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I didn't request the manual and the testing should be in the officers notes as far as I know, you shouldnt have to request this specifically.


Actually neo333 raised a key point in speeding defence when he asked about the manual. The manual tells you how to test and use the device. The officer is not required (and won't) write in his notes what ...

If I'm understanding this correctly... was the vehicle coming straight at you when you turned left? Or was it coming from a cross-street?

Problem is, the officer does not have discretion as to whether or not to apply demerit points. In your case, a conviction under section 154 (c) of the Highway Traffic Act would result in 3 demerit points. The courts actually don't have the power to change that, either. When you get convicted of any driving infraction, it goes to MTO. If the offence ...

hwybear wrote:From what I have seen it is only safe to park on the proper side. I have seen vehicle going in one direction, only to get the outline of a vehicle ahead,not seeing red (reflectors on back of vehicle), therefore thought the vehicle was coming at them with no lights on and went right...only to end up going across a curb and onto a lawn.

Amendable in court. With or without you.


+1

Wrong DL# is not a fatal error. DL# is "surplusage" and only helps identify the defendant and make it easier for MTO to process the paperwork. If your last name was not correctly spelled or your name was missing, that should be a fatal error.

You'll have to use more "traditional" methods of ...

Congrats on the win!

That said... that was one really helpful JP, wow.

I was wondering about the following. If a police officer is sitting in his car at the the side of the road, motor not running, observing traffic or an intersection, OR if he is out of his cruiser, handling a radar gun in a speed trap and his car is PARKED ILLEGALLY under a "no parking sign", can that be used against him in court?

In a word: No ...

BTW, Lights+Siren = slam on brakes, stop in inside lane, pull over in front of me as I pass you in the centre turning lane, and so on. At the waaaaaayyyyy bottom of the list one will find pull right and stop!

Yeah, I know... The title of the thread is what drivers are supposed to do, but rarely do it. I've seen the absolute dumbest reactions to ...

In that case, yes, your fine is correct. You're close to the "unreasonable delay of trial" point, but unfortunately not quite close enough to get the stay. 11 months is usually a comfortable margin. 10.5 months is the absolute minimum.

How sharp was the bend? Plus, leaves/vegetation all around it makes a pretty good case for obstruction of the sign (depending on how thick the foliage was)...

Reflections wrote:End of month + Court system = Aug????

August of 2012, maybe...

It is $325 total payable. It went up as of January 1. It should be:

Set fine = $260, Victim Surcharge = $60, Court Fee = $5, total $325.

The up-to-date set fine schedule can be found on the index at this link:

http://www.ontariocourts.on.ca/ocj/en/setfines/one/index.htm

Click on "Highway Traffic Act" and it will show the set fine is $260 now ...

A video of Toronto EMS transporting a shooting victim to Sunnybrook Hospital. This is why people should pay attention when they drive... Lights and siren means an emergency vehicle is approaching, so get ready to stop and give way, it does not mean speed up and try to beat the ambulance! :x

[youtube]http://www.youtube.com/watch?v=d53NjaNQYJk ...

The ticket itself isn't supposed to be entirely what you'd base your defence on. In this case, it would be the officer's notes, which you can get through disclosure after you get a trial date. The notes would tell you where you allegedly ran the red light, and what the officer saw. You can then make a decision as to whether or not you want to plead ...

If they try to give you disclosure immediately before the trial, do not accept it, and complain to the JP. That should either force a stay, or result in the JP allowing an adjournment, but charging the delay to the Crown.

As for the photographs - I think that should take care of it. If you do not get a favourable ruling at trial, it still leaves ...

Are they required to have a witness that was present at the scene in order to obtain a conviction?


More or less... unless the officer is a collision reconstruction expert.

As well the one witness who told me that the other driver accelerated to try and make the light does not have a witness statement. I was wondering if I should go and get ...

Maybe a new system should be designed and pick one option online (no response in 7 days and you are found guilty)
1) plead guilty
2) plead guilty with time to pay
3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B)
4) trial court - there will be a trial, failing to attend for trial is an extra ...

I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw.


The road itself (e.g. Hwy 7) is good enough. You're absolutely right, not including the exact position/nearest intersection/etc is not a fatal error and will not get the ...

If the "no disclosure" angle doesn't work, the issue is, can you prove that the sign is/was not visible from 60 metres? Testifying to that is not good enough, you'll need some tangible evidence.

My strong impression of the events is that the SUV had not come to a complete stop, therefore I had obtained right of way first.

If he reached his stop line first, even if he was still moving, he had right-of-way. If not, then you had right-of-way. If you both reached at the same time, you should have right-of-way (vehicle on the right rule ...

Unfortunately, the courts have no control over demerit points. If you have been convicted, there is no way to get rid of the points... unless you get the conviction tossed.

If the witnesses state that the vehicle disobeyed the red light, particularly if it accelerated, you could have a case. The other driver should have been charged with Red Light - Fail to Stop. I think the best defence here would be focusing on the fact that everything appeared to be clear, you believed it was safe to turn, and were faced with a ...

This website has been around for a while, but it's still good for a laugh:

How to Drive Like a Moron

Also... this is YouTube video that I shot, showing a couple of ways that you should NOT turn at an intersection:

[youtube]http://www.youtube.com/watch?v=eZkz1ScP7nM[/youtube]

Traffic Law wrote:I would respectfully diagree with the chances of beating this allegation.

I guess we'll have to see what the outcome is... If the case is handled professionally, the odds of winning would go up, although as you and cruzmisl have indicated, there's a few missing components to the story...

Reflections wrote:I would think so, any one else????

I think so, too. It's the content of the document that's important, not the document itself in this case.

You may have a chance, particularly if the road you were facing doesn't have a stop sign. After you've got your trial date, disclosure of the officer's notes would tell you more. Incorrect location on the ticket does not make the ticket null, but it can help you at trial, if it goes that far. If nothing else, at least requesting the trial gives you ...

How do I get about clarifiaction from the courts ?

If you had a lawyer represent you, the lawyer should be able to tell you exactly what the conditions were. Otherwise, the other recourse is to start by calling the general information line for the court where your trial was held. It will take some time, but they'll be able to tell you who to ...

SolveARealCrime wrote:because I was not actual driving the vehicle and there are no witnesses to my operating the vehicle, does that give me enough grounds to plead Not Guilty and fight the charge?

I'd say the odds of successfully beating your charge in court are about 1 in 1000.

Driving disqualified usually results in jail time. To make matters worse, usually that time will be spent in one of our overcrowded, decrepit, rat-infested provincial jails. I wouldn't operate a vessel unless I had a specific clarification from the courts that it was allowed, either.