Search found 1065 matches
- Wed Jan 19, 2011 11:48 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding excuses
- Replies: 13
- Views: 4311
Re: Speeding excuses
Speeding (under 50 km/hr over the limit) is an absolute liability offence and therefore you will not be allowed to enter a defence at a trial. Necessity is the only exception. If you were asking what kind of excuse might entice an officer to use his discretion to not charge you at the roadside, I'd also suggest that honesty would go a long way.
- Wed Jan 19, 2011 11:44 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobey stop sign. Fail to stop. - ROAD WAS SLIPPERY! HELP!
- Replies: 3
- Views: 2642
Re: Disobey stop sign. Fail to stop. - ROAD WAS SLIPPERY! HE
Fail to stop is a strict liability offence, which means that you can use a defence of due dilligence. If successful, it would result in a finding of not guilty.
- Wed Jan 19, 2011 11:43 pm
- Forum: Failing to report a collision to a police officer
- Topic: Failure to Report Accident in Underground Parking Lot
- Replies: 1
- Views: 5102
Re: Failure to Report Accident in Underground Parking Lot
Obviously you can't report an accident you weren't aware of, and that there is your defence. Whether it's believed or not will depend on the fact of the case and how they come out at trial. The rest of you question about liability and payment has to do with your particular insurance policy and you'll have to sort it out with them.
- Sun Jan 16, 2011 8:01 pm
- Forum: General Talk
- Topic: How many demerit points?
- Replies: 1
- Views: 2824
Re: How many demerit points?
2 I believe
- Sun Jan 16, 2011 7:59 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Disclosure details?
- Replies: 2
- Views: 1906
Re: Disclosure details?
If the lack of disclosure is preventing you from making full answer in defence, then it sounds reasonable.
- Wed Jan 12, 2011 7:50 pm
- Forum: General Talk
- Topic: Utility Trailer Plate
- Replies: 5
- Views: 21568
Re: Utility Trailer Plate
Since the trailer is home made, it has no VIN. Therefore, if the ownership can not be found, the owner of the trailer will need to get it registered at the MTO and get a new ownership and plates.
As to the charge, if the crown is insistent on proceeding, you may be able to use a due diligence offence. Also, I can tell you that in my experience (in ...
As to the charge, if the crown is insistent on proceeding, you may be able to use a due diligence offence. Also, I can tell you that in my experience (in ...
- Sat Jan 08, 2011 10:51 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Picked UP disclosure for trial..Improper ?
- Replies: 41
- Views: 10886
Re: Picked UP disclosure for trial..Improper ?
The officer doesn't have to be present for your plea. If he's not there, the crown can and probably will ask for it to be adjourned.
- Sat Jan 08, 2011 12:39 am
- Forum: General Talk
- Topic: BAC above Zero
- Replies: 15
- Views: 8501
Re: BAC above Zero
The machine reads pass, A, or F or shows a BAC #. You can ask for a second sample but if you do, you run the risk of blowing an F. Then the F stands and you're arrested for over 80.
- Sat Jan 08, 2011 12:36 am
- Forum: Improper left turn
- Topic: s. 141 - strict or absolute liability offence?
- Replies: 4
- Views: 3909
Re: s. 141 - strict or absolute liability offence?
What's your question with regards to 141(9) exactly? I'm not sure I understand from your original post.
- Sat Jan 08, 2011 12:34 am
- Forum: Driving While Suspended
- Topic: If I pay the fine, will I get my license B4 the court date?
- Replies: 2
- Views: 2125
Re: If I pay the fine, will I get my license B4 the court da
Answer to your question is yes. You can get your licence back pretty quick if you pay the fines and the reinstatement.
- Sat Jan 08, 2011 12:32 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Cop Bent The Truth, 20 Over (Reduced Ticket)
- Replies: 20
- Views: 5990
Re: How Do I Go About Filing For A Disclosure + questions.
For 1 and 2 there are no minimums or standards.
- Fri Jan 07, 2011 5:03 pm
- Forum: Following too closely
- Topic: Follow Too Close & Fail to stop
- Replies: 8
- Views: 4894
Re: Follow too Close Help please
I would think that given the severity of the charges you'd want to hire a paralegal or lawyer to represent you. What jurisdiction did this happen in?
- Fri Jan 07, 2011 5:01 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Picked UP disclosure for trial..Improper ?
- Replies: 41
- Views: 10886
Re: Picked UP disclosure for trial..Improper ?
Can OP ask JP to quash the case?
Or is a motion also needed for that?
Just asking for it to be quashed is a motion for dismissal. What I was referring to is that they usually want a written submission (factum) prepared on the issue before they grant a motion for dismissal on insufficient disclosure. That's where you get to set out your argument ...
Or is a motion also needed for that?
Just asking for it to be quashed is a motion for dismissal. What I was referring to is that they usually want a written submission (factum) prepared on the issue before they grant a motion for dismissal on insufficient disclosure. That's where you get to set out your argument ...
- Fri Jan 07, 2011 4:57 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Picked UP disclosure for trial..Improper ?
- Replies: 41
- Views: 10886
Re: Picked UP disclosure for trial..Improper ?
That may be true if a motion is filed in advance, but when one is asked for in court and the JP decides to give an adjournment (after telling you that you should have given proper notice) he asks the court reporter what his next trial date is, and it is set for that one or the next one if the reporter says, "you have xx cases on that day and ...
- Fri Jan 07, 2011 4:52 pm
- Forum: General Talk
- Topic: Hitting a tree on our boulevard
- Replies: 3
- Views: 1532
Re: Hitting a tree on our boulevard
I can tell you that both he and the owner are obligated under s. 201 of the HTA to report that collision to the police, given the damage to "highway property", of which I believe a tree qualifies. Failure to do so can be result in either him or the owner of the vehicle being charged.
I don't have an opinion on what you should do.
I don't have an opinion on what you should do.
- Fri Jan 07, 2011 1:24 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Picked UP disclosure for trial..Improper ?
- Replies: 41
- Views: 10886
Re: Picked UP disclosure for trial..Improper ?
You don't just ask for a stay, you have to prepare and file a motion.
- Fri Jan 07, 2011 1:23 am
- Forum: General Talk
- Topic: BAC above Zero
- Replies: 15
- Views: 8501
Re: BAC above Zero
The Insurance Bureau of Canada classified G2 with greater than 0 BAC as a "serious" offence - their highest classification, along with careless, dangerous driving, racing, impaired, etc. However, I think that even in this category there is a range of how serious the offences are. One in this category is manslaughter related to driving and I'm sure ...
- Thu Jan 06, 2011 9:18 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: First Ticket - 86 in a 60 - Questions
- Replies: 13
- Views: 2909
Re: First Ticket - 86 in a 60 - Questions
Just tell them you're exercising the option, that's all the secretary will ask or needs to know. You don't have to say anything about defence until an actual trial, if you have one.
- Thu Jan 06, 2011 8:24 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: First Ticket - 86 in a 60 - Questions
- Replies: 13
- Views: 2909
Re: First Ticket - 86 in a 60 - Questions
Talk to them before the trail.
- Thu Jan 06, 2011 2:39 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Picked UP disclosure for trial..Improper ?
- Replies: 41
- Views: 10886
Re: Picked UP disclosure for trial..Improper ?
It probably doesn't really matter when you ask for it, except that if you delay unnecessarily, it may be counted against you in an 11(b) calculation. My opinion is that it would look better if you showed up to court saying that you've already made a 2nd request for outstanding materials, rather than showing up and saying, "well, they sent me stuff ...
- Thu Jan 06, 2011 1:42 pm
- Forum: General Talk
- Topic: Is officer required to be present if I intend to plead guilt
- Replies: 8
- Views: 4403
Re: Is officer required to be present if I intend to plead g
You can ask if the officer is present, but be aware that if you've pushed it right to a trial and they had the officer show up, they may not be inclined to give you a deal anymore. They're certainly not obliged to just because there was discussion about it earlier. The purpose of a plea deal is, in part, to reward those who take responsibility for ...
- Thu Jan 06, 2011 1:39 pm
- Forum: General Talk
- Topic: BAC above Zero
- Replies: 15
- Views: 8501
Re: BAC above Zero
That's a pretty vague question...what are you asking exactly? There's always a chance things will go your way, and there's a chance they may not. Your lawyer could advise you better than any of us.
Also, I think it's self evident that if you are convicted your insurance will go up. You'd have to ask your insurance company how much.
Also, I think it's self evident that if you are convicted your insurance will go up. You'd have to ask your insurance company how much.
- Thu Jan 06, 2011 1:36 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Picked UP disclosure for trial..Improper ?
- Replies: 41
- Views: 10886
Re: Picked UP disclosure for trial..Improper ?
You're not likely to get a stay just because you didn't get what you asked for the first time. If you are seeking further disclosure, you'll likely get an adjournment.
Also, with regards to your disclosure request, you probably got all of the officer's notes (that is the front and back of the ticket). There are probably not any witness statements ...
Also, with regards to your disclosure request, you probably got all of the officer's notes (that is the front and back of the ticket). There are probably not any witness statements ...
- Thu Jan 06, 2011 1:21 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobey Sign Fail to stop at Pemberton Ave and Kenneth Ave
- Replies: 30
- Views: 12179
Re: Disobey Sign Fail to stop at Pemberton Ave and Kenneth A
Is it possible just simply tell the Crown Prosecutor that I accept the charge but since I have clear record for the past years, it will be very kind of him/her to charge me "disobey official sign" under Metro Toronto by-law 32-92
Yes that's certainly possible. You're not going to find case law on it because all that is entered is a plea, you don ...
Yes that's certainly possible. You're not going to find case law on it because all that is entered is a plea, you don ...
- Wed Jan 05, 2011 12:30 pm
- Forum: Failing to yield the right-of-way
- Topic: Fail to yield from private drive (no collision)
- Replies: 4
- Views: 6379
Re: Fail to yield from private drive (no collision)
What do you mean by "eliminate the points"? As I said, the points can not be eliminated or waived.
Also, a charge of 10km over carries no points.
Also, a charge of 10km over carries no points.
- Wed Jan 05, 2011 11:52 am
- Forum: Careless Driving
- Topic: Charged for Careless Driving.. (REALLY?)
- Replies: 4
- Views: 5045
Re: Charged for Careless Driving.. (REALLY?)
When charged with careless (especially if it's not a severe case), there are almost always alternative charges which you can plea to. It's hard to say which one. Depends largely on what the prosecutor is willing to offer.
- Wed Jan 05, 2011 11:50 am
- Forum: Improper left turn
- Topic: s. 141 - strict or absolute liability offence?
- Replies: 4
- Views: 3909
Re: s. 141 - strict or absolute liability offence?
Strict liability
- Wed Jan 05, 2011 11:48 am
- Forum: Improper driving when road is divided into lanes
- Topic: errors on ticket and offence not listed on this site
- Replies: 2
- Views: 3007
Re: errors on ticket and offence not listed on this site
Fail to drive in marked lane is an offence under s. 154(1)(a).
As to the errors, that's been discusses here before, at length. The answer is...it depends.
As to the errors, that's been discusses here before, at length. The answer is...it depends.
- Wed Jan 05, 2011 11:46 am
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobey Sign Fail to stop at Pemberton Ave and Kenneth Ave
- Replies: 30
- Views: 12179
Re: Disobey Sign Fail to stop at Pemberton Ave and Kenneth A
I can tell you that it is possible to get a charge amended to a by-law. But no one here will be able to tell you if it is probable. Depends on too many factors. Not sure how insurance companies view by-law offences, but it doesn't show as a conviction on your driving history.
- Wed Jan 05, 2011 11:45 am
- Forum: Failing to yield the right-of-way
- Topic: Fail to yield from private drive (no collision)
- Replies: 4
- Views: 6379
Re: Fail to yield from private drive (no collision)
3 points. They are non-negotiable. If convicted of the offence, the MTO will assess the points against your licence. If you don't want the points you can either try to plea to a different (amended) offence that carries no (or fewer) points, or fight the charge and go for an acquittal.