Search found 2111 matches

by Stanton
Thu May 17, 2012 1:18 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: 4297

Re: Failing to Stop

Again, it's an exemption, not a separate charge.

Here's a recent decision in regards to 144(18) where they cite 144(19). You'll note the driver was charged under 144(18) for making a right on a red and found guilty.
http://canlii.ca/en/on/oncj/doc/2011/2011oncj215/2011oncj215.html

You can try and research additional case law that supports your ...
by Stanton
Thu May 17, 2012 10:58 am
Forum: Stunt Driving
Topic: Stunt driving 150 in a 100.. unmarked tailgated me. help
Replies: 17
Views: 12647

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

I think youd be best consulting with a paralegal. They could review the case for possible defences or more likely work out a plea deal.

I personally dont think your reasoning is a valid defence. If someone is riding on your bumper speeding up is the last thing you want to do. If youre concerned about your safety youd either want to gradually slow ...
by Stanton
Thu May 17, 2012 10:52 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: 4297

Re: Failing to Stop

No, it's definitely the correct section. As you said, you were charged for failing to stop for a red light which is subsection 18. It doesn't matter if you're going left, right or straight through, it all falls under the same subsection if you don't stop. Subsection 19 is an exemption (basically saying you won't be charged) for right turns, but ...
by Stanton
Thu May 17, 2012 8:58 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: 4297

Re: Failing to Stop

If the officer believes you failed to stop, section 144(18) is correct. While subsection 19 allows you to make a right turn after stopping on a red, the actual offence of failing to stop falls under subsection 18. The only time I can think of when you'd be charged under subsection 19 is if you made a proper stop, but proceeded without yielding to ...
by Stanton
Tue May 15, 2012 4:09 pm
Forum: Careless Driving
Topic: Almost hit a pedestrian
Replies: 5
Views: 4201

Re: Almost hit a pedestrian

if you didn't hit anyone? why were you given the careless driving charge

A collision isn't required to lay the charge. If the officer observed the combination of no lights, no seatbelt and unsafe turn, I think the argument could be made the OP was driving without due care and attention.

The lack of collision will probably help in getting a plea ...
by Stanton
Tue May 15, 2012 4:04 pm
Forum: General Talk
Topic: Speeding ticket possible plea bargains
Replies: 2
Views: 2450

Re: Speeding ticket possible plea bargains

No, plea deals are almost always to a similar, related offence. I've never heard of them being dropped to a parking offence.
by Stanton
Mon May 14, 2012 1:39 pm
Forum: Careless Driving
Topic: Conversion Statute
Replies: 6
Views: 5728

Re: Conversion Statute

You'll want to talk with the Crown prior to the start of your trial, see if they're willing to offer you a plea deal to a less serious charge.

One that comes to mind is "Leave roadway - Not in Safety", 142(1) HTA. Only carries 2 demerit points and would have a much less serious impact on your insurance rates.
by Stanton
Mon May 14, 2012 1:35 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: 3918

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

1) I don't believe the Courts would accept your leg injury as a valid reason. The onus would be on your wife to drive more slowly if abrupt stops cause you pain.
2) If you can convince the Courts you didn't have sufficient time/distance to stop at the stop line, that would be a good defence..
3) I don't think it's an issue to represent her and take ...
by Stanton
Mon May 14, 2012 1:28 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: "110" in 60.. dropped to 90 in 60
Replies: 2
Views: 2980

Re: "110" in 60.. dropped to 90 in 60

They wouldn't amend the charge until the actual start of trial. You have nothing to lose by filing your notice of intent and requesting disclosure. You don't actually have to proceed with the trial, you can plead guilty at the last minute.
by Stanton
Mon May 14, 2012 1:24 pm
Forum: Careless Driving
Topic: Conversion Statute
Replies: 6
Views: 5728

Re: Conversion Statute

No, errors on the notice to trial aren't relevant, only the ticket itself.
by Stanton
Mon May 14, 2012 12:04 pm
Forum: General Talk
Topic: POLICIE stickers on my old VW Jetta
Replies: 6
Views: 2304

Re: POLICIE stickers on my old VW Jetta

The actual offence would fall under the Criminal Code.

Personating peace officer

130. (1) Everyone commits an offence who
(a) falsely represents himself to be a peace officer or a public officer; or
(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to ...
by Stanton
Sat May 12, 2012 4:50 pm
Forum: General Talk
Topic: Car accident, trying to obtain the police report
Replies: 10
Views: 20949

Re: Car accident, trying to obtain the police report

You can obtain a copy of the accident report through the police service. There's typically a fee for this however, which is why it's best to get it through your insurance provider if possible.
by Stanton
Fri May 11, 2012 10:16 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 124km/h in a 90 (Gardiner Expressway)
Replies: 8
Views: 4294

Re: 124km/h in a 90 (Gardiner Expressway)

The notes are surprisingly clear compared to most that need to be deciphered.

- Followed from Bloor Street on-ramp to southbound Don Valley Parkway.
- Gets on westbound ???
- In lane 2, speeds up to 124 km/hr
- Locked front antenna (meaning your speed was obtained with radar)
- At time of reading, officer's speed was 110 km/hr, at a distance of ...
by Stanton
Tue May 08, 2012 5:47 pm
Forum: General Talk
Topic: Stop Signs on Private Property
Replies: 2
Views: 6128

Re: Stop Signs on Private Property

It's covered by section 139 of the HTA, which as Reflections said only requires you to yield. The only exception is traffic lights, which are legally enforcable even from private roadways.
by Stanton
Mon May 07, 2012 10:45 am
Forum: General Talk
Topic: Trial supended by judge - what does it mean?
Replies: 5
Views: 2100

Re: Trial supended by judge - what does it mean?

I'm thinking you were given a suspended sentence. You were found guilty, but there is no fine.