Search found 72 matches

by ShrekTek
Wed Jun 28, 2017 1:49 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop, stop sign, police car camera
Replies: 2
Views: 4060

Re: Failure to stop, stop sign, police car camera

Even if you can get the video evidence thrown out, all they need is for the officer to testify that you did not stop completely.

If it is you saying you did stop and officer saying you did not stop, who do you think the JP will beleive? If you said the officer, then you guessed right.

So unless the officers notes are really bad, or the officer ...
by ShrekTek
Wed Jun 28, 2017 1:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: received summons for Part I careless driving
Replies: 9
Views: 5438

Re: received summons for Part I careless driving

If it is a summons then the court date is NOT a trial, and you can request disclosure from the prosecutor at court at this time and also ask for a trial date to be set.

I would also bring drawings of what happened though because if you can convince the prosecutor at this summons date that they have no chance of reasonably prosecuting the charge ...
by ShrekTek
Wed Jun 28, 2017 10:58 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: received summons for Part I careless driving
Replies: 9
Views: 5438

Re: received summons for Part I careless driving

If Car A was driving down the road and there was no obligation for car to stop (no stop sign, no yield sign and no stop light) and Car B pulled out from a side street or driveway (and from between other cars), then if I was driver of Car A I would definitely fight this charge because it does not seem right to me that they got charged. If it was me ...
by ShrekTek
Tue Jun 27, 2017 4:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: received summons for Part I careless driving
Replies: 9
Views: 5438

Re: received summons for Part I careless driving

Sorry just a little confused... Did the driver of Car A or the driver of Car B get charged with Careless Driving?

It seems to me that Car A was not at fault at all and should not have been charged with anything. Car A did not have to stop even though other vehicles were stopped, and Car B would be completely at fault.
by ShrekTek
Tue Jun 27, 2017 8:34 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Construction zone - no speed limit posted
Replies: 5
Views: 6288

Re: Construction zone - no speed limit posted

I disagree with bobajob... Witnesses in the car are fantastic for you but they would have to come to court and be willing to testify the same thing as you that there were no posted 80 km/h signs. Them writing a letter will not work... they need to come to court in person.

The charge was for speeding in a "posted 80 km/h" zone but if there are no ...
by ShrekTek
Fri Jun 23, 2017 5:51 pm
Forum: Prohibited turns
Topic: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC
Replies: 6
Views: 3685

Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

You can look up the Provincial Offences office fax number. That is where you send stuff to the Clerk. Call them and ask for fax if you can not find it online.
by ShrekTek
Fri Jun 23, 2017 3:59 pm
Forum: Prohibited turns
Topic: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC
Replies: 6
Views: 3685

Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Is there somebody that can go for you? Just send them with a signed letter explaining that they are there to ask for a new trial date on your behalf because (1) you did not receive disclosure yet, and (2) you are away at a conference in Montreal.

If you can't find anybody to go for you then I would fax a letter (ASAP) to both the clerk of the ...
by ShrekTek
Thu Jun 22, 2017 8:40 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: received summons for Part I careless driving
Replies: 9
Views: 5438

Re: received summons for Part I careless driving

A summons is NOT a trial. At the summons date the police officer will NOT be there, and you will only be asked how you want to plead to the charge.

You can plead guilty if want, but this is highly not recommended because careless carries the same insurance increases as a DUI. You want to avoid this charge if at all possible.

You can also say you ...
by ShrekTek
Wed Jun 21, 2017 3:55 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Caselaw for speeding on curved road
Replies: 5
Views: 3177

Re: Caselaw for speeding on curved road

An appeal is NOT a new trial, meaning you do not get another chance to challenge the officer or the evidence against you. An appeal is saying that somebody (JP, prosecutor) did something wrong and that you want to challenge that.

You need to read thru the entire transcript, line by line, and highlight anything that you think is incorrect.

I think ...
by ShrekTek
Fri Jun 16, 2017 7:52 pm
Forum: Courts and Procedure
Topic: Prosecutor didn't read the charges
Replies: 4
Views: 3416

Re: Prosecutor didn't read the charges

Hi mike3000

The only time the charges are read, is when you are called up and they are about to ask you how you plead. So at any other stage before this, nobody needs to read the charges, so this is not any kind of fatal error. When it is time for your trial to actually start, they will call you up to the front, ask you to state your name, ask you ...
by ShrekTek
Fri Jun 16, 2017 7:44 pm
Forum: Red Light Camera Ticket
Topic: Right turn on red light camera - complete stop
Replies: 26
Views: 27991

Re: Right turn on red light camera - complete stop

Hi AnyyVen

So the ticket is for a violation of Section 144 (18.1) of the Ontario Highway Traffic Act, which reads:
Red light
(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown.

Certificate of ...