Search found 2111 matches
- Mon Apr 30, 2012 7:20 am
- Forum: General Talk
- Topic: Got ticket for failing to surrender permit for motor vehicle
- Replies: 1
- Views: 3902
Re: Got ticket for failing to surrender permit for motor veh
The Crown may offer a plea deal to a reduced fine, but they will likely be aware of the possible other charges and reduction you were already granted. Community service work isn't something that would be an option for this type of offence.
- Mon Apr 30, 2012 7:17 am
- Forum: Careless Driving
- Topic: Careless driving- reversed into school bus
- Replies: 2
- Views: 1717
Re: Careless driving- reversed into school bus
I would say the error in regards to the bus speed is pretty minor. It wouldn't cause the ticket to be thrown out if that's what you're thinking.
A possible lesser charge would be fail to yield from private drive, HTA 139(1).
A possible lesser charge would be fail to yield from private drive, HTA 139(1).
- Sat Apr 28, 2012 3:33 pm
- Forum: Failing to obey signs
- Topic: HTA 144(9) King & Atlantic
- Replies: 9
- Views: 3891
Re: HTA 144(9) King & Atlantic
Ah, you didn't mention that the act was missing as well. Lack of section AND act would help your case.
- Sat Apr 28, 2012 12:13 pm
- Forum: Failing to obey signs
- Topic: HTA 144(9) King & Atlantic
- Replies: 9
- Views: 3891
Re: HTA 144(9) King & Atlantic
Sorry, my response is a little late I guess, but Id disagree that you have fatal error. I was under the impression that Courts were okay with the section number being missing as long as the offence itself is clearly spelled out. The case you reference (R v Hargan) states this. Your ticket appears to have the correct short form wording for the ...
- Sat Apr 28, 2012 10:50 am
- Forum: Driving While Suspended
- Topic: DRIVING UNDER SUSPENSION-1st offence
- Replies: 5
- Views: 2917
Re: DRIVING UNDER SUSPENSION-1st offence
If your son had already paid off his fines at the time of the stop, he should no longer be suspended. Until he pays the reinstatement fee, he would still be unlicensed, but thats much less serious than being suspended. He either didnt pay off all of his fines or the MTO didnt receive notice of the payment for some reason.
Id suggest your son ...
Id suggest your son ...
- Thu Apr 26, 2012 5:42 pm
- Forum: Failing to obey signs
- Topic: fail to surrender permit for motor vehicule
- Replies: 1
- Views: 2769
Re: fail to surrender permit for motor vehicule
Without more details its very difficult to provide any specific help. Normally the best course of action is to request disclosure and see what the evidence against your wife is. With two charges, its quite likely if you meet with the Crown theyll drop one in exchange for a guilty plea on the other. Just read through the forums and youll get some ...
- Thu Apr 26, 2012 9:58 am
- Forum: General Talk
- Topic: incorrect plate number on my notice of trial
- Replies: 1
- Views: 2215
Re: incorrect plate number on my notice of trial
Not unless the error is on the actual ticket as well. A notice to trial is just filled out by some clerk at the Courthouse. Any errors on the notice are irrelevant in terms of Court proceedings.rbee wrote:do i have a case here to have the charges dropped since they erred on the licence plate?
- Wed Apr 25, 2012 11:31 pm
- Forum: Traffic Offences Outside Ontario
- Topic: Failing to stop while leaving a campus parking lot
- Replies: 4
- Views: 2638
Re: Failing to stop while leaving a campus parking lot
Youd really have to check New York State laws to be certain. While the rules of the road are quite similar across North America, how and where they can be applied vary greatly from one jurisdiction to the next. I know that some States apply traffic laws to anywhere the public may frequent, including private property. I'm not sure if New York is the ...
- Wed Apr 25, 2012 7:53 pm
- Forum: Traffic Offences Outside Ontario
- Topic: Failing to stop while leaving a campus parking lot
- Replies: 4
- Views: 2638
Re: Failing to stop while leaving a campus parking lot
Typically the Highway Traffic Act does not apply on private property. Were you actually charged under the Highway Traffic Act or with some bylaw?
- Wed Apr 25, 2012 7:42 pm
- Forum: Driver failing to wear a seat belt
- Topic: Seat Belt Infraction
- Replies: 15
- Views: 11401
Re: Seat Belt Infraction
Would the fact that she only wanted my driver's license, and not my Taxi Cab license, be enough to toss it out?
No. The fact that you were exempt from wearing a seatbelt at the time is.
I'd be requesting a first attendance meeting with the Prosecutor if they're offered in your jurisdiction. The Crown should recognize there is no prospect of ...
No. The fact that you were exempt from wearing a seatbelt at the time is.
I'd be requesting a first attendance meeting with the Prosecutor if they're offered in your jurisdiction. The Crown should recognize there is no prospect of ...
- Tue Apr 24, 2012 3:21 pm
- Forum: General Talk
- Topic: 73 (2). Colour coating obstructing view prohibited
- Replies: 2
- Views: 6666
Re: 73 (2). Colour coating obstructing view prohibited
The Toronto Star Wheels section has an article on your very charge today:
http://www.wheels.ca/Columns/article/806857
Good little read with the opinion of a paralegal on how to fight it.
http://www.wheels.ca/Columns/article/806857
Good little read with the opinion of a paralegal on how to fight it.
- Tue Apr 24, 2012 11:31 am
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Failure to Stop Plea - Worth my time?
- Replies: 3
- Views: 2534
Re: Failure to Stop Plea - Worth my time?
As per section 210 of the Highway Traffic Act, demerit points only apply to motor vehicles. If you were on your bicycle, you won't receive any points and the conviction won't show on your driving abstract. It should not impact your insurance rates.
- Sun Apr 22, 2012 10:24 pm
- Forum: Driving While Suspended
- Topic: Form 4 after March 31, 2012
- Replies: 3
- Views: 1736
Re: Form 4 after March 31, 2012
Yes, it would appear that the older form 4 tickets are no longer valid if issued after March 31, 2012.
Tickets are covered by Regulation 108/11 of the Provincial Offences Act. Section 1(4) provides a six month exemption for many older tickets, but form 4 is not on that list.
Link: http://www.canlii.org/en/on/laws/regu/o-reg-108-11/latest/o-reg ...
Tickets are covered by Regulation 108/11 of the Provincial Offences Act. Section 1(4) provides a six month exemption for many older tickets, but form 4 is not on that list.
Link: http://www.canlii.org/en/on/laws/regu/o-reg-108-11/latest/o-reg ...
- Sun Apr 22, 2012 1:08 pm
- Forum: Improper left turn
- Topic: Turn not in safety - Collision - Please help!
- Replies: 3
- Views: 3710
Re: Turn not in safety - Collision - Please help!
I don't see any way in which the positioning of the vehicles would make any difference. The accident was still caused by another vehicle overtaking you while you turned into a private driveway.
- Sun Apr 22, 2012 1:03 pm
- Forum: Driver failing to wear a seat belt
- Topic: Seat Belt Infraction
- Replies: 15
- Views: 11401
Re: Seat Belt Infraction
Decatur posted the exemption above. It's covered under Regulation 613 of the Highway Traffic Act (regulations are like subsections of the HTA that cover specific topics).
Link: http://www.canlii.org/en/on/laws/regu/r ... g-613.html
It's section 7, subsection 3.
Link: http://www.canlii.org/en/on/laws/regu/r ... g-613.html
It's section 7, subsection 3.
- Sun Apr 22, 2012 8:30 am
- Forum: Improper left turn
- Topic: Turn not in safety - Collision - Please help!
- Replies: 3
- Views: 3710
Re: Turn not in safety - Collision - Please help!
Unlike some other Provinces and States, its NOT illegal in Ontario to pass on a solid yellow line. The centre lines on roadways are considered more for reference and are not legally enforceable. There are some laws that limit where you can pass (i.e. no passing within 30 meters of a bridge, tunnel or railway crossing), but its otherwise lawful ...
- Sat Apr 21, 2012 7:39 am
- Forum: Driving While Suspended
- Topic: driving with suspended liscense 3rd time
- Replies: 8
- Views: 7368
Re: driving with suspended liscense 3rd time
so if they issue the committal warrant , does the police come to your home to get you or if you are stopped again
they take you ??
Either is possible. Once a warrant has been issued police can arrest you at any time.
I'd strongly suggest attending Court, talking with the Crown and requesting leniency from the JP during sentencing. You may be ...
they take you ??
Either is possible. Once a warrant has been issued police can arrest you at any time.
I'd strongly suggest attending Court, talking with the Crown and requesting leniency from the JP during sentencing. You may be ...
- Sat Apr 21, 2012 7:31 am
- Forum: Summon
- Topic: Issued Summons - court closed!! What to do next?
- Replies: 5
- Views: 4551
Re: Issued Summons - court closed!! What to do next?
Not sure how an error on the summons would help you fight it in Court. It's not like a regular ticket, where certain errors are fatal and can cause the charge to be thrown out.
The officer at your house most likely is trying to issue you a corrective summons, with the correct Court date on it. I'd suggest attending on the correct date and try for ...
The officer at your house most likely is trying to issue you a corrective summons, with the correct Court date on it. I'd suggest attending on the correct date and try for ...
- Thu Apr 19, 2012 12:51 pm
- Forum: Improper right turn
- Topic: improper use of turn signal...but not really!!
- Replies: 12
- Views: 8654
Re: improper use of turn signal...but not really!!
Id disagree with you on a few points.
You suggest the OP was arbitrarily detained which I dont believe is the case. Arbitrary detention is in essence a fishing expedition, a random stop where there is no evidence of an offence. I think even the OP understood (if not directly told) that the officer was investigating the fact he was observed talking ...
You suggest the OP was arbitrarily detained which I dont believe is the case. Arbitrary detention is in essence a fishing expedition, a random stop where there is no evidence of an offence. I think even the OP understood (if not directly told) that the officer was investigating the fact he was observed talking ...
- Wed Apr 18, 2012 9:37 pm
- Forum: General Talk
- Topic: Does section 78.1 include paper?
- Replies: 12
- Views: 3285
Re: Does section 78.1 include paper?
The officer probably genuinely believed you were talking on a cell phone. You have to keep in mind many people stopped by the police arent honest and will give every excuse under the sun to get out of a ticket.
In terms of Court, its not your job to prove you werent on a cell phone, but rather the Crowns job to prove that you were. While theres ...
In terms of Court, its not your job to prove you werent on a cell phone, but rather the Crowns job to prove that you were. While theres ...
- Wed Apr 18, 2012 2:05 pm
- Forum: Improper right turn
- Topic: Right on red at 5 point intersection
- Replies: 5
- Views: 3495
Re: Right on red at 5 point intersection
I agree with your wife. From what I can see with Street View, Niagara Street starts on the far side of the intersection. You'd be proceeding through the intersection on a red, making it illegal.
- Tue Apr 17, 2012 5:52 pm
- Forum: Courts and Procedure
- Topic: Fatal Error: only first initial of given name?
- Replies: 2
- Views: 1963
Re: Fatal Error: only first initial of given name?
Not sure if first initial only constitutes a fatal error, but Ontario convictions DO appear on New York and Michigan licences.
- Mon Apr 16, 2012 10:46 pm
- Forum: Red Light Camera Ticket
- Topic: Red Light Camera Ticket - Mississauga
- Replies: 4
- Views: 8644
Re: Red Light Camera Ticket - Mississauga
Failing to stop for a red light is what's known as an absolute liability offence. Basically, the Court will only really be interested in whether you stopped or not, not the reason why. A mechanical defect is not a defence in my opinion for such an offence. Even if such the Court were to accept it as a defence, you would need some very strong ...
- Mon Apr 16, 2012 4:53 pm
- Forum: General Talk
- Topic: Does section 78.1 include paper?
- Replies: 12
- Views: 3285
Re: Does section 78.1 include paper?
While the article states that certain activities like eating or adjusting the radio can be dangerous, it doesn't actually state that they're illegal. You could possible be charged with careless, but there would have to be some evidence supporting this (i.e., weaving in and out of lanes cause you have both hands on your sandwich instead of the ...
- Mon Apr 16, 2012 4:47 pm
- Forum: Parking Tickets
- Topic: Disability Parking Permit
- Replies: 2
- Views: 4610
Re: Disability Parking Permit
While parking rules can vary from town to town, Ive never heard of accessible parking permits granting carte blanche. I believe they simply entitle you to park in designated accessible parking spots.
- Mon Apr 16, 2012 3:54 pm
- Forum: Careless Driving
- Topic: why careless
- Replies: 1
- Views: 1670
Re: why careless
Typically when a careless driving charge is laid instead of follow too close, its due to a lack of evidence to support the latter charge. The Courts have ruled, simply striking a car from behind is insufficient evidence for a conviction. There needs to be some type of evidence showing that the driver wasnt leaving sufficient room above and beyond ...
- Mon Apr 16, 2012 3:50 pm
- Forum: General Talk
- Topic: Does section 78.1 include paper?
- Replies: 12
- Views: 3285
Re: Does section 78.1 include paper?
No, a piece of paper is not considered a hand held electronic device. 
If the Court believes you, that should certainly be sufficient to beat the charge.
If the Court believes you, that should certainly be sufficient to beat the charge.
- Mon Apr 16, 2012 3:48 pm
- Forum: Following too closely
- Topic: follow too closely on an umarked cop car
- Replies: 1
- Views: 2997
Re: follow too closely on an umarked cop car
I'd certainly talk with the Crown about a plea deal, hopefully get one or more of the charges dropped in exchange for a plea. Just FYI, having a valid insurance card now isn't really relevant in Court, since the charge is for not having it at the time of the stop.
- Mon Apr 16, 2012 3:44 pm
- Forum: Courts and Procedure
- Topic: "late filed by police officer" what else do I need to do?
- Replies: 1
- Views: 1886
Re: "late filed by police officer" what else do I need to do
Yes, if the charge was filed too late, the Courts will not proceed with it.
- Sun Apr 15, 2012 5:27 pm
- Forum: General Talk
- Topic: Fail To Surrender Permit 7(5)(a)
- Replies: 5
- Views: 8124
Re: Fail To Surrender Permit 7(5)(a)
Yes, they will obtain a full copy of the officer's notes prior to making any type of plea deal.