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You'd have to testify that there were no workers and be unshaken in that.

My suggestion: Fight the ticket. When you get a trial date, file for disclosure, get the officer's notes (and a copy of the relevant parts of the radar/laser manual). If it doesn't have any notes about workers, you're likely be in decent shape. I suppose they could still ...

1. I do not have a transcript of the last hearing in Sept to prove that this was adjourned due to the Crown. Do I have to have that with me?

Yes.

2. What happens if I get to the court house and I decide to plea for a lesser fine to a municipality by-law infraction 32-92 pre trial or the officer does not show, but I have an 11b already served ...

PS - I read somewhere here that the cop has to visually see you speeding before using his laser on me. Is that true, and can I use that to my advantage?


That's true. However, the officer can be looking through a scope on the laser (kinda like looking through binoculars), and then "pull the trigger" to activate the laser. The whole process can ...

If you choose option 2, the JP will not quash the ticket. You are pleading guilty with an explanation, so you'll take whatever fine they give you plus the associated demerit points. That would basically be saying: "I'm guilty... but please throw out the charge."

could i resolve this in mississauga courthouse


No. If you can't attend, get a ...

If the description on the ticket of the offence is close enough, it won't get it thrown out. For example: "Disobey Stop Sign" is pretty clear so the mixed-up section likely won't render the ticket invalid. If the only thing on there is 136 (1)(2), that's a little bit different; certainly the odds are better of getting it thrown out in that instance ...

Well the "Idiot" sign was certainly a creative punishment... and it certainly describes her.

If I recall correctly, there's no stop line before the eastbound lanes, so you're already in the (wide) intersection. In that case, if you entered it on green, you should complete the turn and clear the intersection even if the light just turned red.

Truthfuly, I'd get a paralegal involved with it... however, if the offence happened more than 6 months ago, they can't "amend" the charge from "disobey stop sign" to "disobey sign."

Ahem, NO. Just so this is clear to everyone who uses this forum, we DO NOT delete threads.

Thank you.

Okay before this gets out of control:

1. Canadaguy: Since you have proof of wrongdoing, file a complaint with the Attorney-General over the Prosecutor's conduct.
2. Police state? When you've actually travelled abroad and seen what a police state really is (and I have), come back and talk to me. Just to give some context, the sort of posts you made ...

OOPS!

Are these two points sufficient to get the charge dropped/revoked?

Unfortunately, no, unless he lost sight of the vehicle that made the turn. In that case, you'd have to go to trial... even then it would be tough. There's a very small chance that the officer could have shaky testimony but don't bet on it.

For an offence like this, you might be ...

My question is, where do I find the rules or regulations governing how the OPP sets up and executes a proper traffic stop? What responsibility does he have to show me the radar reading and at least hear out my objections?

Best thing for you to do is choose the trial option and file a notice of intent to appear. When you get your trial date, you ...

Agree with viper1: Get a different lawyer.

For the first offence, you might be okay. For the second, the trip to the hospital would've had to have been a life-threatening emergency, as Stanton indicates. If you live in a very rural area where an ambulance would take 30+ minutes to get to you, and the victim needed emergency treatment, that's a ...

The guy is being very threatening and is not willing ot budge on anything. I was wondering, outside of my name and my car's license plate, what other proof he has against me? Does he have a case to stand on if I were to just simply ignore him and not get a police report filled out, inform my insurance and just ignore him. How will he prove that I ...

+1

Cop did the OP favour by telling him to throw the weed down the sewer... I'd just pay the $240 if it were me.

From an insurance perspective, you are 100% at fault because you were making a U-turn. (Section 19(b) of the Ontario Fault Determination Rules.) It sucks, but the Fault Determination Rules say that anyone making a U-turn is 100% at fault. The insurance adjuster might have a different opinion though.

From an HTA perspective, he broke the law more ...

Does that really make a big difference? I mean everyone gets into accidents? :/

I wasn't participating in this thread, but you have got to be kidding me.

Running away from a collision is not an accident. It's a deliberate decision you made, even if you panicked, and even if you took the advice of your "friend." (With friends like him, who needs ...

She plans to continue driving this new vehicle "for emergencies only".


Just what exactly does your neighbour think an "emergency" is? I'm going to guess it's not what you and I would think of as a genuine "emergency" (something life threatening). A life-threatening situation would be about the only thing a JP might (but likely wouldn't) have ...

It's a possibility. If you are looking for a reduced fine/penalty, the best thing to do is explain that you made a mistake, you are in the process of trying to sell the motorcycle but haven't found a buyer yet, etc. The main thing they want to hear is that you won't do it again...

This one is going to be pretty hard to fight. Just about every argument you could make in your defence, the Prosecutor will have an answer for. If you dove across the bullnose (solid white line) to re-enter traffic, particularly after speeding up to get in front of the other driver, it will be difficult to win if it goes to trial. If you made a ...

$2000 fine and a 1-3 month licence suspension is usually what I've seen for the first offence like this... but I haven't really been watching cases for the past 6 months. Jail time is for really egregious, repeat offenders, which, 158 & first time is not.

I'd try to plea-bargain these down, looking for reduced fines. If you provide proof that you've sold your motorcycle, the Prosecutor will be less likely to oppose drastically reduced fines. You don't have too much to go on here. Both of them are relatively easy convictions for the Prosecutor.

The fact you were stopped on private property doesn't ...

Is this true? Is a "careless driving" charge normally issued for all at-fault collisions?

That depends on the officer. A few will use that as a "normal" charge in this situation, but most will not. In this case, however, one interpretation is that you can't "follow" a stopped vehicle, so they don't use Follow Too Closely if you hit a stopped ...

Am I correct in saying you turned into the correct lane and then changed lanes to clear the intersection?

If you'd entered the proper lane, then changed out of it, that's not an improper turn. You could also try saying that you moved toward the right lane to clear the intersection... the problem with that being, the Prosecutor will probably argue ...

Your best bet is along the lines of defence ideas #1 and #3. Remember, if you testify, if your version of events is credible, the JP should believe you, according to the Supreme Court regarding defendant testimony. (Not saying he/she will, but still...) You are right, in that if the officer does come out extremely confident, it will be harder to ...

To charge you specifically as the driver, they'd have to withdraw the charge in advance of the trial, and issue a new one. So you're going to court (and trial presumably) on the original charge as "owner."

Just to clarify, does the bus driver's statement say that he activated his lights prior to stopping?

I had a clean record and then this happened.

I wouldn't worry too much about it for now. A conviction would stay on your abstract for three years after the date of the offence, but it only goes on your abstract AFTER you get convicted. It will be a few months before your trial date anyway. They usually don't turn these things too quickly. There ...

In winter someone I know might have been known to park behind a snowbank then shovel off the top, level with driver's door

Almost worked except I saw the light deck on the roof...

Is speeding 50+ strict liability? Or simply the related stunt driving charge?

My understanding is that Stunt Driving - speeding 50 km/h or more is strict liability ...

First of all, does your company require a clean driving record? If they do, how do they keep track of it? Do they require you to regularly submit your Driver Abstract?

Second, when the Notice of Trial arrives in the mail, submit a disclosure request. (See the "Courts and Procedures" section of this website.) It will guide you on what to ask for ...