Search found 2111 matches

by Stanton
Mon Jun 11, 2012 8:33 pm
Forum: General Talk
Topic: Where Did the Jokes Go?? Add / Read Funny Jokes Here!
Replies: 71
Views: 48227

Re: Where Did the Jokes Go?? Add / Read Funny Jokes Here!

[youtube]http://www.youtube.com/watch?v=1pgm8I0B8bY[/youtube]

Neat combination of talent and complete lack of talent.
by Stanton
Sat Jun 09, 2012 11:32 am
Forum: Careless Driving
Topic: Crashed Car Into Hydro Pole
Replies: 12
Views: 4279

Re: Crashed Car Into Hydro Pole

Remember, the standard required is not one of absolute proof.

What about reasonable doubt?

That's the standard of proof required for a conviction, beyond a reasonable doubt. But the fact that there isn't a witness does not automatically mean there's reasonable doubt. Think of the many serious criminal trials for offences like murder where there ...
by Stanton
Thu Jun 07, 2012 1:39 pm
Forum: Careless Driving
Topic: Crashed Car Into Hydro Pole
Replies: 12
Views: 4279

Re: Crashed Car Into Hydro Pole

That would be a decision best left to your lawyer. They can review the evidence and determine the strength of the Crown's case.
by Stanton
Wed Jun 06, 2012 7:06 pm
Forum: Careless Driving
Topic: Crashed Car Into Hydro Pole
Replies: 12
Views: 4279

Re: Crashed Car Into Hydro Pole

The Crown will typically offer plea deals right up to the start of trial. Once the trial starts however you're basically either guilty or not guilty.
by Stanton
Wed Jun 06, 2012 5:32 pm
Forum: Careless Driving
Topic: Crashed Car Into Hydro Pole
Replies: 12
Views: 4279

Re: Crashed Car Into Hydro Pole

I'd disagree with that. There needs to be evidence that it was you driving and that you were driving in a careless fashion, but it doesn't require a witness. While a witness can strengthen the case, evidence can still be obtained through physical evidence at the collision scene or through a statement provided by the accused.

Quite likely the ...
by Stanton
Tue Jun 05, 2012 3:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 101 in a 70 Disclosure requested. First appearance June 6th
Replies: 6
Views: 3305

Re: 101 in a 70 Disclosure requested. First appearance June

If you decide to plead guilty to something, try and get a charge that is a non-moving violation which won't affect your insurance. No seatbelt as a passenger, red light camera tickets and expensive parking violations like parking in a fire route, in front of a fire hydrant or no stopping or standing charges do not affect your driving record.

The ...
by Stanton
Tue Jun 05, 2012 3:14 pm
Forum: Failing to stop for a school bus
Topic: Nabbed wrong car for FAILURE TO STOP FOR SCHOOL BUS!!!!!
Replies: 1
Views: 2851

Re: Nabbed wrong car for FAILURE TO STOP FOR SCHOOL BUS!!!!!

1) If there is a statement from an independent party like the bus driver, that should help your friend.
2) Not the usual practice, but not unheard of either.
3) Yes.
4) Again, a statement from an independent third party should help raise reasonable doubt.

It might not hurt for your friend to simply have a first attendance meeting with the Crown ...
by Stanton
Mon Jun 04, 2012 2:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 101 in a 70 Disclosure requested. First appearance June 6th
Replies: 6
Views: 3305

Re: 101 in a 70 Disclosure requested. First appearance June

I dont think its at all unreasonable to request more time to review the operators manual. I cant advise though when it would be most advantageous to make such a request.

In regards to the officers U-turn, it probably was unlawful unless there was signage exempting emergency vehicles. That being said, if the turn was made safely (regardless if ...
by Stanton
Mon Jun 04, 2012 1:58 pm
Forum: General Talk
Topic: Driving while suspended
Replies: 2
Views: 1730

Re: Driving while suspended

I'm not aware of any way to avoid the suspension, I believe it's automatic upon conviction.

Speak with the Crown and see if a plea deal to a lesser offence is possible, one that doesn't carry the automatic suspension.
by Stanton
Mon Jun 04, 2012 1:53 pm
Forum: Careless Driving
Topic: rear end slipped out while making a turn
Replies: 1
Views: 1743

Re: rear end slipped out while making a turn

I'm sure the Crown would be willing to offer you a plea deal to a much less serious charge. I'd request a first attendance meeting, see if you like the offer and go from there.
by Stanton
Sun Jun 03, 2012 6:28 pm
Forum: General Talk
Topic: 3 day license suspension
Replies: 3
Views: 8916

Re: 3 day license suspension

I am under the age of 21 - according to new law i could be looking at a 30 day license suspension and a fine of up to 500.00$ IF CONVICTED.

The police officer didn't say anything about me being convicted or any fines that i would have to pay more then the 150$ license re-in-statement - so does this mean when i go into the MTO that i'm gonna get ...
by Stanton
Sun Jun 03, 2012 4:20 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Buying and selling a vehicle
Replies: 3
Views: 2900

Re: Buying and selling a vehicle

Im assuming youre asking in regards to your no insurance charge. The HTA grants you six days to register the vehicle upon becoming owner, so I would say registration is not required to show ownership.

That being said, in your particular scenario I think youre going to have an uphill battle convincing everyone that you had lawfully purchased the ...
by Stanton
Sun Jun 03, 2012 1:52 pm
Forum: Failing to report a collision to a police officer
Topic: failure to report, not on road in a driveway
Replies: 2
Views: 3983

Re: failure to report, not on road in a driveway

Failure to report doesn't require the accident to occur on a roadway, it can be anywhere, even private property.

Your chances of fighting the tickets are dependent on the strength of the police evidence, something that can't be judged based just on your post. I'd suggest hiring a paralegal to represent you, as both charges are quite serious.
by Stanton
Sun Jun 03, 2012 1:47 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: G2 Drive BAC Above Zero
Replies: 10
Views: 11539

Re: G2 Drive BAC Above Zero

The 30 day suspension is in addition to the roadside suspension. If you're found guilty, your licence is suspended for another 30 days.
by Stanton
Thu May 31, 2012 10:34 am
Forum: Improper right turn
Topic: Improper right turn ticket
Replies: 1
Views: 5922

Re: Improper right turn ticket

The charge is correct as it's illegal to make a turn from the incorrect lane, regardless if traffic wouldn't let you in.

In terms of demerit points/fine, the only way to see about getting it reduced is to request a first attendance meeting with the Crown and see what they offer.
by Stanton
Sun May 27, 2012 9:30 am
Forum: Stunt Driving
Topic: Stunt driving 150 in a 100.. unmarked tailgated me. help
Replies: 17
Views: 13273

Re: Stunt driving 150 in a 100.. unmarked tailgated me. help

What youre talking about isnt an actual exemption under the HTA, but rather one of the few defences available for an absolute liability offence. A defence of duress however places the onus on the defendant to show they reasonably feared for their life and their actions taken were reasonable. So while the defence is available to the OP, you cant ...
by Stanton
Fri May 25, 2012 11:40 pm
Forum: Failing to yield the right-of-way
Topic: Charged with fail to yield from private drive
Replies: 4
Views: 5539

Re: Charged with fail to yield from private drive

I would say being waved in does not satisfy 139.1, simply because the onus is on you to ensure your actions are safe, not other drivers. Any errors on the police report would not result in the charges being dropped, but may help raise some doubt at trial if there is confusion over vehicle positioning. That being said, regardless if you were struck ...
by Stanton
Fri May 25, 2012 11:28 pm
Forum: Careless Driving
Topic: Appealing a Careless Driving conviction
Replies: 4
Views: 3425

Re: Appealing a Careless Driving conviction

To appeal a conviction, you need to show some type of error in law at the original trial. Might be best to consult with a paralegal to see if you have grounds to do so. Even if you do it might be hard since so much time has passed. Typically the longer you wait the harder it is.
by Stanton
Fri May 25, 2012 11:17 pm
Forum: Failing to yield the right-of-way
Topic: What to expect when subpoenaed as witness in court?
Replies: 1
Views: 5451

Re: What to expect when subpoenaed as witness in court?

You'll simply be asked about what happened on the date of the accident. If you wrote a statement, you'll be given an opportunity to read it before the trial to refresh your memory. The Crown will then ask questions about what happened and basically walk you through what happened. Defence will then have an opportunity to cross examine you and ask ...
by Stanton
Fri May 25, 2012 11:07 pm
Forum: Careless Driving
Topic: Careless Driving, Fail to Remain...will I be charged???
Replies: 1
Views: 2099

Re: Careless Driving, Fail to Remain...will I be charged???

1) No. You can still be charged.
2) No. They'd obtain a copy of the accident report and bill your insurance company.
3) Very unlikely.
4) I don't see how it benefits you since they already have your information on the accident report. If anything being a jerk to the investigating officer would probably make it more likely he'll try and charge you ...
by Stanton
Fri May 25, 2012 10:53 pm
Forum: General Talk
Topic: Taking a reduced speeding ticket to court...options?
Replies: 6
Views: 4019

Re: Taking a reduced speeding ticket to court...options?

I don't think anyone here would recommend the tactic of having a friend lie to the Court and say you couldn't make it. First off, there's no guarantee the Court will adjourn the matter. More importantly though, you're friend could get in serious legal trouble if he's caught lying to the Court.
by Stanton
Thu May 24, 2012 11:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 81 in a 50 zone in Guelph
Replies: 1
Views: 1894

Re: 81 in a 50 zone in Guelph

I'd say it's almost guaranteed the Crown will drop it to 29 over or less (3 points) in exchange for a plea deal.
by Stanton
Thu May 24, 2012 4:39 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance 14day rule
Replies: 4
Views: 4996

Re: No Insurance 14day rule

The Financial Services Commission of Ontario has a copy of the latest Ontario Automobile Policy (OAP1) on their site.

Link: http://www.fsco.gov.on.ca/en/auto/forms/Documents/OAP-1-Application-and-Endorsement-Forms/1215E.pdf

Have a look at section 2.2 which states you're insured on any new auto as long as you notify your provider within 14 days ...
by Stanton
Wed May 23, 2012 8:39 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 61km/h on 40km/h zone right beside my house
Replies: 4
Views: 2207

Re: 61km/h on 40km/h zone right beside my house

Checking on your dad would not be justification for speeding in Court.

Pretty much any conviction, regardless of points, can impact your insurance. You'd have to check with your provider to be sure as it varies.
by Stanton
Tue May 22, 2012 1:53 pm
Forum: Careless Driving
Topic: Dangerous Driving - Wrong address on ticket
Replies: 4
Views: 2740

Re: Dangerous Driving - Wrong address on ticket

Just to confirm, was she charged with careless or dangerous? Dangerous driving is a criminal offence, typically more serious then careless.
by Stanton
Sun May 20, 2012 4:57 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failing to Stop
Replies: 12
Views: 4452

Re: Failing to Stop

It says subject to section 14, meaning 19 grants the exemption unless 14 is in effect.
by Stanton
Fri May 18, 2012 9:56 am
Forum: Failing to yield the right-of-way
Topic: Failing to Yield from a driveway
Replies: 2
Views: 3192

Re: Failing to Yield from a driveway

I obviously don't know your mom's friend, but I've certainly seen lots of accidents where older people have minor fender benders and aren't aware of the fact. Are you sure the other vehilce was in motion? She might have simply struck it while it was parked.
by Stanton
Fri May 18, 2012 9:54 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failing to Stop
Replies: 12
Views: 4452

Re: Failing to Stop

Yes, the fine should read $260/$325. Your best bet may be to hope a JP notices the error and quashes the ticket. There are some threads that will walk you through the process if they don't.
by Stanton
Thu May 17, 2012 8:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Amber Light - Fail to stop @ How do I fight this one?
Replies: 5
Views: 4036

Re: Amber Light - Fail to stop @ How do I fight this one?

Also you said your wife doesn't speak English well, so notify the Court that you'll require a translator for the trial.
by Stanton
Thu May 17, 2012 1:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Amber Light - Fail to stop @ How do I fight this one?
Replies: 5
Views: 4036

Re: Amber Light - Fail to stop @ How do I fight this one?

It would be up to you and your wife to articulate that. You'd have to talk about your speed, road conditions and distance from the stop line.