket?
Replies: 10
Views: 16494

Re: What happens if there is error on a Ticket?

The ticket lists the location of the offence, not the traffic stop. If you committed the offence on Van Horne, then it is correct. Incorrect birth date is not sufficient to get the ticket quashed.

Can you tell us what you were charged with, and maybe some more detail? There could be other ways of fighting the charge.