Ontario Highway Traffic Act

Simon Borys wrote: I wouldn't necessarily advise pleaing, I just wanted to say that was an option.

I wasn't saying you were only advising a plea bargain... but with the way this charge can go, what I was saying is, plea bargain or not, professional help is definitely warranted for this charge!

Some by-law infractions can carry demerit points, and ones that prohibit turns are, unfortunately, ones that do. However, the municipalities aren't always bang-on with reporting such by-law infractions to MTO, so there's a good chance it will just go underneath their radar screen. If the officer had charged you with Proceed Contrary to Sign at ...

Generally you're looking at over 11 months delay for a good shot at the charge being stayed.

One thing to keep in mind... get your hands on the collision report and any evidence that shows the cab driver blew the red light. This is important, because although you were charged with Careless Driving, insurance will hold the cabbie 100% at fault if the evidence shows he ran the red light. Highway Traffic Act and Insurance Act are two ...

As hwybear says... if the Crown was responsible for both delays, then you could argue for an 11B (unreasonable delay of trial). The court will not consider the re-scheduling of the trial due to your father's passing as part of a "delay" that would factor into an 11B.

Best thing to do at this point would be go to court, and see if the officer shows ...

The only issue is that if he doesn't show up and they go for a 9.1 conviction and the JP doesn't notice it then he gets the conviction and has to appeal.

Therein lies the problem... JPs often just rubber-stamp the PON.

oh man these laws are confusing.

We haven't even scratched the surface yet! It gets a lot worse...

Anyway, if you do not ...

Looks like they deserved that one.

Hold up.

If the set fine is incorrect, the procedure to get the ticket quashed is actually to not show up for trial at all. The Ontario Court of Appeal made this clear with the London v. Young ruling. If you show up for trial, the JP can amend the certificate and correct the mistake. If you do not, the JP must examine the ticket to ensure it is ...

I don't get it. Isn't that what salesmen do?

If the guy is a cheap, dirty salesman, then yes... But most of them just want the sale and to be able to make a profit/commission. $66 000 for a $41 000 is total fraud. I mean, it appears that they deliberately tried to take advantage of a person who was probably a bit "developmentally delayed." If ...

By-law infraction is much better than an HTA charge. So looks like a good outcome in the end.

The disagreement among the Prosecutors... this could be useful in the future...

I especially like the guy who went through the red in the lane right next to the sheriff's cruiser

Sheriff's Deputy to Driver: "I'm going to give your passenger a new T-shirt. It says I'M WITH STUPID."

Many of those look like the driver wasn't even looking at the surroundings, rear-ending vehicles that had been stopped for a while, passing ...

You can still use R. v. Sandhu. The premise of Sandhu was that the officer could see the signal, and insisted that it was red. The defendant said it was amber when he entered the intersection. The defendant was found not guilty of Red Light - Fail to Stop, because his testimony was rock-solid and unshaken, in that he did go through the intersection ...

Over here, too many people drive at night without turning on their headlights. Their excuse is that the DRL's are giving them enough illumination. They forget about being easy to see from behind.


+1

How many drivers would just pull over and call for a tow if that happened to them?

Probably less than 20%.

A lot of the others would probably ...

Glad to hear that you're okay. I agree with the others - try not to dwell on it. It's sad that the young man chose to end his life, but it's nothing you could've stopped. What more could be expected of you? Nothing. You can't do everything or read people's minds. At this point, the main thing is that you walked away from the situation safely, and ...

I agree, tuning fork test is not required.

In fact, the officer did a "road test," where he drove down the road and measured the radar readout versus the calibrated speedometer of the patrol vehicle. He did the test on the southbound lanes of highway 10. That's more accurate than a tuning fork would be in any event, so both an internal and ...