Ontario Highway Traffic Act

You can question them on why their evidence in court contradicts their written statements, but be aware that the court will take what they say in court as their evidence. You might be able to discredit a witness by showing that their verbal evidence significantly contradicts their written statement, but it doesn't have to match exactly. The ...

When you file for an appeal you have to state your reasons. Normally appeals are only granted if your grounds are that there was an error in law. I don't know how this situation would play out, it would ultimately be up to the Justice to determine the validity of the argument. You could try making the argument that the defendant was so distraught ...

It still feels like you're complaining because the MTO didn't cut you ENOUGH slack for your unpaid fines. A warning letter is a courtesy, yes, but I still don't see why you can't be responsible for paying your fines like everybody else and accepting the consequences (that apply to everybody else as well) if you don't.

Section 11 of the Provincial Offences Act covers reopenings. It sets out 2 conditions under which a conviction can be reopened. 1) The the defendant, through no fault of their own was unable to appear for a hearing and 2) A document relating to the offence was not delivered.

In other words, probably not, just for a change of heart.

I disagree. It's not unreasonable to suspend your licence for failing to pay your fines. The onus is on you to make sure your licence is in good order. Driving is a privilege, not a right. I don't see why you feel that it's the governments responsibility to send you a warning letter. especially since they do automatically send a letter notifying ...

Read my latest blog post to find out.

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I had a JP quash a ticket of mine once because he couldn't make out the date. My writing was too sloppy.

Sounds like a good idea!

In my experience an error in the name is not a minor error. I would definitely raise the issue.

There is zero chance that the offence carries anything other than 2 points. That is set by the MTO as an administrative issue.

With respect to the error in your name you could make the argument to the justice of the peace that the person indicated on the ticket is not you. If the ticket has an incorrect last name on it I'd suggest that is not you ...

Sorry, there is no exception in the Highway Traffic Act for exceeding the speed limit in order to pass. The speed limit is supposed to be the MAXIMUM (including when passing).

Thanks Reflections! I've already started going through the board and replying to topics. I hope people find I have something useful to contribute.

It doesn't really make sense to go to a trial date to ask for a stay of proceedings to ask for disclosure since disclosure should have been taken care of before you get to the trial date.

The error on the face of the ticket is amendable if you take it to trial. What they do with it depends largely on the justice of the peace. I've seen some that ...

The fine is indeed $110 and 2 points. The points are an administrative issue and neither the crown nor the justice of the peace has the ability to affect the points. If you plead guilty or are convicted of Disobey Sign you will get the points off your licence.

With respect to insurance, it depends on your policy and company but in general, yes ...

You guys might be interested in my blog. I'm a former police officer in Ontario (traffic was my specialty) who's now going to law school to become a defence lawyer. Now I write about about a number of things including debunking police myths, traffic enforcement and providing information on new laws and legal issues. My last couple posts were about ...