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Also would like to mention... if the 11B fails (which, in your case, is unlikely if the paperwork is properly done) the Prosecutor may still offer to resolve it without a trial on the actual charge itself. With the back log in the Toronto court system, if the Prosecutor sees an 11B motion and it is 19 months delay, you're looking at a very good ...

Depends on the insurance company... mine forgives a single "minor" ticket, like 0-15 over. Then 16-44 over is an increase, 45+ over is serious.

Then again, some insurance companies consider 30+ over to be "major." When I spent two years living in Michigan, one insurance company had its hands completely stuffed up its @$$ about speeding. This one ...

Prosecutor will talk to the officer, who will have in his notes that he reduced the ticket. The risk then becomes that they could amend the ticket to the original speed at trial.

If the signal facing him changed to a full green, he didn't really fail to stop for the amber. However, if traffic had to wait for him to clear the intersection, I'd call it "Left turn - fail to yield to through traffic," contrary to section 141 (5) of the Highway Traffic Act.

I would guess that, unless the Prosecutor and/or the officer really goofs it up, it will be very, very, very costly. Very.

Bring the pictures and the by-law, and present them to the Prosecutor. If everything's as you say it is, the charge should be withdrawn.

Um... if your licence has not been re-instated, don't drive.

If you get caught driving a second time with a suspended licence in a short period of time, the Prosecutor could very well seek a jail sentence. (Not completely likely, but why chance it?)

He probably stopped because he was giving way for you to pull out (being a nice guy). Either that, or he was a clueless moron. (More likely he was being a nice guy... here in Toronto I'd say it's an 80% chance he'd be in the "moron" category, or a 110% chance in Brampton.)

Is that not just a technicality though? The officer was unable to account for the entire event. Does that mean the driver didn't commit the crime? They just got lucky.


Technicality or lack of evidence? With sight lost for some time, the officer cannot be certain that he/she stopped the correct vehicle, unless the officer either caught the ...

then should be considering asking a "emergency services person" for assistance...and who better to ask than the police who have you stopped. Police can also get EMS to the scene or send the EMS to a residence.

Should be the case, however, last year we had a cardiac surgeon stopped for speeding en route to save a heart attack victim. The officer ...

You may want to consider hiring a paralegal or a traffic lawyer for this particular case. They will get disclosure of all of the evidence against you, see if proper procedures were followed with respect to gathering evidence (such as talking to your son), and figure out if they can fight it, or plea-bargain it. As Simon Borys says, there's nothing ...

You cannot be driving 136km/h and have any reasonable defense.

Incorrect. It is called "defence of necessity." If you or someone in the vehicle has a life-threatening emergency, that is a valid reason for speeding. It is a rare occurrence, but if the defendant is truthful, it is valid nonetheless. And defence of necessity is accepted by the ...

It is nearly impossible to win a speeding ticket that is 30+ over the limit because you're clearly, blatantly speeding.

Agree with Stanton. It's on the basis of the evidence, not the raw speed.

Example: The kid who was caught doing 238 in an 80 zone a couple of years ago was found not guilty, because, in trying to catch the driver, the officer ...

Disobey Sign s. 182 (2) of the HTA is $110 (set fine, victim surcharge, and court costs) and 2 demerit points.
Municipal "Disobey Sign" is 0 demerit points.

45 days is a benchmark (and usually what they go by), however there is no guarantee that after 15 days the court will accept the ticket.

Not really sure about the rescinding of one ticket and issuing another in its place... If you go to trial, the Prosecutor can simply advise the JP that they are seeking the original speed that you were alleged to have been doing. I think the best answer is probably found under the Provincial Offences Act and case law related to it. (Simon Borys ...

You can try filing it when you return, however the courts may not accept it, in which case a conviction is automatically registered against you. In that case, you simply go and pay your fine, and then you'll have it on your record for 3 years. You could try to re-open the case after you get your notice of conviction, but there's no guarantee that ...

See what they're willing to offer you on your day of trial. You don't have to say anything or offer any excuses or reasons as to why you want the by-law infraction - just ask. Sometimes they'll offer you an offence with 0 demerit points, some will offer the by-law infraction, etc.

There is no way to know how long it will take for it to go to ...

ninjahat wrote:I'm a very careful driver and just do not go that speed.

Just so you know, almost everyone who's been ticketed for speeding says the same thing.

+1

If the cop is there, unless the disclosure was incomplete or inaccurate, I'd plead guilty. The Prosecutor will almost certainly amend the ticket to 45 over if it goes to trial.

The traffic lights at Bayview and Steeles are controlled by the city of Toronto, not the York Regional Police.

There's always a possibility that the charge could be withdrawn or thrown out, but in the majority of cases, that is not what happens. You could try to plea-bargain it down to a municipal by-law infraction, which would save you the insurance hike. Most cases that actually go to court in Ontario end up in some sort of plea-bargain, which is how you ...

Your modified disclosure request looks complete and relevant, given the angle you're trying to pursue. If they are not able to produce an Industry Canada Certificate of Conformance, then it is worthwhile explaining why this is required. The courts have accepted calibrated speedometers, radar and laser as being valid speed measuring devices, however ...

Should be the same address, just make sure you specify "Prosecutor's Office." Alternatively... drive to the courthouse and deliver the request yourself. Have two copies, one for them, the other for them to stamp as "received" and return to you. That way you have proof that you served them with the Disclosure Request.

I think your approach is probably the best one right now. First, the odds of going to jail are virtually non-existent in your case. The odds of a licence suspension are also low. The opportunity for plea bargaining will come up with your summons. You will be brought before the JP and, if you plead not guilty, they will arrange for a trial at a ...

Also - please do NOT use everything Ticketcombat recommends on the disclosure request form. For speeding, you should ask for the officer's notes, the radar manual, and the stuff that "z24guy" suggested (Certificate of Conformance, etc). The lack of a Certificate of Conformance may prove to be a temporary wrench into prosecuting speeding tickets ...

Agree with the paralegal option (or a traffic lawyer). They'll file for disclosure, see what happened, and see what his driving record is like. ($700/month in insurance?! Ay carumba.) I'm going to guess he's got a problematic driving record given that he's paying $700 a month in premiums. Unless the officer screwed up, I think a plea bargain is ...

Well if the left turn signal was a solid green then you were incorrectly ticketed. The streetcar signal obviously does not apply to you so, if that's what happened, then I would plead not guilty. However, I would provide some evidence (video or whatever) that shows that this situation can indeed happen at the intersection. Bring your passenger with ...

Best thing you could do would be arrange for a plea-bargain with the Prosecutor. Explain your circumstances and show that you have, indeed, obtained insurance. If you have not obtained insurance, just stop driving entirely and show the Prosecutor that you have done so. (Sell the car and they might allow the fine to go down to $500 or less.) As for ...

You may as well go ahead and file the disclosure request now. It can't hurt.