Search found 1065 matches

by Simon Borys
Wed Oct 26, 2011 3:56 pm
Forum: General Talk
Topic: Invalid Permit
Replies: 3
Views: 1621

Re: Invalid Permit

Commercial plates expire at end of the month. Personal plates expire on the birthday of the owner. No section # may be good enough to get the ticket quashed. You always have to think of errors in terms of how they have prejudiced your ability to make full answer and defence. Courts are not sympathetic to technical errors that have no prejudice ...
by Simon Borys
Tue Oct 25, 2011 11:35 pm
Forum: Improper right turn
Topic: Police did not check my information
Replies: 5
Views: 3151

Re: Police did not check my information

The officer doesn't have to check your information before he issues you a ticket.
by Simon Borys
Tue Oct 25, 2011 3:03 pm
Forum: Courts and Procedure
Topic: Mandatory First Attendance?
Replies: 2
Views: 2788

Re: Mandatory First Attendance?

"First attendance" usually refers to the court date on the summons, which would make it obligatory. As has been said, any date on a summons or any official court date (when court is sitting and your name is on the docket) is mandatory. Nothing in the HTA or POA says meetings with prosecutors are.
by Simon Borys
Tue Oct 25, 2011 2:55 pm
Forum: Failing to obey signs
Topic: Going to Trial Next Month
Replies: 20
Views: 5689

Re: Going to Trial Next Month

I don't see how the discrepancies you have mentioned, even if you can get the court to completely accept your version of the events and reject the officer's, will have any bearing on the ticket being dismissed.
by Simon Borys
Tue Oct 25, 2011 2:53 pm
Forum: Compulsory Automobile Insurance Act
Topic: Just a short question
Replies: 2
Views: 1633

Re: Just a short question

You don't have to appear in person if you have a representative there for you.
by Simon Borys
Tue Oct 25, 2011 2:53 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to come to a complete stop
Replies: 6
Views: 4202

Re: Failed to come to a complete stop

Just so you don't have any false expectations, the officer's rudeness, even if you complaint is substantiated and he's disciplined for it, will not have any effect on your ticket.
by Simon Borys
Tue Oct 18, 2011 10:54 pm
Forum: Careless Driving
Topic: Careless Driving (in Inclement Weather)
Replies: 3
Views: 3159

Re: Careless Driving (in Inclement Weather)

The fact that it was raining isn't going to help you. The typical response from prosecutors when people say they crashed because of the weather is that you should have been going slower if the weather was bad. Prosecutors tend to view the collision in bad weather as evidence of the fact that you weren't driving "with due care and attention" (to the ...
by Simon Borys
Tue Oct 18, 2011 10:48 pm
Forum: General Talk
Topic: "Default and Appeal" - whether & how to proceed?
Replies: 3
Views: 1448

Re: "Default and Appeal" - whether & how to proceed?

Have you filed for a re-opening or an appeal? If you filed for a re-opening then the crown once again has the opportunity to request an amendment to the certificate to correct the error. If you are appealing then it's essentially just a review of the JP's failure to quash the ticket. In the latter scenario it's irrelevant why you didn't show up ...
by Simon Borys
Tue Oct 18, 2011 10:45 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Thanks giving weekend on HWY138
Replies: 7
Views: 2539

Re: Thanks giving weekend on HWY138

Every jurisdiction has a different procedure for obtaining disclosure, usually it consists of writing to the crown. Call the courthouse and ask.
by Simon Borys
Tue Oct 18, 2011 10:44 pm
Forum: Red Light Camera Ticket
Topic: NEED HELP TO REDUCE FINE!!!
Replies: 3
Views: 3924

Re: NEED HELP TO REDUCE FINE!!!

The crown is the prosecutor
by Simon Borys
Sun Oct 16, 2011 11:47 pm
Forum: Courts and Procedure
Topic: Appealling an old ticket that has been already payed for?
Replies: 2
Views: 1641

Re: Appealling an old ticket that has been already payed for

You have 30 days to reopen a matter, but after that you can still appeal a conviction. You still need a valid reason to appeal or your request will be denied and I agree with Stanton that I don't see the argument in what you're saying.
by Simon Borys
Sun Oct 16, 2011 11:45 pm
Forum: Careless Driving
Topic: Help with my careless driving charge?
Replies: 13
Views: 10065

Re: Help with my careless driving charge?

I would qualify Stanton's statements about police being able to as preliminary questions to "figure out what happened" in the absence of grounds by pointing to White (1998) SCC and several subsequent cases which say that if the statement you give to the police is compelled (which a statement in relation to a collision may be under the Highway ...
by Simon Borys
Sun Oct 16, 2011 11:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to come to a complete stop
Replies: 6
Views: 4202

Re: Failed to come to a complete stop

The officer has no discretion to issue you a reduced fine. The fine for failing to stop for a stop sign is set by the Chief Justice of Ontario at $110.
by Simon Borys
Thu Oct 06, 2011 12:24 am
Forum: Traffic Offences Outside Ontario
Topic: Moving from BC to Ontario, lost license for being over .08
Replies: 2
Views: 3679

Re: Moving from BC to Ontario, lost license for being over .

Reduced Suspension with Interlock program is specifically for people who are charged criminally and plead within a certain time frame. You may still have to get an ignition interlock here in Ontario, but I don't think it will be through this program.
by Simon Borys
Mon Oct 03, 2011 11:13 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Changing court date - details
Replies: 1
Views: 1596

Re: Changing court date - details

You can contact the prosecutor and see if they will consent to the adjournment request. If they are going to you usually just need to fax something to them and they will present it to the judge on the court date.