Ontario Highway Traffic Act

Also considering the fact that he wrote an R on my 49 over ticket, do you think they'd reduce it to at least 2 points?

Whether he wrote "R" or not, the Prosecutor will be aware of your original speed. They receive a briefing and evidence from the officers regarding traffic stops, so they know if your ticket was reduced. They actually don't ...

You could file another request asking for an explanation and clarification of the notes, because you cannot read them. That's what I would do, anyway...

You can try to get the case re-opened or appeal, but I don't really think it will be successful.

As for your speeding case, I agree with Reflections. Take a look through this forum, and search for examples where people followed guidance from the London v. Young case. So far, the results have been pretty good!

Squishy wrote:I think Toronto's Diamond Lanes were around before HOV lanes existed in Ontario.

Yes they were.

There is no way they can convict for you just going home.

That's right - in and of itself only. They can, however, convict for disobeying the sign. If the sign was obscured, or there was a life-threatening emergency, or something happened like a brake failure, THAT would be a valid defence for disobeying the sign, from a legal standpoint.

You ...

tristangemus wrote:I do not see how a not-at-fault hit and run can go against my record.

Your insurance "record" (actually your rates, to be accurate) normally does not get affected by a not-at-fault collision.

Your driver record for the police, on the other hand, does record a collision - at fault or not.

Stanton wrote:Losing your licence automatically for 16 over is just plain nuts!

I'll say...

Then again, Nova Scotia isn't exactly known for people hammering the gas pedal... and their highway speed limits are 110 km/h.

The camera was mounted in the cop car... can't say for sure how good of a view it had. You should request the video of the alleged offence as part of the disclosure package.

If it goes longer than a year, "waiving" the ticket is not automatic. You have to file the proper paperwork to get the charge tossed.

You might be able to plea-bargain to a lesser charge, depending on your driving record, though.

I wonder if they could have declared you at fault, even with no conviction.

Happens all the time. There are situations where the other party could be charged and 100% "at fault" according to the Highway Traffic Act, but you could be 100% at fault according to the Fault Determination Rules. In any case, not having Careless Driving on the record ...

If you fight these charges, as Stanton said, the Prosecutor will almost certainly withdraw the Speeding 114 in an 80, and replace it with Stunt Driving. They have up to 6 months to do that. Or, they could just amend it to Speeding 154 in an 80 at trial, no matter how long it takes to come forward.

I do not agree that you have a "good chance" of ...

Respectfully... I probably would've done what Omega Gin did in that situation. I would've taken my foot off the accelerator to "proceed in safety," but in some cases driving through the amber is literally a collision-avoidance manoeuvre (especially here).

You won't get a suspension in this case. It was a by-law infraction, similar to a parking ticket. The only issue would be renewing your plates, but if you've kept proof of payment, you should be able to dispute it easily.

By the letter of the law... no, you did not fail to stop for an amber.

Section 144 (15) of the Highway Traffic Act:

(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely , otherwise he or she may proceed with caution.

It ...

Does that entitle me to request another disclosure? 4 weeks before the court date? 2 weeks? 2 weeks because this is the amount of time i need to prepare for the disclosure right? or can i bring this up with a judge? if that is the delay is it a fault of the prosecution?

You can ask for an explanation and clarification of the illegible sections ...