Search found 2654 matches

by Radar Identified
Tue Jan 18, 2011 6:23 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?

Once you get your trial date, file for disclosure of the evidence against you. In this case, you want the officer's notes. You want to see if the officer lost sight of your vehicle. If the officer did, you might be able to make a case that they stopped the wrong vehicle. However, if the officer's notes look pretty solid, you might want to think ...
by Radar Identified
Tue Jan 18, 2011 6:21 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 129 on 80 limit highway
Replies: 13
Views: 4661

Re: Speeding 129 on 80 limit highway

Well looks like you played this one perfectly. Not only did you save demerit points, it also saved you a licence suspension. 4 demerit points, as you know, would've netted you a licence suspension as you are a G2 driver. In addition, I think you'll probably get an insurance increase. HOWEVER, don't be disappointed with that. You were looking at a ...
by Radar Identified
Tue Jan 18, 2011 6:13 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 22 km over (72 in 50 zone)
Replies: 27
Views: 6371

Re: 22 km over (72 in 50 zone)

Would the JP have dismissed my 11B request for stay if I hadn't done this?


Probably. If the adjournment was due to the fault of the Crown (e.g. no disclosure), the JP presiding would have needed evidence (the transcript) that it was the Crown's fault in order to rule in your favour. I'd get it, even if it costs more. The more paperwork you can ...
by Radar Identified
Sun Jan 16, 2011 6:43 pm
Forum: Courts and Procedure
Topic: Markham Rd East Courthouse
Replies: 8
Views: 3432

Re: Markham Rd East Courthouse

Yep, that courthouse covers all of Scarborough and parts of East York. HUGE backlog. Lots of cases dropped/stayed due to 11B (unreasonable delay) filings.
by Radar Identified
Sun Jan 16, 2011 6:36 pm
Forum: Improper left turn
Topic: How to defend against this?
Replies: 11
Views: 3762

Re: How to defend against this?

Agree with da Bear. The diagram does not have to be exact. In this case, it is close enough. I would also recommend photographing the scene of the collision and indicate where your lane change, then his lane change and the subsequent collision, took place. If the situation happened as you described it, he is 100% at fault by the Fault Determination ...
by Radar Identified
Sun Jan 16, 2011 6:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Britannia Rd - Disobey Red Light - Fail to stop
Replies: 1
Views: 1987

Re: Britannia Rd - Disobey Red Light - Fail to stop

The correct set fine is $260 with a total payable of $325. The Ontario Court of Appeal has ruled that this is a fatal error (London v Young). However, you must go through a rather obscure process to get it quashed. This is done by not showing up on the day of trial. The Justice of the Peace must examine the ticket and quash it if there are no fatal ...
by Radar Identified
Fri Jan 14, 2011 12:34 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 9696

Re: Picked UP disclosure for trial..Improper ?

10 months and 2 weeks is not sufficient time for an 11B in my opinion. 11 months is the minimum "goal line."
by Radar Identified
Fri Jan 14, 2011 12:28 am
Forum: Careless Driving
Topic: Careless Driving Charge w/ 1-Day Suspension "Warning"
Replies: 9
Views: 3570

Re: Careless Driving Charge w/ 1-Day Suspension "Warning"

Suspension's already over so you can't get it "dismissed." I have no idea what part of the HTA, CAIA or what was used. It is definitely weird. But perhaps you could mention it when going to court. Might've been a 3-day suspension that the officer mistakenly "reduced" to 24 hours. As for the careless driving charge, I'd suggest hiring a paralegal ...
by Radar Identified
Fri Jan 14, 2011 12:23 am
Forum: General Talk
Topic: Got a letter in the mail dont know what it means
Replies: 3
Views: 1608

Re: Got a letter in the mail dont know what it means

It means you are off the hook.
by Radar Identified
Fri Jan 14, 2011 12:21 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: failure to stop at stop sign on snowy day
Replies: 7
Views: 2374

Re: failure to stop at stop sign on snowy day

I wouldn't say there's "no way." All depends on what you plea-bargain to. A municipal by-law infraction for disobeying a sign would not carry demerit points.
by Radar Identified
Fri Jan 14, 2011 12:18 am
Forum: Improper left turn
Topic: How to defend against this?
Replies: 11
Views: 3762

Re: How to defend against this?

Well, I don't see how you're considered "at fault." He probably could've been charged with Lane Change - Not in Safety contrary to section 142 (1) of the Highway Traffic Act.

Click here for Fault Determination Rules

Look at section 10 (4). Does this describe your situation?

I'm guessing that there was less than $1000 damage, correct?
by Radar Identified
Fri Jan 14, 2011 12:10 am
Forum: Failing to stop for a school bus
Topic: Failing to stop - School bus
Replies: 3
Views: 3504

Re: Failing to stop - School bus

What you got was a summons to appear in court for failing to stop for a school bus. I wouldn't chance not appearing, even with what the officer said. You should probably consider hiring legal representation if you cannot go yourself.
by Radar Identified
Thu Jan 13, 2011 11:04 am
Forum: Improper driving when road is divided into lanes
Topic: Got a ticket for failure to drive in marked lane.
Replies: 1
Views: 3451

Re: Got a ticket for failure to drive in marked lane.

Given the circumstances, it's going to be difficult to fight this ticket if the officer shows up for court. The officer could have charged you with careless driving. It sounds like he gave you a bit of a break. Unless there's some sort of technicality that comes up, you could try to plea bargain to a lesser offence, but "fail to drive in marked ...
by Radar Identified
Thu Jan 13, 2011 10:51 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: failure to stop at stop sign on snowy day
Replies: 7
Views: 2374

Re: failure to stop at stop sign on snowy day

Well... if you have no prior convictions, you should be able to plea-bargain it down to a lesser charge. They might offer you a municipal by-law infraction, or some Highway Traffic Act infraction that is less expensive and has 2 demerit points or less. diehard told you how to start: option 3. Take your ticket to the courthouse listed on the back ...
by Radar Identified
Wed Jan 12, 2011 1:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: fatal errors?
Replies: 5
Views: 2251

Re: fatal errors?

Enough to get it quashed... probably not. It does specify a valid location. You could argue that you've been misled by the ticket and it is not specific enough, but I'm not really sure that will work.