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1. What happens if i get an Alberta Driving license. Do i still have to worry about attending this court date?


Yes, you do - or you can get someone to represent you in your absence. When you apply for an Alberta Driver Licence, they extract your driver history from Ontario. If you do not attend, barring a major error on the ticket, a ...

That's a long shot, though...

hwybear wrote:Most instances those involved in a MVC stay blocking a lane(s) instead of moving to a close safe location, hence police are called.

I guess the concept of "if it's a fender-bender, pull off the road" is a lost one.

For starters, file the ticket and Notice to Appear. From there, once you get your trial date, you can make the disclosure request (just makes it easier). You have a right to disclosure. Fax it or send it via registered mail. "Proof" that you're looking for really includes any sort of relevant stuff that the Crown will use against you in court. For ...

OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.

That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...

Congratulations! :D Well, you did a lot of work, better to go in prepared like you did and get an "easy" win, as opposed to hoping for the officer not to show and arriving unprepared.

And yeah... they really need to re-do that intersection. The lane you were in should go straight onto the 404 and they should have an additional right turning lane ...

I'll go with Disobey Stop Sign - Stop Wrong Place, because:

a) shall stop his or her vehicle....


Check... (vehicle did actually come to a full stop)...

at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, them immediately before entering the intersection


Failed to comply with that part ...

Well there are a couple of options. If you're comfortable with doing these sorts of things yourself, you can file a motion to quash the certificate of offence. (LOTS of paperwork!) Beyond that, there are a lot of scenarios that could happen.

If you show up unprepared... here's the bad news: With you present for trial, the Justice of the Peace ...

neo333 wrote:why did the officer stop your husband in the parking lot?

+1

That's a really good question...

Step 1 would be to put the paperwork in to plead not guilty. It's actually not that hard to get started. That at least gives you the option of pleading guilty to a lesser charge, such as following too closely, or fail to turn to avoid collision.

This is one of the hardest charges for the Crown to prove. However, careless driving is one of the ...

Was he suspended due to a criminal conviction (e.g. impaired driving, dangerous driving) or was it due to something HTA related (e.g. too many demerit points, careless driving conviction with a licence suspension, unpaid fines)...?

You'll need to make a strong defence - but if you're sure that the light was amber, and the Crown cannot make you falter under cross-examination, I'd say you've got a chance... a small one... but a chance nonetheless. Your version of events seems very clear and concise from what you wrote, particularly notes about the weather, your observations ...

Ah, the good old trying to scare people away tactic. Saying that the court does not provide disclosure is like saying "you don't have a right to speak your mind", as it is in the charter.

X2

The Prosecutor was engaging in some high-school intimidation tactics. They weren't very good ones, particularly the "we're one big family" one. Basically ...

The end result was in this thread here:

http://www.ontariohighwaytrafficact.com/topic1730.html

Off Camber won. The presiding Justice at the appeal quashed the certificate. The Prosecutor even conceeded as soon as Off Camber presented an argument from City of Barrie v. Porter.

It seems like a waste to hire representation for a Part I appeal ...

told the officer that my HUD speedo did not surpass 100kmh

Even so... if at any point you were above 80 km/h... that's still grounds to lay a speeding charge.

My question, does a cop admitting to be doing 84 have any negative effect on his case against me despite my speeding?

Nope. Police officers are allowed to exceed the speed limit ...

Mkinger9113 wrote:it's unfortunate that my insurance is going up and I guess there nothing I can do now

Your insurance only goes up if you get convicted, FYI.

If the officer did have it on camera and you did go through the red, there really isn't a defence unless there were extenuating circumstances, like unexpected brake failure, duress, etc. If you decide to fight it, they should disclose the camera evidence against you, so you could see for yourself.

You could always try to plea bargain to a lesser ...

Reflections wrote:I can't believe you got a ticket for 115 there.

I can't believe it either. Good grief... every time I go up to Caledon the flow is at least 115+ through there...

File for disclose and see if you can come up with a viable defense, if not attend and take a deal.

X2

I am planning to go to court and plead not guilty as I do not think it was fair for a trap like that in an intersection that the sign was not visible although the officer assured me that there were 8 sign there !!!

"Fairness" has nothing to ...

Congratulations on the win! That was a hard one to pull off.

Lots of people have successfully defended a "disobey stop sign" ticket. You said you stopped momentarily - where was the officer when you were at the stop sign (behind you, to your left, right...)?

Step 1 is to file a notice to appear, making sure you indicate that you want to challenge the evidence.

Here's a good website for more reading: www ...

Congratulations!

Sort of... They could try to move it to a much later date with the adjournment. They can make the request, but you've got solid evidence (namely the previous decision of the JP) that the trial needed to be held on that day, and the Crown had plenty of advanced warning. If the JP is leaning toward an adjournment... you could politely advise the ...

No one else can represent the officer. If the officer is not present, they do not have any evidence. However, the Crown may ask for an adjournment, and, depending on how sympathetic the JP is to them, they might get it. The officer may change plans and show up for the trial. The most likely scenario is that the Crown will withdraw the charge, but ...

Either he heard something from a friend and believed it, or he's just being a clown. Standards for road signs in Ontario are set by Ontario Regulation 615. Click on this link here:

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900615_ev001.htm

Paragraphs 6-12 cover "stop" signs, and you'll see the white border there. No truth to what ...

Any maintenance required on speed-measuring devices is set by the manufacturer and not by legislation. What type of maintenance is required, and when, is usually outlined in the manual.

jrx wrote:I was pulled over for speeding on Jan 17 (15 over) and forgot to pay the ticket within the 15days. Am I still able to pay it today or do I have to pay a penelty for being late?

Go in and pay it, and see what happens. There may be a late fee assessed but I can't say for sure.

Off Camber wrote:i would then be resorted to filing legal action--right?

I've heard of a lot of bureaucratic incompetence but this is beyond ridiculous.

Ontario and New York have full reciprocity (supposedly) so any ticket from New York is supposed to show up on your Ontario driving record. There is some inconsistency in reporting, though. If it is done properly, it should show up as 0 demerit points.

Whether or not it affects your insurance will depend on your insurance provider. Most companies ...

Careless driving is one of the most serious charges under the Highway Traffic Act, but it is also one of the hardest to prove. In order for them to get a conviction, they have to prove that you were driving in a manner that was a "departure from the standard of care of a reasonable and prudent driver." This is not so easily done. The consequences ...