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 ...
Search found 2654 matches
- Sat Feb 05, 2011 8:40 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Fail to Stop - Amber 144 (15)
- Replies: 2
- Views: 1990
- Sat Feb 05, 2011 8:36 pm
- Forum: General Talk
- Topic: Where to wait to make a left turn at a intersection.
- Replies: 15
- Views: 18518
Re: Where to wait to make a left turn at a intersection.
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 ...
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 ...
- Wed Feb 02, 2011 7:57 pm
- Forum: Improper driving when road is divided into lanes
- Topic: Ticket for failure to drive in marked lanes
- Replies: 3
- Views: 3173
Re: Ticket for failure to drive in marked lanes
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 ...
- Wed Feb 02, 2011 7:51 pm
- Forum: Courts and Procedure
- Topic: At what point do I argue financial hardship?
- Replies: 7
- Views: 3128
Re: At what point do I argue financial hardship?
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.
But, talk to the Prosecutor and see how it goes. Good luck with it.
- Wed Feb 02, 2011 7:49 pm
- Forum: Improper driving when road is divided into lanes
- Topic: Fail to drive in marked lane Reported by 3rd party
- Replies: 14
- Views: 5163
Re: Fail to drive in marked lane Reported by 3rd party
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.
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.
- Wed Feb 02, 2011 7:47 pm
- Forum: Improper left turn
- Topic: Rear-Ended and a TICKET?!
- Replies: 7
- Views: 3926
Re: Rear-Ended and a TICKET?!
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 ...
I'm going to say 141 (5) cannot be amended at trial if it is more than six ...
- Wed Feb 02, 2011 7:30 pm
- Forum: Courts and Procedure
- Topic: Speeding violation: Ticket says 82 km in an 80km. Fight it?
- Replies: 4
- Views: 6477
Re: Speeding violation: Ticket says 82 km in an 80km. Fight
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 ...
- Wed Feb 02, 2011 7:05 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: How to tell if my ticket was quashed? (I ignored it)
- Replies: 3
- Views: 2097
Re: How to tell if my ticket was quashed? (I ignored it)
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 ...
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 ...
- Tue Feb 01, 2011 5:52 pm
- Forum: Other Ontario Provincial Acts Related to Traffic
- Topic: Suspension for Novice Violation(s)
- Replies: 2
- Views: 8257
Re: Suspension for Novice Violation(s)
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 ...
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 ...
- Tue Feb 01, 2011 5:40 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: speeding in brockville ON - 133 in a 100 zone on the 401
- Replies: 3
- Views: 4560
Re: speeding in brockville ON - 133 in a 100 zone on the 401
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 ...
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 ...
- Tue Feb 01, 2011 5:28 pm
- Forum: Improper left turn
- Topic: Improper eft Turn 141(3)
- Replies: 7
- Views: 2587
Re: Improper eft Turn 141(3)
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 ...
- Tue Feb 01, 2011 5:17 pm
- Forum: Improper driving when road is divided into lanes
- Topic: Fail to drive in marked lane Reported by 3rd party
- Replies: 14
- Views: 5163
Re: Fail to drive in marked lane Reported by 3rd party
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 ...
- Tue Feb 01, 2011 5:07 pm
- Forum: General Talk
- Topic: Daughter Charged with 144 (19)
- Replies: 1
- Views: 2286
Re: Daughter Charged with 144 (19)
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 ...
- Tue Feb 01, 2011 4:57 pm
- Forum: Courts and Procedure
- Topic: At what point do I argue financial hardship?
- Replies: 7
- Views: 3128
Re: At what point do I argue financial hardship?
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.
- Tue Feb 01, 2011 4:50 pm
- Forum: Red Light Camera Ticket
- Topic: Help! Tips for red light camera ticket
- Replies: 1
- Views: 6995
Re: Help! Tips for red light camera ticket
"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 ...