Search found 2111 matches

by Stanton
Sun Apr 15, 2012 3:24 pm
Forum: General Talk
Topic: Fail To Surrender Permit 7(5)(a)
Replies: 5
Views: 8124

Re: Fail To Surrender Permit 7(5)(a)

Id say while they might offer you a reduced fine, its very unlikely theyd simply withdraw the charge after youve already been given a break.
As you said though, worst case is that they tell you to go to trial.
by Stanton
Sun Apr 15, 2012 2:10 pm
Forum: General Talk
Topic: Fail To Surrender Permit 7(5)(a)
Replies: 5
Views: 8124

Re: Fail To Surrender Permit 7(5)(a)

It's quite likely the officer would bring up the initial reason for the stop at trial, as well as the fact that he gave you a break. Regardless, unless you've actually been charged for speeding (i.e. given a ticket), you can't suddenly be convicted at trial. The only real impact it will likely have is make the Courts less likely to give you any ...
by Stanton
Sun Apr 15, 2012 1:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Re: Suspended License
Replies: 4
Views: 2669

Re: Re: Suspended License

I'm guessing your speeding ticket carried 4 or more demerit points. Unforunatley the resulting 30 day suspension is automatic and I'm not aware of any way to appeal it.

The only way it can be avoided is to be either found not guilty of the offence in Court or work out a plea deal to a lesser offence that doesn't carry as many points.
by Stanton
Fri Apr 13, 2012 6:47 pm
Forum: Following too closely
Topic: Following too Close - new driver
Replies: 6
Views: 6165

Re: Following too Close - new driver

I'm very certain it's 4 points. Demerit points are listed under regulation 339/94 of the Highway Traffic Act.

Here's a link to what should be the latest version on the government's website:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm

There's a table at the bottom listing the various offences and associated demerit points ...
by Stanton
Fri Apr 13, 2012 4:54 pm
Forum: General Talk
Topic: Expired Sticker
Replies: 20
Views: 16785

Re: Expired Sticker

I imagine all Provinces would have laws requiring motor vehicles to have valid permits. The law in Ontario applies to all vehicles, even those with non Ontario plates/registrations.
by Stanton
Fri Apr 13, 2012 3:36 pm
Forum: General Talk
Topic: Speeding and failure to surrender driver's licence.. HELP!!!
Replies: 9
Views: 5282

Re: Speeding and failure to surrender driver's licence.. HEL

Did you read my responses? Ive repeatedly stated that both tickets must be dealt with in the same manner.

You can chose whether to go to trial or not, but the decision to offer a plea deal is the Crowns. There is no incentive for them to offer you a deal on one if you're going to trial on the other. The plea deal is designed to save them the time ...
by Stanton
Fri Apr 13, 2012 10:31 am
Forum: General Talk
Topic: Speeding and failure to surrender driver's licence.. HELP!!!
Replies: 9
Views: 5282

Re: Speeding and failure to surrender driver's licence.. HEL

The Crown will get a copy of the officer's notes which will show the two tickets issued to you.
by Stanton
Fri Apr 13, 2012 10:30 am
Forum: Compulsory Automobile Insurance Act
Topic: screwed
Replies: 4
Views: 2065

Re: screwed

Id strongly suggest legal representation.
by Stanton
Thu Apr 12, 2012 6:14 pm
Forum: Courts and Procedure
Topic: New options on back of tickets
Replies: 19
Views: 12381

Re: New options on back of tickets

http://www.ontariocourtforms.on.ca/engl ... -act-forms

The example for the form 4 appears to be updated with the correct wording for the back of the ticket.

Haven't seen a real one yet.
by Stanton
Thu Apr 12, 2012 4:02 pm
Forum: Traffic Offences Outside Ontario
Topic: Impounded car for expired drivers license
Replies: 1
Views: 4354

Re: Impounded car for expired drivers license

Just to confirm, this occurred in Quebec?

Best I could find was this page on Quebec Automobile Insurance Corporation website (Quebec's MTO): http://www.saaq.gouv.qc.ca/en/driver_licence/sanction/reclaim.php

They have a form you can use to reclaim your vehicle early if it has been impounded for 30 days. Unfortunately the form states the following ...
by Stanton
Thu Apr 12, 2012 3:43 pm
Forum: Driver failing to wear a seat belt
Topic: Driver Fail To Properly Wear Seatbelt
Replies: 1
Views: 5577

Re: Driver Fail To Properly Wear Seatbelt

There are 2 points for seatbelt offences. Success at fighting the charge would be dependent on the officer's actual observations and any admissions your wife may have made. I can't think of any lesser charge that would apply, but the Crown would probably offer you a plea deal to a reduced fine.
by Stanton
Thu Apr 12, 2012 3:40 pm
Forum: Following too closely
Topic: Following too Close - new driver
Replies: 6
Views: 6165

Re: Following too Close - new driver

Yes, if you pay the fine, you're admitting guilt and a conviction is registered. The police probably didn't mention the suspension either because they're not aware of it or due to the fact they don't actually issue it. The 30 day suspension would be applied by the MTO if your son was convicted in Court or pleads guilty to the offence as is.

Here's ...
by Stanton
Thu Apr 12, 2012 11:26 am
Forum: Courts and Procedure
Topic: New options on back of tickets
Replies: 19
Views: 12381

Re: New options on back of tickets

It probably was changed in hopes of adding some efficiency to speed up the process. They can now avoid booking trials for people who simply want to work out a deal with the Crown.

I think the change was in the works since prior to the recent 11b rulings. It was added through the most recent Good Government Act.
by Stanton
Thu Apr 12, 2012 11:21 am
Forum: Following too closely
Topic: Following too Close - new driver
Replies: 6
Views: 6165

Re: Following too Close - new driver

Typically demerit points make no difference with insurance providers, they look at all convictions regardless of how many points they're worth. The problem in your son's case is that follow too close carries 4 demerit points, which for G2 drivers results in a minimum 30 day suspension upon conviction. The suspension could result in a greater ...
by Stanton
Wed Apr 11, 2012 7:40 pm
Forum: Red Light Camera Ticket
Topic: Is maneuvering to avoid accident enough for fighting?
Replies: 2
Views: 2104

Re: Is maneuvering to avoid accident enough for fighting?

Failing to stop for a red light is whats known as an absolute liability offence, meaning the Courts dont really care about why you committed the offence. The only defence is one of necessity, where youd have to demonstrate some life threatening emergency. Not seeing the light in time really wouldnt qualify in that regard.
by Stanton
Wed Apr 11, 2012 3:48 pm
Forum: General Talk
Topic: Expired Sticker
Replies: 20
Views: 16785

Re: Expired Sticker

You should be able to get a payment plan through the Courts. Why wouldn't the JP see you the first time?
by Stanton
Wed Apr 11, 2012 1:38 pm
Forum: General Talk
Topic: Speeding and failure to surrender driver's licence.. HELP!!!
Replies: 9
Views: 5282

Re: Speeding and failure to surrender driver's licence.. HEL

If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?

Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.

The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one ...
by Stanton
Wed Apr 11, 2012 1:02 pm
Forum: General Talk
Topic: Expired Sticker
Replies: 20
Views: 16785

Re: Expired Sticker

I think the biggest issue would be increased insurance premiums. While it's not considered a serious offence, two convictions will typically result in increased rates. As well, if the police continually catch you driving without a valid plate, they can summons you to Court and request an increased fine.
by Stanton
Wed Apr 11, 2012 10:02 am
Forum: General Talk
Topic: Two tickets for expired plate - help!
Replies: 5
Views: 4124

Re: Two tickets for expired plate - help!

Technically it's two separate offences, not sure if the Kienapple principle would apply (where you can't be convicted of two offences when they both arise from substantially the same facts).
by Stanton
Wed Apr 11, 2012 9:46 am
Forum: General Talk
Topic: Expired Sticker
Replies: 20
Views: 16785

Re: Expired Sticker

So where is my motivation to pay at all ?

Traffic tickets (such as expired validation) are different then parking tickets, in that if you fail to pay them, your driver's licence will be suspended. If you're caught driving under suspension, you'll face some pretty serious fines, possible jail time and vehicle impoundment.

I'd make continued ...
by Stanton
Wed Apr 11, 2012 9:18 am
Forum: Courts and Procedure
Topic: New options on back of tickets
Replies: 19
Views: 12381

New options on back of tickets

A few recent posts had me confused about the options you can pick on the back of tickets. Looks like there have been some changes made as of March 31st, 2012.

Option 1 - Plea of Guilty
Option 2 – Early Resolution (Meeting with Prosecutor)
Option 3 – Trial Option

So it looks like Option 2 no longer locks you into a guilty plea and allows for the ...
by Stanton
Wed Apr 11, 2012 9:10 am
Forum: General Talk
Topic: Triple Whammy
Replies: 5
Views: 1844

Re: Triple Whammy

I'm sorry, I gave some bad advice above. I wasn't aware, but it looks like the option on the back of tickets changed as of March 31st, 2012. It looks like Option 2 now allows for a meeting with the Crown. I'd contact the Court just to confirm it doesn't prevent you from going to trial if you so decide.
by Stanton
Wed Apr 11, 2012 9:07 am
Forum: General Talk
Topic: Speeding and failure to surrender driver's licence.. HELP!!!
Replies: 9
Views: 5282

Re: Speeding and failure to surrender driver's licence.. HEL

Both charges would be dealt with at the same time/trial since both offences happened at the same time.

Your explanation of what happened in regards to speeding won't help you at trial. Saying "I was speeding but not by that much" never works at trial. You can still fight the ticket simply by making the Crown prove their case. Laser is pretty ...
by Stanton
Wed Apr 11, 2012 8:58 am
Forum: Compulsory Automobile Insurance Act
Topic: without insurance sommons, help!!!
Replies: 1
Views: 1616

Re: without insurance sommons, help!!!

Id suggest hiring someone to represent you. Youre looking at a $5,000 fine if convicted. Saying insurance was too expensive is NOT a defence in Court. Alternatively try meeting with the Prosecutor on the first say and see if they're willing to offer you a deal to a less serious offence.
by Stanton
Wed Apr 11, 2012 8:56 am
Forum: Careless Driving
Topic: G1 Driver - Careless Driving
Replies: 1
Views: 2213

Re: G1 Driver - Careless Driving

I know that fighting it will reduce the demerit points/money, but is that my only option? I hate to see my wife lose her G1 because she was actually trying to learn how to drive.

Fighting it (going to trial) will not reduce demerit points unless you're actually found not guilty. I'd try to work a plea deal with the Crown to a less serious ...
by Stanton
Wed Apr 11, 2012 8:51 am
Forum: General Talk
Topic: Lights off While driving...
Replies: 2
Views: 6061

Re: Lights off While driving...

Where do I go from here? This is my first ticket. Which option should I chose on the back of the ticket? My coworkers insist that I chose "Option 2:Early Resolution-Meet with Prosecutor", though I've read online that option 3 (trial) is the best bet.

Totally confused here... :?

As of March 31st, the options on the back of tickets have changed ...
by Stanton
Wed Apr 11, 2012 8:45 am
Forum: Failing to obey signs
Topic: disobey U turn - pulled into a driveway
Replies: 7
Views: 4716

Re: disobey U turn - pulled into a driveway

Based on you description I would say no, you did not make a u-turn.
by Stanton
Wed Apr 11, 2012 8:44 am
Forum: General Talk
Topic: Two tickets for expired plate - help!
Replies: 5
Views: 4124

Re: Two tickets for expired plate - help!

Also, I feel the need to explain that the 48 hours to produce did not really give me 48 hrs, actually only gave me 4hrs.

This would be irrelevant to the Courts. Your charge would be for not having the sticker/registration at the time you were stopped. While police will sometimes offer a grace period, theyre under no obligation to do so.

Im ...
by Stanton
Mon Apr 09, 2012 5:27 pm
Forum: General Talk
Topic: Parking lot accident - Not at fault but need advice
Replies: 7
Views: 13203

Re: Parking lot accident - Not at fault but need advice

Typically the copy of the police report you receive at the scene isn't complete, it's just an information exchange. Police will file the final report at a later time which includes accident diagrams and descriptions of what happened. Typically there's a fee associated with obtaining a copy so let your insurance company look after it.

You're ...
by Stanton
Mon Apr 09, 2012 5:23 pm
Forum: General Talk
Topic: Triple Whammy
Replies: 5
Views: 1844

Re: Triple Whammy

I believe it's option 3 you want (not guilty) then enquire with the Court about a pre-trial meeting. I believe option 2 is for a guilty plea with an explanation. That's would mean pleading guilty to all three charges, which is what you don't want to do.