Search found 1065 matches

by Simon Borys
Thu Mar 10, 2011 6:05 pm
Forum: General Talk
Topic: Missed court date by accident, please help
Replies: 5
Views: 11257

Re: Missed court date by accident, please help

You can file an appeal of the ticket and indicate the reason why you're doing so (i.e. missed the date). I don't know if that will be accepted as a reason to reopen the ticket, but I believe that's how you'd go about doing it. You can ask at the courthouse for the form to appeal.
by Simon Borys
Wed Mar 09, 2011 5:00 pm
Forum: Failing to signal
Topic: UNSAFE LANE CHANGE
Replies: 2
Views: 14122

Re: UNSAFE LANE CHANGE

That's actually a really interesting situation. s. 142(1) yields 2 charges: change lane not in safety and fail to signal. With respect to change lane, all it really says is "The driver...before turning...from one lane for traffic to another lane for traffic...shall first see that the movement can be made in safety". So the offence is made out if ...
by Simon Borys
Tue Mar 08, 2011 7:31 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop on Red
Replies: 5
Views: 2012

Re: Fail to Stop on Red

Also, if you pass the stop line and ENTER the intersection when the light is red, it doesn't matter whether you stopped before exiting the intersection, it's the passing the stop line on the red that constitutes the offence - if that's what happened in your case...I wasn't clear on that from reading your post.
by Simon Borys
Tue Mar 08, 2011 7:29 pm
Forum: Improper passing
Topic: officer notified me that ticket was not filed but i already
Replies: 2
Views: 3916

Re: officer notified me that ticket was not filed but i alre

It's got nothing to do with the officer anymore. You could try calling the court and asking them to confirm that the ticket is not on the system. If it's not, ask them how you go about getting your money back.
by Simon Borys
Tue Mar 08, 2011 7:28 pm
Forum: General Talk
Topic: Speeding ticket: 65 in a 50 zone (15over)
Replies: 5
Views: 2799

Re: Speeding ticket: 65 in a 50 zone (15over)

An old trespassing ticket and insurance card ticket will have no bearing on your current situation.
by Simon Borys
Tue Mar 08, 2011 7:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 22 km over (72 in 50 zone)
Replies: 27
Views: 6593

Re: 22 km over (72 in 50 zone)

I don't think you're hurting your case by accepting disclosure in the morning. It's no more reasonable for the court to expect you to review it before court than it is for them to expect you to do it during a court recess. If the disclosure is only available the day of, you can likely expect to get an adjournment (at the crown's expense) out of it.
by Simon Borys
Sun Mar 06, 2011 9:01 pm
Forum: Failing to obey signs
Topic: need advice on HIGHWAY TRAFFIC section 144(9),
Replies: 2
Views: 3015

Re: need advice on HIGHWAY TRAFFIC section 144(9),

1) Doesn't matter where you were stopped, police officers have the authority to act anywhere in Ontario.
2) If you believe the officer couldn't see you properly, then just tell the JP that and explain why you believe that to be the case.
by Simon Borys
Fri Mar 04, 2011 10:38 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong gender / wrong set fine - 22km over
Replies: 11
Views: 3900

Re: Wrong gender / wrong set fine - 22km over

It's not the JP's decision whether or not there will be a deal. That is between you and the prosecutor. You can schedule a resolution meeting with them before the next set date (if there's time) or meet with them the morning of to discuss a plea, if that's what you'd like to do.
by Simon Borys
Fri Mar 04, 2011 7:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong gender / wrong set fine - 22km over
Replies: 11
Views: 3900

Re: Wrong gender / wrong set fine

That's the correct set fine for 22 over on a ticket (out of court settlement). The other table is what the fine would be if assessed by a JP on a finding of guilty in court.
by Simon Borys
Fri Mar 04, 2011 5:58 pm
Forum: Careless Driving
Topic: Careless Driving Advice--First Ticket
Replies: 3
Views: 3210

Re: Careless Driving Advice--First Ticket

Stanton wrote:a radar reading isn't necessary. The officer can still give evidence in regards to your speed compared to other cars and traffic and how you were driving.
Just so people don't get confused, this is the case for careless, not for speeding offences - those need an actual speed measurement.
by Simon Borys
Fri Mar 04, 2011 5:55 pm
Forum: Compulsory Automobile Insurance Act
Topic: dealer plates and insurance
Replies: 3
Views: 10117

Re: dealer plates and insurance

I agree with Stanton. Dealer or personal insurance covers the vehicle, whether plated or unplated, on the road or off the road, etc. Also, as he said, only the owner can be charged with operating a vehicle without insurance. Further, the section for that is 2(1)(a), not 2(1)(1) (there is no such section), so I'm not sure what's going on there. I'd ...
by Simon Borys
Thu Mar 03, 2011 9:59 pm
Forum: Prohibited turns
Topic: Ticket under HTA 142(1) Turn not in safety - why? how? help!
Replies: 4
Views: 15786

Re: Ticket under HTA 142(1) Turn not in safety - why? how? h

You will probably get all relevant information.
by Simon Borys
Thu Mar 03, 2011 9:58 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong gender / wrong set fine - 22km over
Replies: 11
Views: 3900

Re: Wrong gender / wrong set fine

Romes wrote:What are my chances?
Chances of what? An acquittal? You haven't provided any info to judge that on.

Also, what was the fine you got for 22 over?
by Simon Borys
Thu Mar 03, 2011 5:07 pm
Forum: Courts and Procedure
Topic: Didn't get disclosure -> Trial adjournment?
Replies: 6
Views: 10504

Re: Didn't get disclosure -> Trial adjournment?

You can request an adjournment as soon as the proceeding commences. When you get called up the JP will ask what's going on with the case (i.e. is it proceeding, being withdraw, adjourned, etc) and you can just say that your requesting an adjournment in order to give the crown time to provide disclosure. It is probably a good idea to speak with the ...
by Simon Borys
Thu Mar 03, 2011 5:04 pm
Forum: Prohibited turns
Topic: Ticket under HTA 142(1) Turn not in safety - why? how? help!
Replies: 4
Views: 15786

Re: Ticket under HTA 142(1) Turn not in safety - why? how? h

To prove this charge the officer needs to be able to establish that your turn was unsafe. Without evidence of a collision this is more difficult, but not impossible, to do. If you get disclosure you will be able to see how the officer articulated the basis for the charge in his notes. Then you, or your legal representative if you chose to retain ...