Search found 2654 matches

by Radar Identified
Sun May 22, 2011 10:45 am
Forum: General Talk
Topic: Driving with an expired license.....
Replies: 2
Views: 4486

Re: Driving with an expired license.....

Driving with an expired licence is "drive with no licence." The charge is correct.

You could try to plea bargain to something less. Provided that you show proof that you've renewed your licence, the Prosecutor may go for it (no guarantees obviously).
by Radar Identified
Sun May 22, 2011 10:42 am
Forum: General Talk
Topic: I need help. (Reposted from CAIA) 1 really bad ticket
Replies: 1
Views: 1520

Re: I need help. (Reposted from CAIA) 1 really bad ticket

Please keep to one thread for the same offence. Multiple threads for the same subject in different areas causes all sorts of confusion and makes it harder for people to help you. Thread locked.
by Radar Identified
Sun May 22, 2011 10:39 am
Forum: Improper left turn
Topic: Actually innocent, would this be adequate proof ? Sue them?
Replies: 4
Views: 2276

Re: Actually innocent, would this be adequate proof ? Sue t

From what I'm seeing, the ticket you received was (more or less) correct. What you actually did is best described by a charge of "disobey lane light." It has nothing to do with the streetcars. The officer just chose his words poorly. If the officer shows up in court, your best bet is to plea-bargain to "disobey lane light," (0 demerit points and ...
by Radar Identified
Sat May 21, 2011 4:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over in community safety zone - auto summons
Replies: 6
Views: 3295

Re: 34 over in community safety zone - auto summons

Your word that you were not speeding is not likely to be sufficient. (As in, I haven't heard of any case where someone testifying "I wasn't speeding" vs. the officer's "the driver was speeding" with all of the evidence, has led to an acquittal.)

You have to go to court anyway, so you may as well file a disclosure request and get the officer's ...
by Radar Identified
Sat May 21, 2011 4:01 pm
Forum: Failing to obey signs
Topic: Using center lane to Merge - Disobey sign 182(2)
Replies: 5
Views: 3926

Re: Using center lane to Merge - Disobey sign 182(2)

Are there actual signs posted, or are they just lane markings painted on the road? If there are no signs that explicitly prohibit you from turning in to the centre lane and merging, then you should be able to fight this one. Alternatively, you could try to plea-bargain to a municipal by-law infraction at trial. Step 1 would be choosing to fight the ...
by Radar Identified
Sat May 21, 2011 3:56 pm
Forum: General Talk
Topic: HTA 75(1) enforcement
Replies: 15
Views: 12483

Re: HTA 75(1) enforcement

Agree and disagree.

With respect to tint, the officer saying "I could not see inside the vehicle" is not really a subjective opinion, but an observable fact. As for being "too loud," decibels are measurable and it also would provide auto shops with a metric that they'd have to go by if someone came in and said "my muffler is too loud." However, I ...
by Radar Identified
Thu May 19, 2011 10:13 pm
Forum: Courts and Procedure
Topic: Illegible disclosure
Replies: 27
Views: 8923

Re: Illegible disclosure

Correct, no demerit points for 10-15 over. If this is your first ticket, if it is for 15 or less over, there's a reasonable possibility that your insurance company will forgive it. That largely depends on your insurance provider. However, I really haven't seen too many insurance companies plow premiums through the roof for one minor speeding ticket ...
by Radar Identified
Thu May 19, 2011 9:57 pm
Forum: General Talk
Topic: Appealing a demerit suspension
Replies: 1
Views: 1594

Re: Appealing a demerit suspension

Basically the notice is deemed to have been served within 7 days (I think) after being sent out. I don't really think it can be appealed, unfortunately. You could try contacting MTO to see if there is a process to do so, but I'm fairly sure it can't be changed, since it is an administrative suspension. Court-ordered suspensions can sometimes be ...
by Radar Identified
Thu May 19, 2011 9:54 pm
Forum: Courts and Procedure
Topic: Illegible disclosure
Replies: 27
Views: 8923

Re: Illegible disclosure

Notwithstanding everything else, I think the Prosecutor would probably agree to a plea-bargin to 10 or 15 over.
by Radar Identified
Thu May 19, 2011 9:52 pm
Forum: Courts and Procedure
Topic: Speeding Ticket
Replies: 6
Views: 2954

Re: Speeding Ticket

I guess the real question for the OP is - was the fine written on the ticket actually $50 or was it $52.50? Incorrect fine amount is a fatal error.
by Radar Identified
Thu May 19, 2011 9:37 pm
Forum: General Talk
Topic: HTA 75(1) enforcement
Replies: 15
Views: 12483

Re: HTA 75(1) enforcement

Most serious collisions involving motorcycles are where a car driver turned in front of the bike, or they pulled into an intersection in front of it. As hwybear says, the noise has to be aimed forward in order for it to be effective in that case. It's SEEING the motorcycle that makes the difference (try wearing bright clothing if you're a biker ...
by Radar Identified
Thu May 19, 2011 9:12 pm
Forum: General Talk
Topic: Anyone had a ticket reverted to the original speed?
Replies: 4
Views: 1981

Re: Anyone had a ticket reverted to the original speed?

I've personally seen charges increased to the original speed - some of them were real doozies. One guy was ticketed for 15 over and proceeded to get the charge amended to the original speed of 113 in a 50 zone. Lucky for him that it was past 6 months from the date of the offence so the Prosecutor couldn't withdraw the s. 128 speeding charge and ...
by Radar Identified
Thu May 19, 2011 9:07 pm
Forum: Courts and Procedure
Topic: can I request adjournment to file an 11b?
Replies: 3
Views: 3826

Re: can I request adjournment to file an 11b?

13 months should get the charge stopped at Markham Road. You can request the adjournment, but be prepared to explain why. This will also stop the 11B clock at 13 months and 4 days, but that still should be enough to get the charge stayed.
by Radar Identified
Thu May 19, 2011 9:05 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop - Intersection Error on ticket
Replies: 2
Views: 2917

Re: Failure to Stop - Intersection Error on ticket

The error on the ticket won't get it quashed in and of itself... but I agree with Stanton on the reasonable doubt angle.

You need to check both boxes - the one that says you are pleading not guilty, and the one that says you plan to challenge the officer's evidence.
by Radar Identified
Thu May 19, 2011 9:01 pm
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 137511

Re: How to file an 11B

10 months is not enough of a delay to warrant an 11B.
by Radar Identified
Tue May 17, 2011 9:42 am
Forum: Failing to stop for a school bus
Topic: passed a flashing school bus stupid mistake
Replies: 7
Views: 10056

Re: passed a flashing school bus stupid mistake

Yes, it is like a red light camera ticket. The owner cannot get demerit points if the plate is all that's reported.
by Radar Identified
Mon May 16, 2011 8:33 pm
Forum: Driving While Suspended
Topic: Suspended sentence
Replies: 2
Views: 2180

Re: Suspended sentence

Normally there is an additional 6 months suspension added if you are convicted of driving under suspension. That is administrative, applied by MTO after the court date. The thing is, the court really won't advise you of that. Best bet is to call MTO and confirm with them.

As for the suspended sentence, it means that nothing was tacked on to your ...
by Radar Identified
Mon May 16, 2011 8:12 pm
Forum: Driving While Suspended
Topic: G1, G2, fully licensed definition
Replies: 7
Views: 9898

Re: G1, G2, fully licensed definition

It falls under O.Reg 340/94 definiing "accompanying driver." To be fully licenced in a "Class G vehicle," you need a Class G licence (or other some other class, but not G1 or G2).

You become "licenced" the moment you get your G1. So the four year clock, in my view, begins the second you get your G1. So someone who got a G1 four years ago today ...
by Radar Identified
Mon May 16, 2011 7:57 pm
Forum: Stunt Driving
Topic: S.128 and S.172(1) and s.130 and s.8(1) - is possible all to
Replies: 6
Views: 4171

Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al

Your lawyer would be handling all of that stuff for you. If you do not like your lawyer's opinion, you can always seek other representation, however that is not really guaranteed to produce a different result (in fact, it probably will not). Given the fact that you have been plea-bargained down to a $2000 fine with no suspension or imprisonment ...
by Radar Identified
Mon May 16, 2011 7:41 pm
Forum: General Talk
Topic: Pet Peeves
Replies: 15
Views: 4595

Re: Pet Peeves

Drivers who pull up beyond the white line and obstructing the view for other Drivers who want to make a Right Turn on a red light!

+1

Same thing, but... drivers who are waiting to drive straight or turn left at a red light who pull up and block the crosswalk drive me bananas. Why do these people think they painted the crosswalk and stop line on ...
by Radar Identified
Mon May 16, 2011 7:38 pm
Forum: General Talk
Topic: Got Two Tickets on The Spot
Replies: 7
Views: 2324

Re: Got Two Tickets on The Spot

The copy of your registration, unfortunately, has to have a copy the plate portion. (Not sure of the exact section or wording.)

However, I think you'll be offered a deal when you go to trial. They'll likely give you an offer to plead guilty to one offence in exchange for dropping the other... or the officer may not show up. For your disclosure ...
by Radar Identified
Mon May 16, 2011 7:36 pm
Forum: Courts and Procedure
Topic: Can I fight for the ticket?
Replies: 8
Views: 3562

Re: Can I fight for the ticket?

When you pick option 3, they will send a court date to you. Make sure you follow up if it seems like it's taken a long time for them to schedule it.

You may be able to get a reduced charge, or the officer may not show up.

As for your disclosure request, that's exactly what you should ask for. I think you're off to a good start here.
by Radar Identified
Mon May 16, 2011 7:32 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Petition to change HTA136 (1)(A)Failure to Stop at Stop Sign
Replies: 6
Views: 3454

Re: Petition to change HTA136 (1)(A)Failure to Stop at Stop

Unless you happen to be skidding with the tires locked (not likely unless it's sheer ice or you hammered the brakes), if the tire stops turning, the vehicle's forward motion will cease. As for the wind continuing to move the vehicle, you'd need the force of wind from a hurricane, microburst or tornado to do that.

I agree rolling stops are pretty ...
by Radar Identified
Sat May 14, 2011 7:16 pm
Forum: Failing to remain at the scene of a collision
Topic: CHASED BY SOMEONE, HIT HIS CAR AS HE BLOCKED ME, "HELP"
Replies: 2
Views: 3460

Re: CHASED BY SOMEONE, HIT HIS CAR AS HE BLOCKED ME, "HELP"

Also go talk to a paralegal or lawyer about your situation. You are facing two serious charges, and you will definitely need some kind of professional legal advice. They will help you fight the charges, and should assist you in filing a complaint against the other drivers who were involved.
by Radar Identified
Sat May 14, 2011 6:42 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 112km in an 80.... Officer's Disclosure notes are incorrect.
Replies: 2
Views: 2153

Re: 112km in an 80.... Officer's Disclosure notes are incorr

Disclosure of the radar manual is required... at least the relevant portions.

As for the errors in the notes, they are minor, but if the officer testifies, they might trip him up slightly. I wouldn't really bet on that being sufficient to get your case thrown out, though.
by Radar Identified
Sat May 14, 2011 6:39 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182(2) - Municipality of Markham
Replies: 9
Views: 3534

Re: Disobey Sign 182(2) - Municipality of Markham

Best bet would be to look for a reduced charge in this case...
by Radar Identified
Sat May 14, 2011 6:38 pm
Forum: General Talk
Topic: Got Two Tickets on The Spot
Replies: 7
Views: 2324

Re: Got Two Tickets on The Spot

You can do either/or, but I'd usually recommend waiting for the trial date before you submit the request.

Why did the officer not like your copy of the registration? What were you charged with?
by Radar Identified
Sat May 07, 2011 7:28 pm
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 137511

Re: How to file an 11B

I think most people who have gone through the process of filing and arguing an 11B would tell you that you should file it at least 20 calendar days in advance, at a minimum. R. v. Vellone was not made by a Superior Court Justice (or higher), therefore it is not binding on any other court. The JP could rule that your application was not filed with ...