Ontario Highway Traffic Act

+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 ...