Search found 2654 matches

by Radar Identified
Sat Aug 28, 2010 1:46 pm
Forum: Bylaws Pertaining to Traffic
Topic: Entering roadway from opposing private driveways
Replies: 2
Views: 4272

Re: Entering roadway from opposing private driveways

I would think, based on the Fault Determination Rules, that car B is 100% at fault... unless Car A was turning left into the right-most lane. Based on your description, it seems as though what really happened was car A was turning left, car B turning right, and then car B made an improper lane change and banged into car A. Car B was trying to alter ...
by Radar Identified
Sat Aug 28, 2010 1:38 pm
Forum: Failing to remain at the scene of a collision
Topic: Hitting a city sign pole
Replies: 7
Views: 9602

Re: Hitting a city sign pole

A ticket is something that can be resolved out of court by simply paying it, or you can opt for a trial, etc. A summons is where you are going to have to appear in court regardless. (There's more to it than that, but that's the simplest explanation.) Both of them charge you with an offence, but a summons is used (as the name suggests) to summon you ...
by Radar Identified
Sat Aug 28, 2010 1:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Going 114 in an 80
Replies: 1
Views: 1541

Re: Going 114 in an 80

Excuses are not going to get the ticket dropped, nor will it result in you being found not guilty. Speeding is an "absolute liability" offence, which means that the standard for conviction is that the Prosecutor proves that you exceeded the posted speed limit. How, and why you were speeding, is irrelevant in the eyes of the law.

Once they've ...
by Radar Identified
Sat Aug 28, 2010 1:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop at Red Light -- slid into intersection
Replies: 5
Views: 4993

Re: Fail to Stop at Red Light -- slid into intersection

You could use the Fail to Surrender Insurance Card ticket as a negotiating tool for your Red Light - Fail to Stop ticket. They may reduce the Red Light - Fail to Stop to something less serious in exchange for a guilty plea on the insurance card ticket. But, it all depends on the Prosecutor and how you plea-bargain. (As in, be nice...)
by Radar Identified
Sat Aug 28, 2010 1:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: how quickly can you stop by travelling at 84km?
Replies: 7
Views: 2969

Re: how quickly can you stop by travelling at 84km?

If you pay this ticket out of court, plead guilty to any speeding offence of 16 km/h or more over the speed limit, or get convicted of any speeding offence of 16 km/h or more over the speed limit, the demerit points are automatic.

Payment of the ticket out of court constitutes a conviction according to section 8 of the Provincial Offences Act ...
by Radar Identified
Sat Aug 28, 2010 1:09 pm
Forum: Improper right turn
Topic: 144 (9)
Replies: 7
Views: 5251

Re: 144 (9)

I'd suggest picking option 3 and filing a Notice of Intent to Appear. You should be able to plea-bargain it down to a municipal by-law infraction, which would not affect your driver record (and your insurance).
by Radar Identified
Sat Aug 28, 2010 1:07 pm
Forum: Failing to obey signs
Topic: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road
Replies: 29
Views: 15700

Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

A bylaw charge is a city bylaw that is not usually recognized by the Ministry of Transportation, subsequently if you had had the charge dropped to a bylaw your driving record would have remained clear, no record on your driving abstract

Just to add... this is why I usually recommend that, if the Prosecutor offers a bylaw infraction deal, take it ...
by Radar Identified
Sat Aug 28, 2010 1:03 pm
Forum: General Talk
Topic: 15 over in a 50 zone, should i fight it?
Replies: 3
Views: 2108

Re: 15 over in a 50 zone, should i fight it?

Keep in mind... the Prosecutor can file a motion to amend the speed back up to 75 in a 50 zone if it goes to trial.
by Radar Identified
Sat Aug 28, 2010 1:02 pm
Forum: General Talk
Topic: Passengers on the bed of a truck
Replies: 14
Views: 22042

Re: Passengers on the bed of a truck

Based on the situation described (benches that were factory-installed) I'd say you'd be okay, from a "final verdict" point of view. The problem is...

I asked three different officers... and received 3 divergent opinions.

So your passengers may be ticketed... or you may be ticketed if any of your passengers are under the age of 16.

Sorry we ...
by Radar Identified
Sat Aug 28, 2010 12:56 pm
Forum: General Talk
Topic: paid reinstatement fee, got license back but...
Replies: 6
Views: 9566

Re: paid reinstatement fee, got license back but...

Same offence (sort of), two suspensions...

What I can see is that MTO should have sent a single notice advising that you would need to pay two separate licence reinstatement fees... however, it's the government, they aren't exactly known for being great with the communication aspect of things...
by Radar Identified
Tue Aug 24, 2010 10:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop at Red Light -- slid into intersection
Replies: 5
Views: 4993

Re: Fail to Stop at Red Light -- slid into intersection

The only issue with 144 (18 ) Red Light - Fail to Stop is, did you cross the stop line and enter the intersection AFTER the light changed to red? If it was still amber at the time you entered the intersection, that may be any number of charges, but it is NOT Red Light - Fail to Stop.

If nothing else, as this is your first ticket, you may be able ...
by Radar Identified
Sun Aug 22, 2010 11:14 pm
Forum: Parking Tickets
Topic: parking in fire route
Replies: 3
Views: 7394

Re: parking in fire route

Parking infraction wouldn't result in demerit points, unless, of course, you were charged with "disobey sign"... but that wasn't the case.
by Radar Identified
Sun Aug 22, 2010 11:10 pm
Forum: Courts and Procedure
Topic: R vs White Defence
Replies: 13
Views: 5379

Re: R vs White Defence

JP Quon's decision is not binding on any other court, either...
by Radar Identified
Sun Aug 22, 2010 11:05 pm
Forum: Courts and Procedure
Topic: My successful 11b carter motion
Replies: 20
Views: 20825

Re: My successful 11b carter motion

CAROL wrote:When you say 15 days was not enough time, how many days before trial should you file?
At least 20 days.
by Radar Identified
Sun Aug 22, 2010 10:53 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: incomplete disclosure
Replies: 4
Views: 2904

Re: incomplete disclosure

imfalcon wrote:Does anyone else see a conflict or problem here?
No.
by Radar Identified
Sun Aug 22, 2010 10:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Improper info written on speeding ticket for 20km/hr over
Replies: 2
Views: 2615

Re: Improper info written on speeding ticket for 20km/hr over

I've heard from a couple friends that if anything on the ticket is incorrect it makes the ticket invalid

Your friends have incorrect information. The mistake has to be really significant for it to be invalid. If the location is MISSING, then yes, it is invalid (called a "fatal error"). As for the location being incorrect, if speed written on the ...
by Radar Identified
Sun Aug 22, 2010 10:44 pm
Forum: Failing to obey signs
Topic: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road
Replies: 29
Views: 15700

Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

I looked over the signage.

What you referred to as "the explanation for the sign" actually is an entirely different sign. "INDICATE RIGHT TURN FOR SERVICE ROAD ONLY" appears to be there because, beyond the turnoff for the service road, is another intersection, and they do not want to have people prematurely signalling for a right turn if they don ...
by Radar Identified
Mon Aug 16, 2010 11:29 pm
Forum: Careless Driving
Topic: Careless Driving ( rear ended someone)
Replies: 1
Views: 2742

Re: Careless Driving ( rear ended someone)

Interesting that several days later, "I'm sore and I'm going to the hospital." With a 10 km/h hour collision... :roll:

My suggestion is to get some professional advice with this charge. I'm not really sure that Careless Driving is an appropriate charge for the situation, as it is very serious. You may want to consider contacting your insurance ...
by Radar Identified
Mon Aug 16, 2010 11:12 pm
Forum: Careless Driving
Topic: Careless driving charge (stopped at a yellow)
Replies: 8
Views: 3141

Re: Careless driving charge (stopped at a yellow)

Couple of questions: Were you able to stop before the stop line? And you were rear-ended, correct? I can't say why you were charged with careless driving if you got rear-ended and you just did a simple straight-ahead stop before the stop line. However, if you hammered the brakes, locked the tires and skidded past the stop line, then careless ...
by Radar Identified
Mon Aug 16, 2010 11:05 pm
Forum: Compulsory Automobile Insurance Act
Topic: typical insurance cost?
Replies: 4
Views: 1891

Re: typical insurance cost?

Generally you can go on-line. It's the fastest and easiest way. Phone quotes can be a total Gong Show, although sometimes if there are highly specific circumstances, it's better to use the phone. (Example: You are moving from out of Canada and the insurance company wants to classify you as a "new" driver.)
by Radar Identified
Mon Aug 16, 2010 11:01 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera System Offence Notice
Replies: 3
Views: 4126

Re: Red Light Camera System Offence Notice

You will not get demerit points and your insurance will not go up, since you are being charged as the vehicle owner. As for uploading, there are a couple of websites like www.photobucket.com or others where you can post a link to it, or get the image url. Please make sure that you blur/edit out any personal data on the uploaded photo so it protects ...
by Radar Identified
Mon Aug 16, 2010 10:56 pm
Forum: General Talk
Topic: Lazy Generation?
Replies: 30
Views: 8543

Re: Lazy Generation?

Well said Slyk...

In fact, some of the uber-spoiled kids that I envied (and who probably made fun of me) when I was younger, are incapable of doing anything for themselves now, or live in a perpetual sense of entitlement, and have the idea that everyone/society/the world owes them things.

This is a much bigger problem than people realize. In ...
by Radar Identified
Mon Aug 16, 2010 10:33 pm
Forum: General Talk
Topic: Enough is enough
Replies: 16
Views: 5135

Re: Enough is enough

My view on this probably won't be popular, but it comes from having plenty of relatives and friends who have dealt with both systems. Public insurance has lower rates for drivers, but they also have lower payouts for people who get injured (substantially lower). ICBC had a particularly insidious advertisement, where they showed how they treated ...
by Radar Identified
Mon Aug 16, 2010 10:23 pm
Forum: General Talk
Topic: Driver fail to provide identification; (not stopped in veh)
Replies: 6
Views: 3018

Re: Driver fail to provide identification; (not stopped in veh)

I'd have to agree with Slyk. As you described it, you stopped the vehicle, the officer observed you exit the vehicle, and then asked you for identification. He could see that you were in charge of the vehicle, because you walked out of it. They do not have to pull you over on the road. It does not have to be a "traffic stop." If the version of ...
by Radar Identified
Mon Aug 16, 2010 10:17 pm
Forum: Courts and Procedure
Topic: Disclosure requested 3x, want to file a motion
Replies: 11
Views: 5793

Re: Disclosure requested 3x, want to file a motion

Before you can do that, you'd have to file another disclosure request, indicating that this one was inadequate or improper. If they then fail to comply, file the motion. But make one last attempt. That should be enough to CYA and hopefully the JP agrees that the Crown goofed.
by Radar Identified
Mon Aug 16, 2010 5:47 pm
Forum: Failing to obey signs
Topic: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road
Replies: 29
Views: 15700

Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Truthfully, I don't think an appeal would work. The reason being, for you to win on appeal, the JP has to have made an error in convicting you based on the facts before him/her. It does not sound like that happened. If you are going to appeal it, I would suggest that you seek out a paralegal to see if it is even worthwhile. Chances are, they will ...
by Radar Identified
Sat Aug 14, 2010 3:24 pm
Forum: Courts and Procedure
Topic: My experience with a s.135 POA appeal
Replies: 11
Views: 7580

Re: My experience with a s.135 POA appeal

One word: NICE. 8)
by Radar Identified
Sat Aug 14, 2010 3:23 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - fail to stop, wrong fine
Replies: 1
Views: 2020

Re: Red Light - fail to stop, wrong fine

You may be interested in this thread here:

http://www.ontariohighwaytrafficact.com/topic1851.html

Pay particular attention to the comments regarding another member, Off_Camber, who also had a ticket with an incorrect fine. Another member, Keroba, also won a case recently where he was given a ticket with an incorrect fine for "failure to surrender ...
by Radar Identified
Sat Aug 14, 2010 3:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: First speeding ticket ever today: advice & help pls.
Replies: 1
Views: 2179

Re: First speeding ticket ever today: advice & help pls.

Bring the insurance card with you to court. Since this is your first offence, they'll likely be willing to negotiate with you, if you choose to go that route.

You do not need any legal counsel for this particular charge, however, if you are concerned or intimidated, you could hire a paralegal to take care of the negotiating for you. The paralegal ...
by Radar Identified
Sat Aug 14, 2010 3:01 pm
Forum: General Talk
Topic: One-man demolition derby on the 401
Replies: 0
Views: 1127

One-man demolition derby on the 401

http://www.thestar.com/news/gta/crime/a ... on-hwy-401

http://toronto.ctv.ca/servlet/an/local/ ... ntoNewHome

I think he must've either been mentally ill or high on drugs, but O-dot will find out.

I was also one of the many motorists he hit. :x