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Radar Identified

File it anyway. What date in March are you scheduled for?

Radar Identified

I know that area well. In fact, I know the sign you're talking about (I drive by it daily).

Unfortunately, because the "no U-turn" sign is visible to traffic for greater than 60 metres (not necessarily for you, though), it is still a valid sign. You can try the defence you are suggesting, but I'm not completely confident it will work. Take the ...

Radar Identified

Since you no longer live in Toronto, my recommendation is to have a paralegal take this one over for you. Expensive, yes, but that's probably the best option at this point. Filing an 11B at Old City Hall is a disastrous Gong Show. I've filed 11B motions elsewhere and I would personally hire a paralegal if I were filing one there. But that's just me.

Radar Identified

You could try to plea bargain to "Drive with No Licence," which carries a smaller fine and avoids the possibliity of the nasty "drive suspended" on your record... and also the possibility of going to jail. It will largely depend on the Prosecutor.

Radar Identified

JimmyTheGent wrote:So there is basically nothing I can do here?

Driving with an invalid licence is definitely better than a suspended one. I'm not sure that you could plea-bargain to a lesser offence (worth a shot), but you could try to get a reduced fine by talking to the Prosecutor.

Radar Identified

1. That question is not possible to answer. Your guess is as good as anyone else's.
2. The bus driver would have to identify you in court. If the driver can identify you, then yes, you could be charged/convicted as the driver.
3. Insurance companies consider this a major offence... so doubling your rates wouldn't be out of the question (depending ...

Radar Identified

Ladouceur is if they started questioning you about things like drug possession, weapons, etc. The court ruled that the questions must be related to "driving offences," which covers licence validity. Driving with an invalid licence, by definition, is a driving offence. Find out why your licence is invalid first, though.

Radar Identified

I hope your dog is okay!

However, unfortunately, this is not a valid reason for running a red light in the eyes of the law. I probably would've done the same thing (having checked for traffic and ensuring it was safe to proceed)... not that I'm advocating running red lights... but Stanton is right. There have also been instances were ambulances ...

Radar Identified

I'd agree with Stanton and Simon Borys.

"Fatal error" does not apply to a Summons. This is because there is no "out of court" resolution when you are summoned to appear in court. Part I offences (regular tickets) DO have a mechanism for "out of court" resolutions. In fact, the Provincial Offences Act specifically says that, if the defendant fails ...

Radar Identified

Well I would certainly hire a paralegal for this particular charge, as Stanton suggests. Even if they do try to explain to the Prosecutor that you were "cooperative," if the Prosecutor decides to go hard-core, it won't really help you much. You're looking at $2000 in fines (minimum), a possible further licence suspension, and, albeit unlikely, jail ...

Radar Identified

What section did he charge you under?

Radar Identified

October trial date and they adjourned to March?? Wow, backlog!

If that was your first scheduled appearance, and this is your second, I agree with Stanton: File the 11B!

Radar Identified

Go back ASAP and take the time-date stamp. Keep the other photos; the court may still accept them (unlikely, but they might). As for size, the standard 4x6 should be enough, although you could get a professional print of 8.5x11 done if you really wanted to.

60 metres is one argument, although the Prosecutor may argue that, due to the ...

Radar Identified

a) approixmately how far out would my trial date be set?

Depends on where you got the ticket. Toronto could take 6+ months. Timmins would probably be a week.

b) once notified of the trial date could I reschedule if it lands on a date when I would be unable to attend?

You can, ASAP, go before a Justice of the Peace and explain you need to ...

Radar Identified

2.What does the 2 measurements times really mean? What if I had been waiting behind the white line (Picture 1) for like 5 minutes before they took Picture 1 ?

The camera triggers if you approach the intersection at greater than 20 km/h, you remain at greater than 20 km/h, and then enter the intersection at the same speed or above. Unless you ...

Radar Identified

Stanton and Slyk are correct. This ticket has no demerit points and does not affect your driving record or insurance... that is, unless you don't pay it.

Radar Identified

donek wrote:Thanks Slyk, but if someone knows for sure I'll appreciate it !!!

Radar Identified

Slyk wrote:It doesn't really count against your driving record, as far as I know. I think it classifies the same as a parking ticket essentially. So it's more of a money thing, shouldn't affect your insurance AFAIK.

I might be wrong, but this is from what I understand.

Radar Identified

Stanton wrote:No, red light cameras can't identify the driver of the vehicle, so the registered owner is charged. There are no demerit points and no insurance hike associated with it.

If you're caught by a police officer going through a red light, you're charged as the driver and will face demerit points and potential insurance rate increases.

Radar Identified

Transcribed and copied from other threads

donek wrote:Hi

I have very important question. If I'll say guilty for this turning on the red light ( not enough time to stop: was just 1.8s). This ticket is going to be on my driving record ?

Radar Identified

Could plea-bargain to a charge like Disobey Lane Light if you have an okay driving record.

The officer wasn't saying that you didn't slow down from 60 km/h. He was saying you didn't stop. For this offence, the officer has to observe that the light you were facing was red, and that you crossed the stop line after observing the red signal. Then ...

Radar Identified

I'd leave the phone # in. If they fail to provide the disclosure, if you provided your contact information and asked them to contact you if more detail/info is needed, this helps... particularly in front of the JP.

Radar Identified

Court transcript might have it if it was said in front of the JP...

Radar Identified

Impound fees are big business for tow companies. No idea how much he'll have to pay. Chances are, with the fines he's facing, he'll have to forfeit the vehicle.

Radar Identified

Just to add: The Michigan State Police tests are generally considered the "benchmark" for these sorts of things in North America.

Radar Identified

Unfortunately, all those elements are contained in the notes. The only "inaccuracies" are, his notes state that he was at the intersection of x and y where he was actually situated several hundred meters east of that intersection and, the location where he stopped me, again, his notes indicate that he stopped at the the intersection of X and Y ...

Radar Identified

You definitely should fight careless driving. Careless Driving is one of the most serious offences you can be charged with under the HTA. You're looking at 6 demerit points, a possible licence suspension, up to $2000 in fines (I know the total payable is $490 but I wouldn't just pay it), and your insurance company is likely to either terminate your ...

Radar Identified

Here's our "in house" information on how to file an 11B:

http://www.ontariohighwaytrafficact.com/topic2952.html

If it has been more than 1 year from the date of the offence, it is likely that the 11B will succeed.

Radar Identified

With a charge like Careless Driving, the best thing to do is to seek out professional legal advice. I would suggest you get in touch with a couple of different paralegals - they all usually offer free consultations. See who is genuinely interested in your case, and takes the time to listen to what you have to say.

Generally with Careless Driving ...

Radar Identified

Copied and pasted from another thread.

OP charged with Careless Driving after a collision where red light running was involved.

Hey there, I'm in a similar situation and was wondering if your relative faught the charge an what was the outcome of it? Did they get it dropped or reduced to a lower charge? an did u get a parelegal an if u can refer ...

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