Ontario Highway Traffic Act

FYI, I've seen that particular defence (or versions of it) attempted on more than one occasion in court. I have yet to see it succeed.

Dropped to a lower speed yes, but dropped entirely... don't bet on it. The person you want to talk to is the Prosecutor when you check in on the day of trial. Generally they'll offer you a reduced speed.

Just to add to what Stanton is saying, if your wife was driving slowly at the time and was unable to stop, then you'll want to add in things like:

"I've been driving this vehicle for quite some time, I am fully aware of its capabilities, stopping performance..."
"I was driving under the posted speed limit and saw the green light. I am fully aware ...

Court isn't the first place to go if you disagree with your insurance company. If you disagree with their findings, often they either have an Ombudsman, or you contact the Financial Services Commission of Ontario. They will tell you what to do. You'll have to see what the decision of the insurance company is first, though. After that, first step ...

For the first offence... jail time is unlikely. However, I would recommend that you seek some sort of legal representation for this offence. It's pretty serious.

Semantics.

HollowPoint wrote:The manuals dont get released....

Actually, they do.

The full manual doesn't have to be disclosed, but if relevant parts aren't given to the defendant, it is grounds for staying the charge.

Yeah, could probably get "fail to yield" or something like that... but the combination of circumstances, as Stanton pointed out, probably is what led to the original charge.

The insurance company you have sound like real @$$hats. WOW, just wow. Maybe you should change providers after this is said and done. I can't believe they yelled at you for the "high cost of towing." Crikey. Most insurance companies say "ok send us the receipt and we'll give you a cheque" and that's it. As for their preferred place, well, yeah ...

Sorry to hear about your collision. Hope you are all right. If it happened today or yesterday, you'll probably start feeling as stiff as a board right about now. (It will go away after a few days.)

Don't worry about the insurance company. They'll square themselves away after they get the police report, as the post above says. If they still want to ...

The notes on testing may or may not be required, depending on the officer's "usual practice." If the officer doesn't usually do traffic enforcement, then the testing times are required. They have to note that the device is tested before and after the stop in that case (could be beginning and end of shift). Then again, you might get a JP that's a ...

Yeah for insurance purposes the left-turner should be at fault there... but the Fault Determination Rules aren't the Highway Traffic Act so you'll still have to fight the Careless Driving charge even if insurance says you are 0% at fault. (Confused?) I would suggest getting a paralegal or lawyer for any Careless Driving charge. The consequences of ...

If you got charged with a by-law offence (or even Disobey Sign) when stunt driving could've been used... EGAD that's a lucky break!

The thing that gets me the angriest is left or right turning cars/trucks that will not go all the way into their lane.

Yep, no argument from me. You get people driving regular passenger vehicles who think that their car couldn't possibly make that tight turn across 3 lanes of traffic, so they straddle the lane so they can make sure they turn ...

You shuold be able to ask for something from Peel Police. Not sure what the outcome would be. I'm not really too familiar with this type of situation, maybe a Freedom of Information request or something could help you out.