Search found 2654 matches

by Radar Identified
Tue Mar 29, 2011 12:01 am
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 106728

Re: How to file an 11B

A lot of the information on ticketcombat's website is out of date. Do not use a 4F; that is for civil court. The Notice of Application and Constitutional Question is the correct format, outlined by diehard, CAROL and myself (see the links). The Commissioner will need to sign any Sworn Statement/Affidavit that you make in support of the Application ...
by Radar Identified
Mon Mar 28, 2011 11:53 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Rolling Stop on Strachan Ave @ Lakeshore W
Replies: 9
Views: 2635

Re: Could I plead with the JP?

First and foremost, the JP has no authority to waive points. This is administrative, done by MTO. When MTO finds out that you have been convicted, they will automatically apply 3 demerit points to your record. The JP can reduce the fine, but if you've been convicted, the JP can't suddenly reverse course and reduce the charge. That would defeat the ...
by Radar Identified
Fri Mar 25, 2011 11:57 am
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 106728

Re: How to file an 11B

I'd say that if both tickets were issued during the same event, then include a copy of both tickets. If they are from two separate traffic stops, then you'll need a whole new book for sure.
by Radar Identified
Fri Mar 25, 2011 11:54 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 31429

Re: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hi

You could ask for an adjournment, but have a really, really good reason as to why you need more time. This also would, obviously, stop the 11B clock.
by Radar Identified
Wed Mar 23, 2011 4:48 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at red light - making left turn lane
Replies: 3
Views: 3241

Re: Failure to stop at red light - making left turn lane

If you can testify that you were already in the intersection, and just waiting for traffic to clear, there is a chance that will be accepted as a defence. You'll have to clarify with the officer: Where are drivers supposed to stop on a red? Are they allowed to remain in a crosswalk? Is there any law that states that only one vehicle may enter the ...
by Radar Identified
Wed Mar 23, 2011 4:45 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 31429

Re: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hi

Prepare a long list of legal arguments to support your 11B. Go to the CanLII website and start looking for evidence to back you up. The more evidence, the better. Prepare a speech so that you can bombard the Prosecutor with overwhelming evidence. Then think of possible statements the Prosecutor may use to counter your initial argument. Think of ...
by Radar Identified
Wed Mar 23, 2011 4:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at red light - making left turn lane
Replies: 3
Views: 3241

Re: Failure to stop at red light - making left turn lane

Pick option 3. When you get your trial date, you can request disclosure of the evidence against you (in this case, the officer's notes). Then you can figure out how much a defence you have against this charge.
by Radar Identified
Wed Mar 23, 2011 4:32 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?
Replies: 19
Views: 6859

Re: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?

Call Court Services and see how it's going. It isn't unusual in Toronto for them to take 8+ months just to schedule a trial... but I'd make the call anyway.
by Radar Identified
Wed Mar 23, 2011 10:59 am
Forum: Improper left turn
Topic: Left turn - Cops contradicts Highway act?
Replies: 2
Views: 2454

Re: Left turn - Cops contradicts Highway act?

The officer is correct. Look at subsection (6) again:

Where a driver or operator of a vehicle intends to turn to the left into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the left-hand lane provided for the use of traffic

As the road is ...
by Radar Identified
Tue Mar 22, 2011 11:24 pm
Forum: Following too closely
Topic: Following too close at Left turn???
Replies: 1
Views: 2271

Re: Following too close at Left turn???

Were you charged with Following Too Closely? If so... this charge is beatable unless a collision actually occurred. I'd suggest talking to a paralegal about it, because there are some complicated legal arguments that can be used. Otherwise, there is some case law out there that works in your favour, or you could plead it down.

On the other hand ...
by Radar Identified
Tue Mar 22, 2011 11:12 pm
Forum: General Talk
Topic: Plate Covers
Replies: 8
Views: 5843

Re: Plate Covers

Personally I do not have plate covers, nor do I want any. They don't provide any tangible benefit, and they introduce the risk of being pulled over and ticketed.
by Radar Identified
Tue Mar 22, 2011 11:09 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help : 66km/h on a 50-zone!
Replies: 6
Views: 3190

Re: Help : 66km/h on a 50-zone!

Ah yes, the famous speed trap where the cop sits right near the gas station and nails you as you come off the ramp. They'll stop you for 10 over coming down that ramp... even though 60%+ of the drivers are going 20 or more over the limit, and the 10% who are going under the limit are going to drive through the red light at Parliament anyway...
by Radar Identified
Tue Mar 22, 2011 11:02 pm
Forum: Courts and Procedure
Topic: City cop stopped me on Federal Highway
Replies: 17
Views: 17036

Re: City cop stopped me on Federal Highway

Is D2 within his rights to contact RCMP and request some sort of investigation


No.

must he now leave it all for court

Yes.

This is not the United States, which is royally bent out of shape over jurisdiction. Simply put, as long as A police officer from Ontario, doesn't matter what agency, stopped and investigated, and/or issued the ticket ...
by Radar Identified
Mon Mar 21, 2011 1:16 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help : 66km/h on a 50-zone!
Replies: 6
Views: 3190

Re: Help : 66km/h on a 50-zone!

When they get to the end they are supposed to call anyone's name who has not been dealt with.


Be careful. In some courts they do that, but in others, if you have not checked in with the Prosecutor, the Prosecutor announces "the defendant is not present." Then JP simply examines the certificate to see if it is complete and regular, and if so ...
by Radar Identified
Mon Mar 21, 2011 1:10 am
Forum: Courts and Procedure
Topic: Do I qualify for 11b
Replies: 6
Views: 2486

Re: Do I qualify for 11b

I'd say go for the 11b. If you did make a documented disclosure request, and the Prosecutor had the opportunity to contact you to indicate the information was available, the delay should be charged to them.