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Does anyone have the name of the case and what court it is out of?

1. My insurance guy said if I get a ticket my insurance will DOUBLE (it is already 210 a month) When I'm fighting these in court what should I do? That's what this whole site is about, the answers are here, but they depend on what your intention is I've herd that it could be droped to an infraction or something like that but when you apply for ...

1. What are the chances of getting this dropped by a JoP based on the incorrect offense?
2. Is HTA 62(19) a significantly higher fine and the cop was "helping me out"?
3. I also blew a .50: a 3-day suspension. I know it's stupid and I'm not here to debate or defend that I was in the wrong, because I know I was. Does this have any bearing on the ...

Well, I'm sure then that your uncle will tell you that following the speed limit does not mean you can not be guilty of careless, nor does wearing your seatbelt. You were ticketed for careless for one of 2 reasons: either the officer felt you were guilty of careless driving or they didn't know what other charge to lay but felt you needed to be ...

paradigm wrote:can he use his speedometer to register a valid speeding ticket for me?

Yes, it's called pacing. Police vehicle speedometers are calibrated so it's accepted in court.

The answers to your questions are all over this forum in other threads.

I would point out though that a speeding ticket for someone applying to policing is not a big deal. Especially if he can say that he just made a mistake and it's not a pattern of behaviour. Police departments don't expect (and don't get) perfect candidates.

The MTO may suspend a licence for novice violations. I do not know if that is what happened here. It may have been a suspension for the 32(9) violation, which they are entitled to do, though 7 months does seem harsh. It also seems possible that the suspension was automatic upon conviction for BAC above 0 conviction and then when that conviction was ...

If you requested disclosure and the crown has had ample time to produce it and doesn't and the trial dates comes, you should be able to request an adjournment. The delay between that date and the next one counts against the crown for an 11(b) motion.

Fail to Apply for Permit on Becoming Owner under s. 11(2) is $85/110

I do not believe there is any minimum time...it just has to be "reasonable". If you feel it is not, then your remedy is to request an adjournment to give you opportunity to review the disclosure.

Read this for more info:

http://simonborys.wordpress.com/2010/08 ... r-3-years/

You should clarify whether this is a warrant in the 1st instance, in which case he has a court date to appear at, or if this is a warrant of committal as punishment for driving suspended. If the latter, there is no court date, you go straight to jail. In either case, I think it would be a good idea to consult a lawyer.

Depends on your jurisdiction. Usually it involves you sending a request by fax or mail to the court house asking for all documents in their possession related to their case against you, or something to that effect.

I'd just like to point out that this isn't really much of a change. Police have always had the authority under s. 217(4) of the HTA to seize and impound a vehicle indefinitely , until a judge orders it released or the proceedings related to it in court are complete, for any offence where an arrest is made in relation to the vehicle. That includes ...

Case of City of London v. Young and one other one that I've mentioned in previous posts with that one (the name escapes me now) deal specifically with the issue of incorrect set and total payable fines. Search some of my previous posts for the names and links to the cases.

I've never seen that situation specifically, but I think it might be. Likely will depend on your JP.

Situation: Controlled intersection (lights), 2 lanes of traffic in all directions, no left turn lanes. I approach the intersection, the light is green. Am I legally allowed to enter the intersection, even if I can't clear it? Obviously, stay in my lane, not to impeded on-coming traffic, but may have to complete my turn on an amber (or even once ...

Studded Tire HTA OREG 625
9. (1) No person shall operate a vehicle equipped with studded tires on a highway unless all of the following conditions are met:
1. The vehicle is operated during the period starting on October 1 and ending on April 30.
2. The permit holder of the vehicle is,
i. a resident of Northern Ontario,
viii. not a resident of ...

Studded tires has is an equipment issue, it has nothing to do with where the vehicle is registered. Once you pass the border into this province, you are under this provinces traffic laws. It's true that you do have time to register a vehicle after you move here, but that's irrelevant to equipment issues. If officer's don't ticket non-compliant ...

Wheels extending over fenders - ILLEGAL
With fender flares - LEGAL (thin about all Dooleys)
Dual exhaust - LEGAL
Aftermarket exhaust - it's not the exhaust that's usually the problem, it's the muffler.
No cat - ILLEGAL. Fine is $390. Section 5, O/Reg 361/68
Studded tires - ILLEGAL

Hope this helps.

In my experience, the question the courts usually ask is, "Does the error negatively affect your ability to make a full defence to the charge?" If the answer is yes, the errors are usually considered fatal.

Every pickup or vehicle with a delivery body is a commercial motor vehicle by definition.

However, for CMV offences to apply, the RGW (registered gross weight, >>LOOK on the ownership <<) has to be OVER 4,500kgs.

Or greater than 4500 kg actual weight transmitted to the ground by all 4 wheels, including any weight incidentally transferred by ...

the person who opens the door is at fault (setion 165 of the Highway Traffic Act) The person liable for damages is the vehicle driver/owner until they can get 100% of the liability transferred to the person who opened the door.

Careful you don't mix up the concepts of "fault" as in potentially guilty of an offence under the HTA and "liability ...

There may be an argument to be made for receiving a ticket in a mall parking lot or similar place. The definition of highway in the HTA is:

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place , bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of ...

Quote: " During a moment of inatentativeness"
Careless driving is defined in the HTA as "driving without due care and attention".

There is plenty of case law that says that a "moment of inattentiveness" does not constitute careless driving. I don't have any citations handy, but for people who are considering this as a defence, it may be worth ...

Seems as though the amount online is incorrect. The correct fine for 20 over (not in a community safety zone, mind you) is $95 total payable. You'll likely have to call the courthouse phone # on the back of the ticket and talk to them about it. Likely what happened is that it was input wrong into their computer.

Remember not to confuse the issues of "fault from the insurance company's perspective" and "fault in terms of liability under a provincial statute".

It is possible with those errors that the ticket would be quashed. Usually errors that negatively affect your ability to make a full defence are fatal.

If the set fine is wrong R. v. Monahan et al., 2009 ONCJ 298 (CanLII)
http://www.canlii.org/en/on/oncj/doc/20 ... cj298.html might apply.

If you seek or are automatically given a resolution meeting date with a prosecutor before the trial you can discuss the possibility of a plea at that time. If you go to trial you can usually do the same in the morning before court starts. But my experience is that you usually lose some bargaining power on the morning of the trial if they've already ...