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Germany wrote:My friend is wondering whether she can attend court and take this to trial since she was the driver.

Nope. You are charged as the owner - you have to attend court (if you want to fight it).

Of course the total purchase price is negotiable...

Administration Fee $199.00

As ynotp says, that's a rip-off.

Gasoline $30.00

Are you kidding?!!!?! I've never heard of, or paid, for gas in the tank. Wow.

I suppose the DOT would be to get you brand new plates... but if you're trading-in and purchasing another car, it should just be to ...

Scrapping the car is not a guilty plea. If you scrap the car, you still have to attend court for the charges. They may reduce the charge, though, if the car is scrapped or repaired.

When you get the court date, file for disclosure of the officer's notes. If you are using a paralegal, they'll do that for you. Then you (or your representative) will ...

Hopefully said video also has somewhat respectable audio quality (it should) so this should also help you figure out the loud muffler stuff as well.

I wouldn't worry about jail time, nor the appearance of "buying justice."

You weren't impressed with the paralegals you dealt with - fair enough. Your lawyer seems reasonable. I don't think your decision is unreasonable. If you are concerned about trial, perhaps you should talk to your lawyer further about what his thoughts are and why he's ...

The plate # being scratched through should be enough. Anyway... if you really wanted to push the issue, you could file for an early resolution with the Prosecutor just to be sure.

The new law with its escalating sanctions seems to me to be a clear move by the government to do an end run around the courts and institute punishment without trial.

Same thing with the 7-day impoundment & licence suspension for "stunt driving."

Don't get me wrong - drunk driving is serious and deserves serious consequences. The need to ...

What you can do, since your situation seems to be a mistake rather than intentionally driving suspended, is go to the trial date and discuss the situation with the Prosecutor... stating more or less what you did above. Bring your proof of reinstatement & payment to show just how quickly you acted. Often (but not always) the Prosecutor will simply ...

Stanton is correct; because the Ontario Chief Justice has the authority to impose a different (lesser) fine if you pay a ticket out-of-court, that's why your set fine is lower. It is perfectly legit.

If you go to trial, they can revert to the standard fine as per the HTA.

Paralegals do help in these sorts of cases. The paralegal can file for disclosure for you, etc. When you're choosing a paralegal, spend some time talking to them. See if they are genuinely interested in helping, or they blow off most of your concerns. You might hear a few things you don't like, but if they take the time to explain stuff to you ...

I'm still curious about how it works in the backend between insurance companies. I remember hearing that your insurer will try to recoup losses from the insurer of the at fault driver (assuming it is a different insurer).

This is more or less what happens. In a 75/25 or 100/0 fault case the insurance company of the "not-at-fault" or "less-at ...

I was driving in my "lane" and didn't change direction the other car was in LANE 2 (my inside/passenger side) in her LANE,
she side swipped me by moving from lane2 into lane3 crossing the "would you call this the centre line" into my lane.


What they mean by "centre line" isn't the middle lane, it's oncoming traffic. You were both proceeding in ...

Glad you weren't injured, from the sounds of it.

so a couple of questions (insurance guy reckoned it was other persons fault -unofficially till the adjuster gets it) he said seomthing about "unsafe lane change", I was driving straight on at speed limit and TBH I didnt pay attention to any cars although this wasnt a merging lane, it was like 5 ...

Agree with Stanton, it appears to refer to crossovers only, not all crosswalks. It's more about the Liberals trying to say "hey look we're making it safer for pedestrians" than anything else. The media usually gets part of it correct but not all of it, as we see here... since they get money by generating readership and advertising revenue ...

Actually, a detector can be detected. A Spectre IV (or whatever they have now) will pick it up. The radar detector has to have some sort of cloaking mechanism for it to go undetected. Radar detector manufacturers are constantly trying to figure out how to cloak their devices, while other companies are figuring out how to "de-cloak" the device. The ...

Yep.

Some of the OPP veterans used to not give you a ticket if you would drive over the detector, but I'm not sure how much that's done today.

They can amend up until the trial starts.

- then during cross-examination you might ask "You stated that it was a divided highway, correct? Where is the divider on this road? How is it divided from another section of road?"

At the point where the officer testifies that is just a one-way street and not a divided highway, at that point ...

That's quite the charge/allegation - what do you base that on?


+1

While I think we all agree there are good lawyers/paralegals and bad ones... just to back up what you're saying... the reality is that many times the lawyer/paralegal is simply looking at the evidence, the odds, and based on his/her experience decides a plea bargain is better ...

I was not arguing that the bus blocked my entire view of the intersection. I was saying the sign is not visible at all times because a bus would have been blocking the sign in question.

That, unfortunately, is not a defence that the JP will accept.

You might be able to get something like "fail to proceed as directed" or something of the sort ...

I think I got caught in the moment between where the left arrow disappeared and the light turned grey. I don't know - it was my sister who told me "you just ran a red light" and I've been panicky every since as $325 is a lot of money.

You mean, it turned green? If the light above the arrow turned green, you did not run a red light, you simply ...

Worst-case scenario you could try plea-bargaining to a lesser offence with a lower fine... that should be available to you since you had a clean record...

Thick yellow lines by the shoulder spaced 500 metres apart.

Was this daytime or night? I'm going to assume daytime.

Can I request the disclosure prior to the summons, if so how do I do this? I was told that it would be the attorney general instead of the prosecutor due to the level of the offence(not sure if this effects who I send the disclosure request to). To my understanding I need to be very ...

I smell the Prosecutor engaging in pre-trial BS tactics. One says "only needs to be tested before," the other says "before or after." Riiiiiight.

Go to trial. If that doesn't work, appeal it. The Ontario Court of Appeal spelled it out pretty clearly.

jsherk, I don't doubt the sincerity of your beliefs. The fact that you are concerned about your rights is great. HOWEVER... from my side of things... I'm not even that old (36), but I've got a lot of life experience under my belt and work in an industry where if I screw up, many people could end up injured or dead. This tends to make you take the ...

The fact that the device wasn't tested at some point after the stop introduces reasonable doubt as to whether it continued to function correctly.

In the R. v. Vancrey decision the Justices of the Ontario Court of Appeal referenced the D'Astous v. Baie Comeau case in Quebec. (The Quebec case I cited is in French.) They held that in order for the ...

Is it an unreasonable request to ask an officer for their name and badge number IF neither were easily visible? I would suggest that this is completely reasonable request.

That is a reasonable request. I don't see anything wrong with it.

Thankfully, the Sovereign Citizen (aka. Freeman) arguments are being readily dismissed by the courts now ...

Practically speaking though, they WILL provide their name and badge number so that their testimony/evidence is better accepted in court and survive defense lawyer attacks.

This, above, is the key piece.

For jsherk, the question (that highwaystar mentions) is, would a reasonable person know that this is a police officer? Clearly, not everyone ...

Thanks CumminsDiesel... I try to help. But I also learn a lot from many other knowledgeable people here... especially since courts/traffic laws/etc. has nothing to do with my day job, just an interest I have.

Again these are only my opinions and from my observations everybody I have seen in court representing themselves did not know the rules and incriminated themselves.

This is also true, and it does happen because people do not understand how courts work. Example: I was in court and watched two separate people drive the nail into their own coffins ...