Search found 2111 matches

by Stanton
Mon May 07, 2012 10:32 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 131 km/h in 100 km/h on QEW
Replies: 6
Views: 4256

Re: 131 km/h in 100 km/h on QEW

That particular option 2 is something new that's being offered in certain jurisdictions. My understanding is that you can still plead not guilty, but you simply have the option to meet with the Crown first. You'll most certainly get a plea deal offer to a reduced speed, so if that's what you want I'd suggest booking the first attendance meeting.
by Stanton
Sun May 06, 2012 9:00 pm
Forum: Driving While Suspended
Topic: Albeta licence seized - Charged with DWUS
Replies: 3
Views: 3438

Re: Albeta licence seized - Charged with DWUS

Unfortunately it has nothing to do with the validity of your Alberta licence. The suspended Ontario licence trumps any out of Province licence. It may help strengthen a defence argument of you being unaware of the suspension, but I'm not sure how far that will get you in Court.

If you have the time, I'd certainly try a first attendance meeting ...
by Stanton
Sat May 05, 2012 7:13 pm
Forum: Driving While Suspended
Topic: Albeta licence seized - Charged with DWUS
Replies: 3
Views: 3438

Re: Albeta licence seized - Charged with DWUS

If you're convicted of an offence in Ontario, an Ontario driver's licence number is generated. Basically even if your out of Province licence is valid, you'd still be suspended in Ontario until your fines are paid. This allows Ontario a means of ensuring there is incentive for out of Province drivers to pay fines if they ever plan on returning ...
by Stanton
Sat May 05, 2012 7:07 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 52 over in Quebec as a Ontario G2
Replies: 1
Views: 3312

Re: 52 over in Quebec as a Ontario G2

The 7 day suspension won't apply, as you weren't charged in Ontario. The speeding charge itself however will result in Ontario applying demerit points (6 points for 50+ over in Ontario). As a G2 driver any 4+ point offence results in a 30 day suspension upon conviction. Therefore I believe if you're found guilty, even in Quebec, your Ontario ...
by Stanton
Fri May 04, 2012 6:33 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 51 over, speed measured via aircraft
Replies: 15
Views: 9001

Re: 51 over, speed measured via aircraft

It's some creative thinking, but I don't think the OPP's use of the aircraft would qualify as commercial air service. The OPP aren't ferrying passengers or requesting compensation for their services. :)
by Stanton
Fri May 04, 2012 5:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 131 km/h in 100 km/h on QEW
Replies: 6
Views: 4256

Re: 131 km/h in 100 km/h on QEW

They may have obtained your speed prior to you noticing them and looking at your speedo. In terms of radar accuracy, the device itself is still 100% accurate at night, but it does offer a possible defence of arguing it's harder to identify vehicles in the dark. And as IFly said, you have to determine what device they were using. Were the officers ...
by Stanton
Fri May 04, 2012 5:50 pm
Forum: General Talk
Topic: Driving Under Suspension
Replies: 2
Views: 1623

Re: Driving Under Suspension

I think it would be pretty hard to argue he wasnt aware of the suspension if he failed to pay his fines. Might be worth consulting with legal representation if the Crown isnt willing to offer a deal. As for the past tickets, they can be reopened, but only with good reason. Again, simply forgetting about them probably wont be considered sufficient ...
by Stanton
Fri May 04, 2012 5:45 pm
Forum: General Talk
Topic: failure to surrender license section33(1)
Replies: 1
Views: 3865

Re: failure to surrender license section33(1)

No, you're still required to provide your driver's licence even if you identify yourself by another means. Technically if you refused to surrender your licence AND identify yourself, you could be charged under both sections. All that section 33(3) basically says is that even if you don't have your licence with you, you still have to identify ...
by Stanton
Fri May 04, 2012 5:44 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 112 in an 80 km/h zone - 2nd ticket in a year
Replies: 3
Views: 2209

Re: 112 in an 80 km/h zone - 2nd ticket in a year

1) Yes, points are assigned based on what you're convicted for, not what the original ticket says.
2) Really your decision. Depends how much time/effort it's worth to you and also on the Crown's evidence.
3) A couple minor offences will typically raise your rates, but less dramatically then a major conviction. Really depends on your provider/policy ...
by Stanton
Fri May 04, 2012 5:37 pm
Forum: Failing to yield the right-of-way
Topic: Unsafe Lane Change HTA 154(1)a
Replies: 1
Views: 7188

Re: Unsafe Lane Change HTA 154(1)a

The Justice of the Peace cannot lower the charge or get rid of demerit points. All they can do is offer a reduced fine if there is justification. Any type of plea deal must be arranged with the Crown attorney. They can sometimes offer you a plea to a less serious charge, but I cant think of any that would apply in your situation. Demerit points are ...
by Stanton
Fri May 04, 2012 5:31 pm
Forum: Driving While Suspended
Topic: MTO says lic is fine LEO says I "may" be suspended
Replies: 1
Views: 1612

Re: MTO says lic is fine LEO says I "may" be suspended

Id suggest contacting the officer and seeing if he can provide you with the second DL number. Im not sure why hed be able to locate it but the MTO cant. Easiest way to see if a second DL was generated at the time of your accident is to see if the conviction shows on your abstract.
by Stanton
Wed May 02, 2012 6:59 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at stop sign HTA 136 while officer was busy
Replies: 1
Views: 2574

Re: Fail to stop at stop sign HTA 136 while officer was busy

The officer may simply go by the date/time on the ticket itself. As for your defence, you'll have to simply try to clearly articulate to the Court what you said here. You observed the officer, who you believed to be preoccupied and made sure that it was a full stop.
by Stanton
Tue May 01, 2012 11:15 pm
Forum: General Talk
Topic: So, Traffic Officers DO have quotas for tickets?
Replies: 5
Views: 3048

Re: So, Traffic Officers DO have quotas for tickets?

I think now more than ever its very easy to monitor police productivity with computer aided dispatch systems and GPS tracking. You can probably get a very good idea of what officers are doing with their time. Unfortunately I think ticket numbers still rule the day even though traffic safety can be achieved without always charging.

Here's an ...
by Stanton
Tue May 01, 2012 8:08 pm
Forum: General Talk
Topic: So, Traffic Officers DO have quotas for tickets?
Replies: 5
Views: 3048

Re: So, Traffic Officers DO have quotas for tickets?

It's not entrapment, since that's when police induce you to commit a crime.

Simon wrote a good post on his blog about quotas. There has always been an expectation that police need to account for their time. If an officer is busy with calls for service, court, etc., they might not write any tickets during their shift. If on the other hand they ...
by Stanton
Mon Apr 30, 2012 7:28 am
Forum: General Talk
Topic: Name Misspelled on Ticket
Replies: 5
Views: 2227

Re: Name Misspelled on Ticket

Personal opinion, but I really don't think the charge is applicable for a plate that's faded. Not sure how the Courts interpret the section, but it basically says the plates need to be kept clean and have nothing blocking them. If a plate has simply faded, you haven't really obstructed it.

Not sure how you'd be best to proceed. I personally think ...