Ontario Highway Traffic Act

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 ...

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 ...

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.

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 ...

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 ...

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.

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.

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 ...

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.

Just to confirm, was she charged with careless or dangerous? Dangerous driving is a criminal offence, typically more serious then careless.

It says subject to section 14, meaning 19 grants the exemption unless 14 is in effect.

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.

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.

Also you said your wife doesn't speak English well, so notify the Court that you'll require a translator for the trial.

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.