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 ...
Search found 2111 matches
- 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
- 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 ...
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 ...
- 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 ...
- 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 ...
- 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 ...
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 ...
- 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.
- 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.
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.
- 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 ...
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 ...
- 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.
- 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.
- 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 ...
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 ...
- 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.
- 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 ...
- 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 ...
- 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.
- 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.