Ontario Highway Traffic Act

Dwayne2 wrote:Thank you iFly, I take it this is the same if you are turning right or straight?

Correct - any driver with a Stop sign must yield to traffic on the road without the stop sign.

Just a heads-up, Quebec's traffic ticket court system is very complicated. If you're contesting any ticket in Quebec, I'd recommend consulting with some sort of legal representative who has experience with the Quebec system. For example, in Ontario if the officer doesn't show up, the Prosecutor will usually withdraw the charge - but that's not the ...

I'd say yes. The London v. Young ruling focused heavily on the set fine issue. As we know, there are only a few things that render a ticket null and the set fine is definitely one of them. There's the R. v Monahan decision which says quite clearly that even if the total payable is correct, if the set fine is wrong, the certificate is not complete ...

"sad dig s little bit".

In context: "You might want to contact the court and dig a little bit to make sure you haven't been convicted."

Is it possible to cast reasonable doubt that his headlights were non-functioning through correlating the fact that 1) he was uninsured and 2) it was an old 1994 vehicle and therefore would more likely neglect to change his headlights?

Shadow of a doubt? Yes. But reasonable doubt, no.

Your testimony regarding the condition of his headlights ...

I know, but I did not have to pay the $150 fee, according to the lady I spoke to at Service Ontario.

Oops, I misread your post... that's what happens when you read too quickly. Anyway... Maybe it was due to it being an Administrative suspension only? Don't know.

I will definitely seek disclosure and legal aid if I'm not offered a plea deal. I ...

File for disclosure of the evidence against you (if you haven't already). You want the officer's notes and a copy of the relevant parts of the radar/laser manual, as well as any audio/video evidence that they have. Maybe the officer's notes have something missing.

So if the officer in the pickup had his head turned to talk to the other officer ...

Yes it does, from a signage standpoint. However, if you exited an 80 km/h zone into a 50 zone while going east, the lack of an 80 km/h westbound sign at the changeover point doesn't provide a defence to going 80 in a 50 zone, if that's what you're asking. They don't really expect drivers to look in their rearview mirror. So, it would be a valid ...

Also, I went to Service Ontario to reinstate my license, and I was informed I did not have to pay the $150 reinstatement fee. Does anyone have any idea why?

Any time your licence gets suspended, MTO (by extension Service Ontario) wants $150 to make it valid again. They say it's due to administrative costs. I think $150 is a cash grab, but that's ...

This is why it is very important to call around and talk with several paralegals/lawyers before you pay one to defend you. Unfortunately, this has been my experience while observing trials as well. Again I am not saying that ALL paralegals/lawyers are like this, because you will eventually find one that is willing to prepare properly and be ...

By pleading guilty, you can't change it. That's why some jurisdictions have Early Resolution, since they are leaving it open for discussion. The plea bargaining would take place on the day of trial anyway, so an early meeting with a Prosecutor saves court time versus a "guilty, guilty with explanation or not guilty" offence certificate.

There's numerous instances where the Supreme Court has overruled and/or declared it's own rulings outdated. 20 years ago, it may have been necessary to stop every single car to check insurance, but advancements in technology can make it possible to check insurance without having to stop the vehicle today. Therefore, there is validation to the ...

The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but ...

Just to add... you'd likely get the ticket in the mail.

Do you know if there is a chance at the Early Resolution they can just charge me as the owner of the vehicle and the driver just like the police officer said? I would rather get that at the meeting then having to go to trail. Even though I know my defense is strong and that I did nothing wrong, I do not want the stress of going to court and going ...