Search found 2654 matches
- 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.
- 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 ...
- 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 ...
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 ...
- 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 ...
For insurance, it's very simple: Vehicle impounded, and will only be released when ...
- 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 ...
"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 ...
- 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. 
- Thu Nov 04, 2010 2:38 pm
- Forum: General Talk
- Topic: Open Alcohol In Car
- Replies: 17
- Views: 37361
Re: Open Alcohol In Car
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).viper1 wrote:P.S. where does returning empties fit in?
- 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 ...
See what disclosure gives you. The Prosecutor ...
- 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 ...
- 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.
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.
- 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 ...
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 ...
- 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.
- 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 ...
- 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?
That works if it's a small animal... not so much for a moose, bison, elk, etc.beleafer81 wrote:Any time an animal crosses in front of you, slow down as much as possible and STAY IN YOUR LANE.
- 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 ...
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 ...
- 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 ...
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 ...
- 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
"If you drink, then drive, you're a bloody idiot." - TAC Australia
- 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.
- 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.
- 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 ...
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 ...
- 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.
- 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 ...
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 ...
- 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?
Semantics.Traffic Law wrote:This charge is not "might be beatable" it "is" beatable.
- 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 ...
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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
Here's section 139 (1) of the Highway Traffic ...
- 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?
- 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.
Can you tell us what you were charged with, and maybe some more detail? There could be other ways of fighting the charge.