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He wasn't charged with impaired driving or driving over .08 (so to speak), though. He blew .05, which is only enough to get a roadside licence suspension (HTA).

I'd still bring the receipt (as you said) and see how it goes, though.

I was just commenting
on his particular response to my question where he came
across as a disgruntled ex cop rather than a helpful moderator,
especially since in this particular matter he was way off.


No, he wasn't "way off." He said:

Visibility of the sign or awareness of the speed zone is essentially irrelevant as speeding is an absolute ...

Never heard of a "Letter to the Justice" before.

You cannot really submit a written defence, either. You'll need someone to attend court - either yourself, or someone on your behalf. The only way I can see this working is if you hired a paralegal.

NOTE: This is a new thread created to allow for a discussion specific to this issue.

Your situation is unfortunate.

A couple of things have to occur for you to get your licence back, if that's what you want/need to do in the near future. As for the collection agency, you could call them and let them know you intend to pay it, however at this ...

I was just sent a letter of suspension for a seatbelt violation back in August. I never received any notice about how much the violation cost, and to be honest, I totally forgot about it. I just went through a miscarriage in November, and dealing with that and being on disability, the ticket was the last thing on my mind. But, I was floored when I ...

Well depends on what you want to do... you might be able to drop in to the Prosecutor's office to get a further reduction in the speeding charge. I'd do that ASAP and see what they offer. If you get nothing other than "49 over, take it or leave it," I would suggest you just keep it "as is," and move on. Others may disagree with me, but if you can't ...

Yes, just call the courthouse and they should be able to tell you. Or, if you got the ticket in Toronto, call Court Services. Not sure of the exact number, though. But they'll be able to tell you.

Just curious... what was the reasoning behind Ticketcombat's suggestion to ignore the ticket?

Unfortunately, I think you don't have grounds for an appeal. It's hindsight, but before pleading to anything, you should have confirmed that the officer was present, ie "I want to ask the officer a question before pleading." Not technically 100% accurate court procedure, but it would've achieved the aim of the exercise. Once you pled guilty, the ...

Could also be things that we already know of, like:

- Device wasn't tested prior to the stop
- No tracking history of the vehicle
- Radar device failed the test(s)
- Multiple targets in close proximity going toward/away (radar only, not lidar)
- Gross mismatch between officer observed speed and radar reading
Etc...
Don't know for sure...

Two words: CONGRATULATIONS!!! And... NICE!!!

(Okay, that's three words but who's counting?)

On behalf of everyone, I'd like to thank you for sharing your experience with filing the 11B. I figured the Prosecutor would try the plea-bargain, just to see if you'd fall for it. Given the effort you put in, I hope you stick around and help others on ...

diehard wrote:>> Radar, we need to include this info in the quick guide.

Done.

Personally I think its a tough one to write and an EASY one to contest.



Respectfully disagree.

Simon Borys and hwybear both covered it. The officer does not need to produce the cellphone as evidence that the individual was talking on it. This is not a drug seizure. The only evidence that needs to be entered for a conviction is that the ...

When you're filing a disclosure request, you want to make sure that you are asking for stuff that enables you to make a "full answer and defence." This means you want to request relevant information, but not extraneous stuff. It's not a fishing expedition. If you ask for specific, important things and don't get them, you can file for a stay of the ...

Given the fact you have multiple infractions in a short period of time, I'd suggest hiring a paralegal. There's a form to fill out at the bottom of the page for a free quote.

IMO, defence of necessity does not apply here. If you were in a life-threatening emergency, yes, you could speed... BUT this scenario does not count. The reason being, you chose to pass a drunk driver. The Crown will become quite theatrical and ask, with incredulous flair: "You PASSED a drunk driver? So, you risked getting sideswiped by a driver ...

Careless driving does not mean you were driving out of control. Careless driving means, as OTTLegal says, you were driving without DUE care and attention. You could be "out of control," but you do not have to be in order to be charged/convicted of careless. If you really were driving out of control, that's beyond careless driving - that is ...

Jail time is not too likely in your case. Show the Prosecutor that you have paid your outstanding $100 sticker fine, paid the licence reinstatement fee, and that you made a mistake and were not aware. In that case, they'll probably reduce it to "Drive with No Licence," which dramatically lowers your fine.

You are currently charged with Stunt Driving. As you've noticed, you're facing $2000 to $10 000 in fines. Not only that, but you're likely looking at a licence suspension as well. There is the remote possibility of going to jail, although that is highly unlikely in your case.

You should hire a paralegal or a lawyer to fight this for you. This is ...

No further steps are required right now. You can go to First Attendance and see what they offer you (might be worth it).

If you saw a bunch of flashes behind you, then you probably got dinged by a red light camera.

The only thing you can do at this point is wait and see. The photographs have to show that your vehicle was outside of the intersection when the light was red, and then your vehicle must be in the intersection with the light still red. The police will ...

If you have your Notice of Trial and/or your ticket, it should have the address of the courthouse. If not, I believe it is:

465 Davis Drive West, Suite 200
Newmarket, Ontario
L3Y 7T9

You can file the request one of two ways. You can either send the request via registered mail to the courthouse. Address it to the "Prosecutor's Office," followed by ...

Would having a French trial be in anyway more advantageous? Do the prosecutors know both languages? How about Toronto Police?


If your first language is French, then it would be advantageous to get a trial in French. They'll just get an interpreter to translate the officers' words in to French. In addition, they'll get a fluently bilingual ...

So i can't just fax up a storm with no affidavits?

Correct. You need proof that everyone was served.

diehard and I both filed 11Bs recently. (Go to Courts and Procedure and click on "how to file an 11B.") The link provides the correct format. The Prosecutor's Office and Court Clerks had no problem accepting them. As for the faxes to the ...

In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case ...

If you appeal and are successful, it will be wiped off your MTO record. If you appeal and are not successful, then the conviction will stand.

Just curious - is this hypothetical or did the JP reject your 11B? 13 months is absolutely long enough for an 11B.

Would also like to add... those two cases basically say that minor misjudgments and momentary inattention are not grounds for careless driving. Also in Erredia, the officer charged the driver with careless "because no other charge fit." (This was due to a cracked mirror where a transport truck tried to squeeze by a parked garbage truck on a narrow ...

Also, this was my first offence, if that helps.


It probably would. You'll likely be offered a plea-bargain to a lesser offence, perhaps even a municipal by-law infraction. That would lower the fine, for starters. The demerit points do not affect your insurance - convictions do. Municipal by-law infractions really don't end up on your driving ...

Reminds of a funny thing this past summer. While driivng/exploring down a backroad (logging) in northern Ontario I was touring at about 20km/hr and crossing a swamp, I noticed a bend in road, same on GPS, GPS showed another road coming up on my left part way across the swamp.....well got to that "intersection" and NO road at all to the left ...

Given your lack of previous convictions, you will probably be offered a plea-bargain to a lesser speed. It's your choice if you want to take that or not. Speeding cases are not so easily won. In almost all instances, they are won on technicalities. Some examples include: failure to provide disclosure by the Crown; no notes about testing the device ...