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Your initial slow speed, and the inability to stop despite adjusting for the conditions, could be your defence.

The only offence that can be "raised" at trial is speeding. They can change your speed to the original speed observed by the officer, if a reduction was given at the roadside. That's because if you are accused of speeding, the act is ...

Heh, if I had to guess, that looks like Sloane Ave., and judging by the traffic that was last year when they were doing construction on Vic Park between Ellesmere and Lawrence.


Sloane it is. :)

However, that was not during the Ellesmere/Lawrence construction. It was just normal rush hour volume. When they were doing the construction... OH ...

Defence? Not too sure what you could use here. There would have to be some deficiency in the officer's notes... or the officer would have to fail to appear for trial. The fact that you ended up augering into the divider pretty much shows that you failed to drive in a marked lane. Not really sure what you could plea-bargain down to for this one ...

Oh, okay. Didn't know that they "reversed the order" for red light camera tickets. Learned something new today.

But, talk to the Prosecutor and see how it goes. Good luck with it.

Good to hear the charges were withdrawn!

Witness never gave a statement to the police!? Are you serious?? The Prosecutor should've dropped the charge before it went to trial, in my opinion.

Id think the proper charge would be "Turn not in Safety" section 142(1) because 141(5) does seem to deal with oncoming traffic only. More experienced people could tell you if this is something the Crown can easily amend at trial or not, or if it even needs to be amended.


I'm going to say 141 (5) cannot be amended at trial if it is more than six ...

Sorry to disappoint, but I agree with everything Stanton has said. The officer gave you a big break. Personally, if I were ever so lucky as to get that kind of a break, I'd pay it ASAP. Since it happened in a rural part of Ontario, the odds are very good that the Prosecutor will seek to amend the ticket to the original speed if you choose to fight ...

As hwybear says, set fine should've been $186, total payable of $226.00. Photo radar set fine, as you indicated, is $116.25, total payable $146.25. So, if the officer wrote $116.25 in the set fine box, the ticket should be quashed.

If 15 days was up on Saturday, you've got a long way to go before this ticket gets before a JP. You've got at least ...

1) I had no idea about the escalating sanctions, can I appeal now that I paid the ticket?

2) I have a car, owned and insured by me. What will happen to my insurance during the suspension? Can my girlfriend drive my car? Ive read a ton on the dermit points/convictions affecting insurance but cant find out if this will (most of what I see is BAC ...

My problem is that I live downtown Toronto - how do I go about trying to fight a ticket that is way out of my area?

Two ways: 1. Hire a paralegal to fight it for you. They'll attend court so you don't have to. 2. Fight it on your own - you'll have to travel to Brockville to fight it.

Is there anyway I can request to have the ticket at a date ...

Well if you turned in to the left most lane, and you were then indicating you wanted to get over to the right, there is no case. Your testimony is going to have to be solid, however. Don't worry about what you think he may or may not have seen with respect to other vehicles. The JP is not going to buy into that. Focus on what you did. Also remember ...

Ask that the witness statement be produced so that you can prepare for trial. Argue that without it, you cannot adequately be prepared. It was part of the disclosure request, you were told you would get it, and you have not. Tell the JP you cannot proceed to trial without it, and unless you have it, it would be a violation of your son's rights ...

I agree that the officer probably reduced the ticket to "Turn on Red - Fail to Yield" to avoid the fine/points, basically a break for a newer driver. If he'd given her Red Light - Fail to Stop or Red Light - Proceed Before Green, that would've been $325 total payable and 3 points, plus a big insurance hit. There is a chance that the Prosecutor ...

Keep in mind that option 1 is pleading guilty with immediate payment out of court, and no chance of lowering the fine. You're accepting and paying the ticket "as is." You'll need option 2 or option 3. Most of the JPs at the courthouse on Markham Road will lower the fine if you give them a good reason to do so. Good luck with it.

"Dismissed" is pretty difficult for a red light camera ticket. I'm not aware of any court cases or precedents that have been successfully used to fight red light camera tickets, other than technical errors on the ticket itself (e.g. wrong licence plate, form was revoked, etc). As far as getting the fine reduced, from what I've seen with this charge ...

In all likelihood, if the officer does indeed "speak on your behalf," the Prosecutor will likely offer you a deal of something like Fail to Turn Left to Avoid Collision, which, I believe, is 2 demerit points. Some Police Services may have policies or "unwritten rules" where hitting a parked car would result in a charge of Careless Driving, which is ...

So did you turn into the left lane of Lawrence and then move over immediately, or did you turn directly in to the right lane of Lawrence? Just want to be clear.

"Proof"? Well you really can't "prove" anything any more than the other driver can. You could, however, ask the officer when he testifies as to why he issued the ticket BEFORE he talked to you. Unless there were other witnesses to corroborate the other driver's story (which, you said there weren't), I don't see why he wouldn't talk to both and then ...

Provincial Offences Act states that the parking ticket may be served either on the vehicle or the operator of the vehicle. If the person drives off, they'll simply send an officer and serve notice on the owner.

Tell the JP it will affect your schooling and that you are a student. They will often drop the points if you agree to pay the fine.


That is not correct.

The courts have NO CONTROL over demerit points. They are automatic and they are applied by MTO after a conviction or guilty plea. It is administrative. MTO gets the record of conviction, looks ...

(Simon Borys and diehard please feel free to help out here...)

An Affidavit is basically a legal statement by you that you did, said, or saw something. An Affidavit of Service is you saying, on paper, sworn by a Commissioner of Oaths or a Notary Public, that you served someone with a notice, form, document, etc. To get this, you type out a ...

What were you charged with? (I'm going to guess Left Turn Not In Safety.) Also, if I'm reading your post correctly, this is what happened:
- Waiting to turn left on Hwy 7 at Leslie (which is busy and has lots of crashes, all day, every day)
- Light turns yellow, light turns red
- Traffic in through lanes stops
- You proceed to start turning left ...

Was that because of something in their rearview mirror?

The only recourse you have is to appeal the conviction, if you feel that the JP did not allow you to introduce any evidence. You would need to order the transcripts for your original trial, and then prepare a factum, etc., when it goes before a Justice. You could then argue that the JP did not follow proper procedure in failing to allow you to ...

If the officer didn't get a speed reading of your vehicle specifically, unless you were pacing the vehicle in front of you, that could help.

Agreed. You're looking at 0 demerit points, a small fine and your insurance company may forgive it. If you fight it, the Prosecutor will almost certainly seek to amend to the original speed of 91, which means you'd end up with 4 demerit points, $300+ in fines, and your insurance company will slam you. I'd strongly recommend paying this one.

Also ...

Simon Borys wrote:London v Young still stands. It has not been overruled.

+1

In order for London v. Young to be overturned, either the Ontario Court of Appeal would have to reconsider, or it would have to go to the Supreme Court of Canada. That hasn't happened.

Fax method absolutely requires an affidavit of service. You can't just show up with the fax receipts as proof that you've served all of the appropriate parties, you need an affidavit. You also have to file the paperwork with the court, including the affidavits.

The incorrect fine amount would be the best way of fighting this. There is a specific procedure that you have to follow.

If you opt for a full trial, using the defence of "it was too slippery"... you're toast. The Prosecutor will immediately state that this is full evidence that you failed to adjust your driving for the conditions, and you ...