It was a POA appeal, which is heard by a judge of the Ontario Court of Justice (Justice Libman in this case). As an appellate decision, it is should be binding on JPs who operate in traffic court.Stanton wrote:I don't believe however that the decision is binding at that level of Court.
Search found 1065 matches
- Thu Jun 09, 2011 2:39 pm
- Forum: General Talk
- Topic: Breathing new life into "guilty with explanation"?
- Replies: 3
- Views: 1801
Re: Breathing new life into "guilty with explanation"?
- Tue Jun 07, 2011 11:00 pm
- Forum: General Talk
- Topic: Drive Motor Vehicle, No Currently Validated Permit ticket
- Replies: 8
- Views: 17026
Re: Drive Motor Vehicle, No Currently Validated Permit ticke
Any ticket can affect your insurance but non-moving violations often less so.
- Tue Jun 07, 2011 4:53 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 78 km/h in a 40
- Replies: 2
- Views: 1355
Re: 78 km/h in a 40
Get disclosure, have resolution meeting, have trial (or plea).
- Tue Jun 07, 2011 4:52 pm
- Forum: General Talk
- Topic: Plates or License?
- Replies: 4
- Views: 1732
Re: Plates or License?
But it's only the local police who have that information. It doesn't go on the province wide system (PARIS) for tracking plates and DLs.
- Tue Jun 07, 2011 4:49 pm
- Forum: Failing to obey signs
- Topic: Disobey Sign
- Replies: 8
- Views: 3818
Re: Disobey Sign
Re #2: painted lines (solid or broken) are advisory only and have no legal effect.
- Tue Jun 07, 2011 4:47 pm
- Forum: Red Light Camera Ticket
- Topic: I ran a red and got a ticket - what do I do?
- Replies: 1
- Views: 40647
Re: I ran a red and got a ticket - what do I do?
The date of deemed service is just the date by which you are deemed to have been served notice that you are charged with the offence. You still have time beyond that to respond to the ticket by (1) pleading guilty, (2) pleading guilty with an explanation, or (3) setting a trial.
If you want to speak with the prosecutor about a possible joint ...
If you want to speak with the prosecutor about a possible joint ...
- Tue Jun 07, 2011 4:42 pm
- Forum: General Talk
- Topic: Drive Motor Vehicle, No Currently Validated Permit ticket
- Replies: 8
- Views: 17026
Re: Drive Motor Vehicle, No Currently Validated Permit ticke
The charge of No Currently Validated Permit is correct in situations like this because Regulation 628 s. 6 says: "A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry and affixed in the appropriate space provided on the permit "
That being said, it's a pretty cheesy violation and I think most ...
That being said, it's a pretty cheesy violation and I think most ...
- Tue Jun 07, 2011 4:32 pm
- Forum: Careless Driving
- Topic: Pleading Down A Careless Driving Charge
- Replies: 1
- Views: 2424
Re: Pleading Down A Careless Driving Charge
The obvious choice, to me, which appears to be supported by the facts is Lane Change Not in Safety.
- Sun Jun 05, 2011 12:59 pm
- Forum: Failing to obey signs
- Topic: Disobeyed a sign? Need some advice please...
- Replies: 24
- Views: 8000
Re: Disobeyed a sign? Need some advice please...
19 months delay is likely grounds for an 11(b) if the delay is attributable to the crown or institutional. Procedure for ordering transcripts varies from jurisdiction to jurisdiction. You'll have to contact them for more info.
- Fri Jun 03, 2011 5:45 am
- Forum: General Talk
- Topic: Go to pay ticket online and get "Offence not Found"..??
- Replies: 4
- Views: 13870
Re: Go to pay ticket online and get "Offence not Found"..??
If it's been that link it's entirely possible the ticket was never submitted by the officer. But you probably should call the court house and give them the ticket # to check themselves before you just ignore it.
- Thu Jun 02, 2011 4:28 pm
- Forum: Failing to obey signs
- Topic: Disobeyed a sign? Need some advice please...
- Replies: 24
- Views: 8000
Re: Filing for 11b
You do both. Usually you file the 11(b) and it is scheduled to be heard the day of trial. So if you're unsuccessful with that, the trial proceeds as normal. If they can't fit it in on the day of, they will schedule it for an earlier date to be heard separately. Again, if you lose then, trial proceeds as normal.
- Thu Jun 02, 2011 4:27 pm
- Forum: Failing to obey signs
- Topic: Disobeyed a sign? Need some advice please...
- Replies: 24
- Views: 8000
Re: Who do I call....
That's probably some branch of MTO. I don't think it's they city's responsibility to erect signs related to the Highway Traffic Act.
- Wed Jun 01, 2011 9:59 pm
- Forum: Failing to obey the directions of a police officer
- Topic: Disobeying officer when speeding
- Replies: 4
- Views: 3975
Re: Disobeying officer when speeding
What is the section number for the 2nd offence you are charged with (the non-speeding one)?
- Wed Jun 01, 2011 9:58 pm
- Forum: General Talk
- Topic: 1st ticket-Speeding&Failing to surrender permit-WHAT DO I DO
- Replies: 5
- Views: 1980
Re: 1st ticket-Speeding&Failing to surrender permit-WHAT DO
The officer doesn't have the authority to bind the prosecutor to a deal (namely dropping the permit charge if you show up with them) so don't quote him on that. I think he's indicating that, usually, the prosecutor will drop such an offence if you do bring your docs in, especially if you're pleading to another offence. However the fact that the ...
- Wed Jun 01, 2011 9:55 pm
- Forum: Failing to obey signs
- Topic: Fail to obey traffic sign - stop sign - on military base
- Replies: 9
- Views: 5604
Re: Fail to obey traffic sign - stop sign - on military base
Probably not. I've rarely heard of JP's making an issue out of no cross street. But I think it would be even less of an issue with yours, since the specific offence isn't even failing to stop at a particular stop sign at a particular street.