Search found 2654 matches
- 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 ...
- 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 ...
- 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 ...
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 ...
- 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.
- 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 ...
- 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 ...
- 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."
- 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 ...
- 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.
- 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.
- 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?
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?
- 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.
- 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 ...
- 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 ...
- 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.