Search found 1065 matches

by Simon Borys
Tue Jul 12, 2011 10:44 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 159km/h in 100 zone
Replies: 5
Views: 4221

Re: 159km/h in 100 zone

In my experience a reduction to 49 over is pretty good, but that's still a pretty severe conviction. However, unless there are some problems with the prosecutor's case or some good triable issues, I dont think they are likely to reduce further.
by Simon Borys
Tue Jul 12, 2011 10:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Prosecutor's Motion to Adjourn original Trial Date
Replies: 8
Views: 3421

Re: failure to provide disclosure material -- trial tomorrow

You're probably not at a long enough delay to request a stay for a s. 11(b) and you're also nt likely to get a stay for a s. 7 violation for lack of disclosure since the prosecution has agreed to provide it to you - they just haven't yet. Hence, an adjournment may be the likely outcome. If you do request one it would probably be a good idea to make ...
by Simon Borys
Tue Jul 12, 2011 10:31 pm
Forum: Driving While Suspended
Topic: suspended due to unpaid fine - court date in a few days
Replies: 11
Views: 4203

Re: How to discuss a plea bargain (how to approach prosecuto

In most jurisdictions you would just see them in the morning before court starts. They usually make an announcement for people to come see them.
by Simon Borys
Tue Jul 12, 2011 10:28 pm
Forum: Careless Driving
Topic: Careless Driving Ticket (No Accident, No Witnesses) 5/15/11
Replies: 8
Views: 3241

Re: Careless Driving Ticket (No Accident, No Witnesses) 5/15

I undertand what you're saying but there is no right to a resolution meeting. It's just something they do to make the process more efficient. I suspect you will still have the same opportunity the morning of.

I don't really think you have much other recourse here.
by Simon Borys
Tue Jul 12, 2011 10:07 pm
Forum: General Talk
Topic: Ticket - Driving Using Handheld device
Replies: 8
Views: 3477

Re: Ticket - Driving Using Handheld device

Ferrari321 wrote:Thanks for the heads up. Any weight in showing that because the officer had bad judgement in copying the address that he could've also had bad judgement in writing the ticket?
That's even less likely to succeed than using it to discredit the officer, in my opnion.
by Simon Borys
Tue Jul 12, 2011 10:02 am
Forum: General Talk
Topic: Ticket - Driving Using Handheld device
Replies: 8
Views: 3477

Re: Ticket - Driving Using Handheld device

An incorrect address should not prima facia invalidate the ticket. You can attempt to use the officer's error with respect to the address to say that he may also be in error about the handheld device but Justices of the Peace usually aren't sympathetic to that positiion in my experience.
by Simon Borys
Tue Jul 12, 2011 9:35 am
Forum: Careless Driving
Topic: Careless driving ticket for obstructing a cop's pursuit
Replies: 14
Views: 4121

Re: Careless driving ticket for obstructing a cop's pursuit

You'll have to write to the prosecutor's office to request disclosure after you select option 3. Ask at the courthouse where to send the request.
by Simon Borys
Tue Jul 12, 2011 12:48 am
Forum: Driver failing to wear a seat belt
Topic: Ticketed despite wearing a seat belt
Replies: 2
Views: 3870

Re: Ticketed despite wearing a seat belt

What you are saying happened is not a "defence", it's your version of the facts. You can present that the the Justice of the Peace at a trail and the officer can present theirs. It is then up to the JP to decide whether your story raises reasonable doubt. If they disbelieve you then a conviction will likely follow.
by Simon Borys
Tue Jul 12, 2011 12:45 am
Forum: Careless Driving
Topic: Careless driving ticket for obstructing a cop's pursuit
Replies: 14
Views: 4121

Re: Careless driving ticket for obstructing a cop's pursuit

This sounds like a good scenario to request disclosure and see what evidence the officer has. Once you obtain this it would probably be a good idea to consult with a lawyer or paralegal given the severity of a careless driving conviction and the complexity of careless law.
by Simon Borys
Tue Jul 12, 2011 12:40 am
Forum: General Talk
Topic: Speeding ticket, no demerit points
Replies: 1
Views: 1851

Re: Speeding ticket, no demerit points

It will show if you are convicted - regardless of whether that conviction comes by way of a plea or a finding of guilt after a trial.
by Simon Borys
Tue Jul 12, 2011 12:39 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 82 in a 60 - While riding in a group of motorcycles
Replies: 3
Views: 1781

Re: 82 in a 60 - While riding in a group of motorcycles

Prosecutors will often still entertain plea deals when the feel they would likely win because a plea saves them the hassle of the trial and gives certainty in a conviction. Sometimes people plea a speeding charge down to disobey sign (the speed limit sign). I doubt that they will withdraw the ticket and allow you to make a charitable donation.
by Simon Borys
Thu Jul 07, 2011 11:16 am
Forum: General Talk
Topic: Use of Headlights
Replies: 4
Views: 3395

Re: Use of Headlights

by Simon Borys
Wed Jul 06, 2011 2:52 pm
Forum: Improper passing
Topic: Improper Passing or Careless Driving?
Replies: 16
Views: 16575

Re: Improper Passing or Careless Driving?

It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a ...
by Simon Borys
Tue Jul 05, 2011 9:42 pm
Forum: Compulsory Automobile Insurance Act
Topic: Insurance Question
Replies: 3
Views: 2316

Re: Insurance Question

I think insurance companies are usually just concerned with your last 3 calendar years of drivng history. They do also favourably consider all of your continuous years of insured driving because those years, if collision free, also form part of your driving history for them, but i dont think that necessarily means they look negatively on uninsured ...
by Simon Borys
Thu Jun 30, 2011 7:38 pm
Forum: General Talk
Topic: Help - first time offence - called to court
Replies: 2
Views: 1499

Re: Help - first time offence - called to court

It is true that you shouldn't be able to be properly convicted of a novice driver offence if you in fact had no licence. Guiltywith an explation may not be the option you want if you plan on disputing 1 of the 3 charges. You might have better luck requesting a trial and then speaking with the prosecutor in advance at a resolution meeting. They ...