Search found 1065 matches

by Simon Borys
Wed Mar 30, 2011 10:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136 (1)(a) Disobey Stop sign
Replies: 29
Views: 27657

Re: section 136 (1)(a) Disobey Stop sign

Can I argue about the speed, how does the officer know I was going 20 km/h.
What are you going to argue about this, it's just a guess and he doesn't need to prove what your speed was to prove the offence, he just has to prove that you were going more than zero km/hr.

Also the officer was parked in a small plaza (Macs, daycare, pizza place ...
by Simon Borys
Wed Mar 30, 2011 10:35 pm
Forum: Courts and Procedure
Topic: Do I qualify for 11b
Replies: 6
Views: 2568

Re: Do I qualify for 11b

The time between this date and the next available date is institutional delay, not your fault. I just meant I don't know if any of the other time is attributable to you.
by Simon Borys
Wed Mar 30, 2011 2:59 pm
Forum: Courts and Procedure
Topic: Do I qualify for 11b
Replies: 6
Views: 2568

Re: Do I qualify for 11b

If everybody went to trial courts would grind to a halt and everybody would get their charges stayed for the delay. But, as you've pointed out, that's not what happens. However in your case, I think 18 months is a great case for 11(b), provided none of that delay is attributable to you.
by Simon Borys
Wed Mar 30, 2011 8:03 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Incomplete disclosure – unsuccessful motion of stay.
Replies: 13
Views: 4494

Re: Incomplete disclosure – unsuccessful motion of stay.

That's not uncommon to give one week to decide about something in June. They might be trying to plan out the court schedule or the officer's schedules or something like that.
by Simon Borys
Tue Mar 29, 2011 10:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Incomplete disclosure – unsuccessful motion of stay.
Replies: 13
Views: 4494

Re: Incomplete disclosure – unsuccessful motion of stay.

The point of making a deal before the trail date is that it saves time - it's just not practical for everyone to have their resolution meeting in the 30 minutes before court starts. Why do you want to make a resolution early? Because it saves the prosecutor from having to have the officer there, ergo, better deal for you because you wasted less ...
by Simon Borys
Tue Mar 29, 2011 5:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Incomplete disclosure – unsuccessful motion of stay.
Replies: 13
Views: 4494

Re: Incomplete disclosure – unsuccessful motion of stay.

Once you reach your deal you will still need to attend court to plead guilty to the amended offence of 15 over. Once that's done you will be sent notice in the mail and can pay using the information on that notice, or you can pay at the courthouse right after court.
by Simon Borys
Tue Mar 29, 2011 5:27 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136km in 100km zone, 401 W, Cornwall, Aircraft Enforcement
Replies: 4
Views: 5373

Re: 136km in 100km zone, 401 W, Cornwall, Aircraft Enforceme

First of all, no one can "get the points reduced". They are automatically assessed based on whatever speed you are convicted of or plea to. The way people end up with reduced points for speeding offences is that they plea to a lower speed (and then get the points associated with that speed). You can arrange that deal or you can have an agent do it ...
by Simon Borys
Tue Mar 29, 2011 12:27 pm
Forum: Failing to obey signs
Topic: Time on ticket falls outside of time range of the sign.
Replies: 1
Views: 1492

Re: Time on ticket falls outside of time range of the sign.

Sounds like a good defence. You could request a resolution meeting with the crown and bring it up.
by Simon Borys
Tue Mar 29, 2011 9:57 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 32299

Re: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hi

I don't think that's reasonable. You have to come prepared for either eventuality.
by Simon Borys
Mon Mar 28, 2011 10:32 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light - Fail to stop
Replies: 9
Views: 3220

Re: Red light - Fail to stop

Usually people meet with the crown in the morning to sort things out. Reason being that pleas go first and then trials. They're not going to like it if you wait until all the pleas are done and then go up to them right before your trial starts and want to talk plea bargain. It depends on the prosecutor, but deals are often take it or leave it. You ...
by Simon Borys
Mon Mar 28, 2011 10:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - 120km/h in a posted 100km/h zone - no radar...
Replies: 12
Views: 6838

Re: Speeding - 120km/h in a posted 100km/h zone - no radar..

Depends on the JP, it's not out of the question to get another adjournment.
by Simon Borys
Mon Mar 28, 2011 10:26 pm
Forum: General Talk
Topic: Missing Date on Offence Notice
Replies: 1
Views: 1561

Re: Missing Date on Offence Notice

You can chose to not respond at all. If you do that, the JP will be required to review your ticket when it comes up to see if it is "complete and regular on its face". If it is not, it should be quashed. However, this relies on the JP to catch the error. If they don't then a conviction is entered and you'll have to appeal. The other alternative is ...
by Simon Borys
Mon Mar 28, 2011 10:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong address on the offence ticket
Replies: 4
Views: 3902

Re: Wrong address on the offence ticket

1) Wrong address is not a fatal error. 2) It's never too late to request disclosure. 3) I don't know what your question about the check box means? What are you asking exactly?
by Simon Borys
Sat Mar 26, 2011 5:24 pm
Forum: Driving While Suspended
Topic: caught speeding while licence suspended due to unpaid fine
Replies: 8
Views: 4924

Re: caught speeding while licence suspended due to unpaid fi

To Stanton's reply I would add that you can argue that you never received the notice of suspension, but it is not required that you received it in order to be charged and convicted (s. 52 of the Highway Traffic Act).

Convictions for suspend drive are really bad for insurance so you may want to consider hiring someone to assist you. If you live in ...