Search found 1065 matches

by Simon Borys
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: 10078

Re: Picked UP disclosure for trial..Improper ?

You don't just ask for a stay, you have to prepare and file a motion.
by Simon Borys
Fri Jan 07, 2011 1:23 am
Forum: General Talk
Topic: BAC above Zero
Replies: 15
Views: 6840

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 ...
by Simon Borys
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: 2747

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.
by Simon Borys
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: 2747

Re: First Ticket - 86 in a 60 - Questions

Talk to them before the trail.
by Simon Borys
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: 10078

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 ...
by Simon Borys
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: 4203

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 ...
by Simon Borys
Thu Jan 06, 2011 1:39 pm
Forum: General Talk
Topic: BAC above Zero
Replies: 15
Views: 6840

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.
by Simon Borys
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: 10078

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 ...
by Simon Borys
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: 9897

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 ...
by Simon Borys
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: 6170

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.
by Simon Borys
Wed Jan 05, 2011 11:52 am
Forum: Careless Driving
Topic: Charged for Careless Driving.. (REALLY?)
Replies: 4
Views: 4898

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.
by Simon Borys
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: 2773

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.
by Simon Borys
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: 9897

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.
by Simon Borys
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: 6170

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.