Search found 1065 matches

by Simon Borys
Tue May 31, 2011 1:08 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 76 in a 50 on a quiet road
Replies: 4
Views: 2285

Re: 76 in a 50 on a quiet road

Also, a reduction to 15 km (which carries 0 points) is less likely if your ticket was already reduced at the roadside.
by Simon Borys
Tue May 31, 2011 1:06 pm
Forum: Driving While Suspended
Topic: Lic suspended due to unpaid fine
Replies: 9
Views: 13488

Re: Lic suspended due to unpaid fine

I do have to say though that the process of suspended for a 3 days EVEN AFTER you have paid the fines AND having to pay $150 to get the license re-instated is a complete joke and cash-grab.

Just to clarify this, you're not actually suspended during this time. Once you pay off your fines with the court, you are no longer suspended. At that time ...
by Simon Borys
Mon May 30, 2011 8:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136 on QEW Westbound near Gray's Rd
Replies: 17
Views: 5033

Re: 136 on QEW Westbound near Gray's Rd

It is the prosecutor's "job" to hear you say guilty , either to the original charge or a reduced or amended charge.

I disagree with that. Although a prosecutor's job description includes accepting please, prosecuting cases, and obtaining convictions they are quasi-ministers of justice, and as such their main goal is to seek justice . The doesn't ...
by Simon Borys
Mon May 30, 2011 5:05 pm
Forum: Driving While Suspended
Topic: Lic suspended due to unpaid fine
Replies: 9
Views: 13488

Re: Lic suspended due to unpaid fine

Are you asking whether it would be better to drive your wife's car unlicenced rather than your own car?
by Simon Borys
Mon May 30, 2011 2:08 pm
Forum: Careless Driving
Topic: Careless Driving / Accident with 2 other cars.
Replies: 2
Views: 1917

Re: Careless Driving / Accident with 2 other cars.

Prosecutors will often withdraw the ticket if the witnesses don't show, but they can also ask for an adjournment and attempt to force the witnesses to court no a subsequent date. They can go so far as to ask the judge to issue a warrant for the witnesses.
by Simon Borys
Sun May 29, 2011 9:21 pm
Forum: Careless Driving
Topic: is it okay for a OPP to talk to a minor
Replies: 4
Views: 2018

Re: is it okay for a OPP to talk to a minor

Radar Identified wrote:You may want to consider hiring a paralegal or a traffic lawyer for this particular case.
Agreed. Especially if there was a statement taken from a minor (I wasn't clear on that from your post) because there can be issues with the reliability and accuracy of such statements.
by Simon Borys
Sun May 29, 2011 8:26 pm
Forum: Careless Driving
Topic: is it okay for a OPP to talk to a minor
Replies: 4
Views: 2018

Re: is it okay for a OPP to talk to a minor

Black ice is usually not much help to people charged with careless driving because the prosecutor's position is usually, "If there was black ice on the road you should have been driving slower and more carefully; then there wouldn't have been a collision." But like everything, it depends on the totality of the circumstances.

With respect to ...
by Simon Borys
Sun May 29, 2011 9:50 am
Forum: General Talk
Topic: No/Improper license but really failure to produce license
Replies: 2
Views: 6574

Re: No/Improper license but really failure to produce licens

If you actually had a valid licence, but couldn't produce the card, the proper charge is fail to surrender licence under s. 33(1). $85 fine ($100 total payable). If you were charged under the wrong section it will likely be withdrawn by the prosecutor if you can prove that you had a valid licence at the time you were stopped or you should be able ...
by Simon Borys
Sun May 29, 2011 9:42 am
Forum: Summon
Topic: seven summons at once. Big help needed (((
Replies: 4
Views: 4292

Re: seven summons at once. Big help needed (((

Arches wrote:Will it be any help for my case?
It certainly won't hurt! And you need all the help you can get :)
by Simon Borys
Sat May 28, 2011 11:42 pm
Forum: Summon
Topic: seven summons at once. Big help needed (((
Replies: 4
Views: 4292

Re: seven summons at once. Big help needed (((

The fines you're looking at are likely:

1) Driving motor vehicle with only 1 license plate (rear) - $85
2) Fail to surrender permit for motor vehicle (I DO have it however, it was at home... but I do have it, and can prove it is actually my vehicle) - $85
3) The use of a defaced or altered number plate (the sticker was fake... however I found the ...
by Simon Borys
Sat May 28, 2011 10:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136 on QEW Westbound near Gray's Rd
Replies: 17
Views: 5033

Re: 136 on QEW Westbound near Gray's Rd

nerd wrote:you may want to spend the money for a traffic defense lawyer to try negotiating no points if it's your first offense
You can't negotiate the points.
by Simon Borys
Sat May 28, 2011 10:10 pm
Forum: General Talk
Topic: More than 15 days since I was issued ticket
Replies: 8
Views: 20554

Re: More than 15 days since I was issued ticket

No one is disputing what it says on the back of the ticket but, as I said, a ticket is not put into court to ask for a s. 9.1 conviction right after the 15th day.
by Simon Borys
Sat May 28, 2011 10:08 pm
Forum: General Talk
Topic: Prosecutor threw out my offence but still got a court date
Replies: 11
Views: 5827

Re: Prosecutor threw out my offence but still got a court da

If you should be in court but do not show, it will only make the judge angry and end up with a charge for failure to appear.

Actually you don't get charged for fail to appear in POA court. They just ask for a conviction in abstentia under s. 9.1 if it's a Part 1 ticket or have an ex-parte trail if it's a Part 3 summons.

They probably dismissed ...
by Simon Borys
Fri May 27, 2011 10:44 pm
Forum: Failing to obey signs
Topic: Need Advice - Disobey STOP sign
Replies: 7
Views: 2786

Re: Need Advice - Disobey STOP sign

Common reasons why charges are withdrawn in situations like this are: (1) officer made no notes or insufficient notes to support the a conviction, and (2) wrong charge (the charge isn't really supported on the facts as the officer recorded them) and they don't want to bother issuing a corrective summons and bringing everybody back to do it over ...
by Simon Borys
Fri May 27, 2011 3:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 134 in a 100 - Possible fatal error
Replies: 21
Views: 7886

Re: 134 in a 100 - Possible fatal error

If the crown is asking for an adjournment you could argue that you are present and ready to proceed (if you actually are) and try to show that the crown's reasons for requesting an adjournment are not important enough and that you would be prejudiced somehow by having this drag out longer. If successful in avoiding the adjournment the crown would ...