Search found 2111 matches

by Stanton
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.
by Stanton
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).
by Stanton
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.
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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

rbee wrote:do i have a case here to have the charges dropped since they erred on the licence plate?
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.
by Stanton
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 ...
by Stanton
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?
by Stanton
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 ...
by Stanton
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.
by Stanton
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.
by Stanton
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 ...
by Stanton
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.
by Stanton
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.
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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.
by Stanton
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.
by Stanton
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 ...
by Stanton
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 ...
by Stanton
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.
by Stanton
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 ...
by Stanton
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.
by Stanton
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.
by Stanton
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.
by Stanton
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.