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Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:

10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
8. Late/no left-turn signals in traffic
7. Distracted drivers
6. Cyclists who disobey the ...

Just to be sure.... I'm not really familiar with the off-road legislation/laws, but your son was charged with HTA section 130 - Careless Driving, correct? Don't know if laws governing ATVs have a separate Careless Driving charge.

Bad news: If the officer who attended the scene is an accident reconstruction expert, then his statements in court ...

Couple of options:

- Plea-bargain to a municipal by-law infraction
- Fight the charge, including setting a trial, getting disclosure (officer's notes + copy of by-law prohibiting the turn), going to court and fighting it tooth-and-nail (sort of)

If the officer took decent notes, your best bet it to call the Prosecutor and plead it down. The ...

What was the ticket for (section & offence)?

Unmarked vehicle = no problem, at least from my point of view. What bothered me about the taxi/police car was that it looked like a cab, so some motorists may think that it's some cabbie who installed the lights just to get around traffic faster and wouldn't pull over or stop.

Odot has an unmarked Chevy Tahoe in the Chatham area that is used for ...

According to the Insurance Act, if you're planning on filing a claim, you have seven days from the time of the incident to report it. If not, no report is required UNLESS the insurance policy says "you must report all damage or collisions." That's rare, though. Check your policy.

does the accident impact the insurance coverage even if no claim ...

Lower court not bound by an appeal court?

I thought they were... guess either I learned something new or we've got a lot of Justices/JPs living in a yellow submarine.

I think, if anything, the whole s. 172/appeals/unconstitutional/etc has revealed that our judicial system is a Gong Show. Wow.

Since I chose to fight every single ticket a couple of years ago. I have been winning 4 out of 4!


Congrats!

special Thank you to radar identified, without your and other people's help and encouragement, I won't last until my luck finally finds me.

You're welcome, although I really didn't do much. You did all of the work. I only provided a ...

One other thing: Tell the JP that the only way you're willing to agree to the date change is if it is "pre-emptory on the Crown." This keeps the clock ticking on a possible motion for a stay due to violating your right to a speedy trial. If THEY keep delaying the trial, you can file to have the charge thrown out... but it will need to be close to 1 ...

For a split second I did start to depress the gas

Don't mention that in court... but...

I never exceeded the speed limit. The light turned yellow as I was within 30 feet of the intersection. I noticed one or 2 cars stopped at the lights on both sides of the street perpendicular to the one I was traveling on...

but I gauged that the distance ...

diehard wrote:Is this possible at all?

Depends on the Prosecutor.

This reply may be a bit too late to help you, but here it is...

The charge was "sort of" correct. An Improper Turn would've been if you made a right turn directly into the left lane, for example. What you actually should have been charged with is Proceed Contrary to Sign at Intersection, which is 144 (9) of the HTA. While it is not illegal to turn ...

In the interest of fairness, I'm compelled not to vote for myself, although I am very much interested in becoming a Moderator.

I received the cops notes and the accident report. Is there something else in the disclosure that I should have received?

If the report/notes have witness statement(s), or brief notes on what the witnesses said, then it looks like you've got sufficient disclosure, but your lawyer should be able to tell you more after reviewing it.

The cops ...

PLUS is my only way getting out of this ticket .. is by the cop not showing up (highly unlikely he doesnt from what I hear) or if there is an error on the police notes?


Not necessarily. For disclosure on speeding cases, you are entitled to the officer's notes, and the radar/laser manual. The notes have to show that the device was tested before ...

I'm going to the place where i pay the ticket to schedule an appointment with a prosecutor to see if he can do something for me.

The only thing the Prosecutor might do is drop it to 15 over, but the officer already brought it down to 19 over, which is a pretty common "plea bargaining point" for people caught going 30-40 over. So, getting a deal ...

Now lets not forget the new law that when a police officer has a vehicle stoped, your supposed to move over one lane and slow down to 70 or 80 kph's on the hwy?

You have a problem with that law?

How about if someone drives a 3000-pound car two feet from your desk at 80 miles an hour? That's the equivalent of not moving over and slowing down. On ...

would like to know, what will be % chance of to be able to fight this by myself and to convence the court to completely dismiss the charges?

Chance of being able to win on your own? Depends... Realistically, on the face of it, 40%. If you really work for it, 75-80%. While it is true that the chances of a person who is not legally trained being ...

One other thing to add... wrong set fine/total payable only becomes a fatal error if the defendant fails to respond to the ticket or appear for trial. Appear for trial and the ticket can be amended by the JP.

Funny thing about the video is that it was taken with a $60 camera.

Apparently only three people so far have beaten charges laid by the new OPP aircraft, although one of those was a fluke (JP made an interesting ruling).

Reflections wrote:Bookm could have used your eyes.........

There's no way that Odot could keep up to Bookm with a Cessna 206.

Careless driving can result in your insurance being doubled (or worse) or even cancelled.

Unless the officer who attended the scene is a collision expert, they'll need the witness. A misjudgment of following distance is not necessarily careless driving, it is following too closely, even if a collision occurs. You can offer to plead it down to ...

Has anyone here successfully used the by-law argument in court for a stop sign yet?

Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie ...

Fatal Errors:

- Defendant name missing
- Missing offence or an offence not known to law
- Missing date
- Missing offence location
- Missing officer signature if it is NOT an electronic ticket
- Incorrect set fine and/or total payable (one report says this is no longer the case... currently waiting for confirmation of case law or legislative change)

That seems to have been the best approach of any of them. Job well done.

Apologies in advance for the lengthy reply here. It may be a little difficult to fight, but until I get some actual case law that says London v. Young is no longer applicable, I'm going to stick with the idea that the law should be on your side. Present everything - the error on the ticket, the lack of disclosure, just like you said in your ...

En route from Toronto to Windsor a couple of weeks ago, I was sitting as a passenger while my father-in-law was driving. (My sister-in-law was getting some of her stuff moved back to Windsor.) While going through the Chatham area on the 401, OPP were conducting their aerial surveillance program. Here is video that I took:

[youtube]http://www ...

You get off work at midnight in that area on top of all of that?! If I were a cop I'd be stopping you, too. I think that we may have found the answer behind all of the stops. Truthfully, I doubt that the police are targeting you, I don't think it's anything personal - just a rather unfortunate combination of circumstances. However, if I were in ...

hwybear wrote:Not sure, might be more officer thoughts, area patrolled, how many stops they typically do etc....so many variables. Each stop is different.

Roger.

If you are unable to travel and can't hire representation, the best thing to do is to call the Prosecutor's office and discuss a plea bargain. See what they say. In this case, they'll probably be looking at something in the neighbourhood of 29 over the limit as an offer. In the discussion, try to act like you're trying to help them out and want to ...

Guelph is not a designated bilingual area.

As for the actual bilingual defence (if it did apply), there's no firm precedent on it. JPs are bound by precedent; the R. v. Myers case, which ruled that signs have to be bilingual, unfortunately, did not really set a precedent as it was never definitively ruled on at a higher appeal court. So... it can ...