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No longer valid? London v. Young was a decision by the Ontario Court of Appeal, so either they or the Supreme Court would have to overturn it, no? As recently as June 18 of this year it was still valid (R. v. Monahan). When was it reversed? If you have a link to the case law that overturned London v. Young, that would be great.

Disclosure is where you get all of the relevant evidence against you so that you can answer the charge and provide a full defence to it. So the Crown is "disclosing" all of its evidence to you... actually to be technical... it is all of the evidence that has a reasonable possibility of affecting the outcome of the trial.

In this case, when the ...

Now the picture is clear:

I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.


Plus

The car is black with factory tinted windows, also has aftermarket dark color rims

This is why you are being pulled over so much ...

The key point in there is the "failure to stop" part of it. There may have been no traffic at all, and it may have been perfectly safe to make the right turn without coming to a full stop - but - it is illegal. Even in that situation, legally, you're required to bring the vehicle to a complete stop before turning. So no, unfortunately, you were not ...

hwybear wrote:Do NOT reach into anywhere, do not place your stuff out in the open.

Is that something that all ODOTS would rather see? Or does it depend on the officer?

I'm getting a lot of heat from the police while driving the car around Toronto, they stop me, check the car is not stolen, i have been pulled over 6 times since Halloween.

What part of Toronto are you living in? In some neighbourhoods, a university-aged guy driving a 2009 Infiniti G37 is going to get a lot of attention from the cops. If you don ...

Some other generic tips during a traffic stop:

- Upon stopping, shut the engine off and set the parking brake
- Get your paperwork ready (licence, insurance, registration) and place it on the dashboard before the cop approaches your car
- Leave your glovebox open so the officer can see inside it
- Keep both hands on the steering wheel in a visible ...

141 (5) is 3 demerit points.

Source: Ontario Regulation 339/94, which governs the demerit point system.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm

If you scroll through the link (go to the bottom of the page), you'll see that 141 (5) is under "failing to yield the right of way," although technically it is a turning ...

There was some controversy about what "personally served" meant, but this case I found basically said that leaving it in your mailbox is good enough... or, in this case... stuffing it under a door.

City of London v. Erdesz, 2009

I took a day off work to attend the court date on the ticket, but the officer did not show up or file any of the ...

You need insurance from Ontario.

To obtain insurance from Michigan, you would need a Michigan residence and driver's licence, and you'd have to get your car plated and registered in Michigan.

Now the long version: Your insurance company has to provide insurance at the location where the car is based, so to speak. Obtaining out-of-province ...

Both officers will need to be present.

Call the courthouse and see what's happened. There is a possibility that you may be able to get the case re-opened if a conviction has been entered due to not responding to the charge, but I can't promise anything. It's worth a shot, though.

D2 wouldn't have admitted to greater speed - will insurance companies only consider police report at time of incident?

Unless D1 has someone with experience in collision investigation successfully prove that the speed was markedly higher, then in this case, they'll pretty much look at the initial report. Even if the argument is presented in ...

That's odd... Maybe take some photos of the scene. I can't think of anything that would show you did something wrong if there were no signs, signals or markings, unless you were within 9 metres of an intersection... which wasn't the case. I'm sure the crosswalk needs to be at least marked, if not signed, otherwise how would the "crosswalk" be ...

Was the other driver charged?

The police officer when giving me the ticket said he thought did not have enough evidence to convict me of careless, and was only doing so because witness statements could not prove I was forced across the yellow line by the red sunfire.

They have to prove that you were driving without due care and attention ...

D1 insists D2 was going too fast, and D2 admits to seeing D1 and slowing down but then hitting D1 anyway

Exceeding the speed limit does not place D2 at fault. To be charged in this collision, basically his speed would have had to have been too fast for D1 to detect and react to him in a reasonable and proper manner, which would depend on the ...

malakia2966, the courts did throw out tickets with an incorrect fine amount where the defendant did not respond. Those cases included ones like London v. Young, City of Barrie v. Porter, City of Sudbury v. Leikermoser, etc. Of course, there's a catch: As hwybear was saying, the set fine used on the tickets is different than the statutory amounts in ...

On the summons for racing, does it indicate if you were charged with stunt driving - more than 50 km/h over the limit or stunt driving - marked departure from the lawful rate of speed? Not much I can really tell you, other than the officer chose to use s. 172 (stunt driving, racing) of the Highway Traffic Act instead of just s. 128 (speeding), and ...

Not saying this will help in any way...

Recently, there was a case in a neighbourhood in Ottawa where a man was really peeved at people speeding down his street, so he created two STOP signs that looked identical to real stop signs. He placed them at an intersection, so motorists were slowing down dramatically and stopping there, but the city of ...

The regulation that sets out which offences do and don't carry Ontario demerit points is:

O. Reg 339/94

Click on it for a LENGTHY list of things that carry points. Basically you need to know that:

- Municipal by-laws for speeding can still carry demerit points
- Municipal by-laws for "disobey sign" do NOT carry demerit points

So yeah ...

Plea bargaining to a municipal by-law infraction sometimes works. Sometimes they'll go for a municipal disobey sign, etc., just make sure that you have a huge stack of paperwork to make it look like you're ready to fight tooth-and-nail. With a 14-over ticket, if it looks like you're all eager to get into a pitched battle in court, they'll be a ...

Just to add to what racer said, a paralegal is probably your best option here. While it may sound more of a "sure bet" to hire a lawyer for a careless driving charge, a paralegal will cost less, and in many cases, the paralegal has more experience with the Highway Traffic Act. As far as an injury occurring, I do not think that a lawyer would be ...

In disclosure is it reasonable to ask for:
make, model, & serial # of the radar unit?
frequency and serial # of the tuning fork?
the calibration records for the radar unit?
the tuning fork?
the officers certification, training records, and test scores?
the examiners certification?
service history of radar unit and tuning fork?
a manual for ...

The federal government just recently passed a law where jail time before trial would get 1-for-1 credit, capped at 1.5-for-1 credit for extreme circumstances. Maybe this doesn't apply to provincial courts and provincial offences.


That answers my question. I'm not sure if the 2-for-1 credit was ever applied to provincial stuff, though...

my ...

That's now gone, by the way.

If you're referring to the 2-for-1 credit, did it receive assent or is it still going through Parliament? I thought it was still "a work in progress," although with support from several opposition parties it looked like it would go through.

If you're referring to the Don Jail... the "old" Don Jail was closed in ...

Consider visiting a Legal Aid Clinic. The minimum fine just for the insurance will cost you $6000 ($5000 fine plus surcharge), and that doesn't even count the careless driving, red light, stop sign, no permit etc., tickets. With all of those in combination, you're looking at time in jail. OPS Copper wasn't kidding and I'm not, either. And since ...

What's the difference between the Leafs defence and a pylon?
The pylon is orange and probably plays better hockey.

How do you keep leafs off of your lawn?
Put a hockey net on it.

Why did the dodgeball player retire?
He was afraid Brian Burke was going to offer him a contract as a Leafs goalie.

Why doesn't Hamilton have an NHL team?
Because then ...

racer wrote:It also stays on record for 7 (not 100% sure here) years - so it will affect you for that long.

I'm pretty sure that's right.

You can always plead guilty to the original speed before the trial starts, if you're trying to give the system time to purge one of the tickets from your record for insurance purposes. (They stay on for three years.) That means simply check off that you want a trial, and then a month before it is scheduled, call the Prosecutor's office and tell ...

OPS Copper wrote:Only advice I have is get a lawyer.....a good one....

X2

Get help from a professional on this one. The possible consequences are far too severe to try to fight it on your own. You have a summons to appear in court so you have to go anyway, you should not go in alone.

I believe that no amount of equipment, save for having everyone roll around in rubber hamster balls, can make up for driver education. The easier it is to weed out drivers who can't handle safe operation of a vehicle, the better.

This I agree with, although the primary cause of collisions is inattentive driving, which is difficult to enforce ...