Search found 2654 matches

Your licence will remain suspended until all outstanding fines are paid. The first step is taking care of that.

Have you paid all of your fines? If so, the only issue should be a licence reinstatement fee. To get started, you can either order a transcript of your licence, or you can call MTO directly. If your fines have not been paid, you cannot get your licence back. MTO's Driver Improvement Office may be contacted at 1-800-303-4993 or via e-mail at ...

Having read the newspaper article... if JPs/Justices in lower courts actually follow the Ontario Court of Appeal's guidance, this should work. (Key word: IF.) Actually it makes it easier to defend a stunt driving charge than regular speeding.

Doherty provided a number of examples where someone speeding might be acquitted of a stunt racing charge ...

You didn't actually speak too soon... If the road is a provincially-controlled highway, the signs must be bilingual, even in Toronto (e.g. hwy 401). On those roads, bilingual defence would apply. :shock:

The reason "bilingual defence" first came up is because the articling student who was representing his boss (R. v. Myers case... defendant was ...

See this link:

Guidelines for Submitting Photographs

Follow those and there's a 90% chance the photos will be admitted. BUT - the time-date stamp has to be within a reasonable amount of time.

What I recommend to ask for in disclosure cases are:

- Full copy of the officer's notes, typed if they are not clearly legible
- Copy of the manual for the speed measuring device used by the officer
- Photographic and/or video evidence, if any exists and the Crown intends to use it at trial

Yes, you should be specific. If your disclosure request ...

Couple of things:

1) You say the sign reads "no left turns 7 to 7" In Toronto they have a bilingual by-law that means all signs like that must be french and english. your discription of the sign doesn't sound bilingual.

Unfortunately, because the case (read: only case) that raised bilingual defence did not go to the Superior Court level, no ...

Provided it is from a one-way street on to a one-way street, you can turn left on a red. Section 144 (19) of the HTA:

Exception – turn

(19) Despite subsection (18 ) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute ...

This charge is rarely used, largely because there are very few people who would cling on to a car if they're on toboggans, skis, rollerblades, etc., and even fewer people who would actually knowingly tow someone using their car. However, there are some incidents that have occurred in Ontario where people have been towed by cars. An example of what ...

brentdub wrote:the Ministry decided to use yellow lines and road signs to signify a suggested actions and white lines and signs to spefify mandatory actions.

That's the best way of describing it.

In response to CoolChick:

1. Most of what you are writing about is from the United States. Probable cause, Bill of Rights, are American concepts. We are in a country called "Canada." We have the Charter of Rights and Freedoms, and cruzmisl already covered reasonable grounds.
2. Mennonites/Amish do not drive motor vehicles. They use horses, for ...

For ease of reference, since this has to do with the same ticket, please keep it to one thread. It's easier to get the "big picture" if we can see it on one thread. Please continue the discussion on the original thread here:

http://www.ontariohighwaytrafficact.com/topic1986.html

Well.. I am wondering how many times I can defer a court date...

I received a ticket and well I was writing my exams so i defered my first court date… and now I am in Alberta working for a couple of month so I need to defer my second date as well.. is it possible to do it twice.. or do I lose the case by default?

and if i can defer it, how ...

-Officer's notes-typed
-Proof or radar read
-when was the radar tested/ a copy of the test manual


Officer's notes: Will get that. It should have the speed that he recorded you doing, plus the time(s) of the testing of the device. If they are legible, they do NOT have to be typed.

Proof or radar read: See below.

Manual: Ask for a copy of ...

+1

OPP Tribute video:

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

beleafer81 wrote:Judging from previous posts I dont think so. I dont think the cop needs to be overly specific on the ticket. Thats what disclosure is for.

Correct. If the location is MISSING the ticket is invalid. If the location is incorrect, the ticket isn't invalid, but it provides ammo for the defence.

Can this be done at any point before the trial date?

Sort of... but it should be done ASAP.

Will I need any documentation if I say it's my grandmother's funeral?

Probably not, but you should have documentation in case they ask for proof. The JP would be perfectly reasonable in making that kind of request, too, IMO. If you've got a lot of ...

Marquisse wrote:If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.

+1

If anyone knows the name please reply as soon as possible so I can start my disclosure request.


I don't know the name, there are several different types in use. However, if you're wondering, you don't actually need to know the name/make/model of the device. This happens quite often in speeding cases, where defendants request a copy of the ...

I am sure there must be an external testing procedure otherwise we are relying on the device to test itself.

We've had an extensive (and on-going, unresolved) debate regarding whether or not internal tests are sufficient. My contention was, and is, that they are not. The in-car radar devices that are affixed to the patrol vehicles typically are ...

Speed itself may constitute careless driving, but on a lonely, quiet, isolated road with no way of verifying speed... tough call... Some relevant information:

The courts have ruled that this means that careless driving is where someone's conduct clearly falls below that expected of a reasonable and prudent driver. (R. v. Martinez, 1996) Driving ...

Mazda wrote:Question: how would I go about rescheduling the trial to a later date?

Go to the courthouse and ask for the paperwork to file a motion to re-schedule the trial. You'll have to appear before a JP and explain your reason for wanting to re-schedule.

I guess the next question is, what section were you charged under? Even with her blocking the intersection, any turn you make has to be in safety. The only way to really "beat" this charge would be if you were charged under the incorrect section, or if the "witness" (other driver) fails to show for trial... otherwise the only course of action I ...

1. My ticket was issued on December 5th with a set fine of $260 and payable of $325... I see now the fines have increased to set of $400 and payable $490. When was this increase made?

The increased set fine amounts went into effect on January 1 of this year. As your ticket was issued before then, if the case is settled out of court then you ...

I'm thinking though that I will try to speak to the Prosecutor before-hand if possible, and plea bargain it down to something without demerit points (Thanks for letting me know, I didnt know something like this was possible.) I'm still in the high-risk category so I think my insurance rates will skyrocket...


Some courthouses in Toronto offer ...

So, in the end, the Judge told my girlfriend to come back in August with the proof of what was inside the registered letter.

Just a question... do you know if the JP told the clerk "make sure I am seized for that day"? Regardless, I think the JP was preparing for a favourable ruling to your girlfriend. Otherwise, he would've ordered the trial to ...

So would it be correct to say that she came through the intersection, stopped, you started to turn and in the process of turning you scraped her stopped vehicle?

Step 1. Pay fine.
Step 2. Order transcripts.
Step 3. File appeal at courthouse.

However - in order for your conviction to be overturned, the Justice of the Peace must have erred in fact or erred in law. Translation: JP had to either have improperly interpreted evidence or failed to properly consider evidence brought before the court, or not ...

After you get around the turn you should step on the gas peddle to get up to speed. (This case 100 KPH)


:?

Those advisory signs are not set by engineers and are invariably well below the design speed of the curve. (EG Hwy 401 W/B on-ramp to S/B Hwy 427: Advisory speed = 90 km/h, Design speed = 130 km/h.) Actually, studies have shown people ...

The only thing I can really recommend is, if you believe that your interests have not been properly represented by your hired counsel, talk to them directly. If they did "screw you over," I'd suggest discussing it with the Law Society of Upper Canada.