Ontario Highway Traffic Act

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 ...