Search found 2111 matches

by Stanton
Mon Apr 09, 2012 7:29 am
Forum: General Talk
Topic: Triple Whammy
Replies: 5
Views: 1844

Re: Triple Whammy

The police most likely believed your vehilce was insured/registered, or you would have been charged for not having insurance and not registering your vehicle (much more serious charges).

In regards to what you were charged with, not surrendering the documents is the offence. That being said, all your charges are what I'd consider relatively minor ...
by Stanton
Mon Apr 09, 2012 7:17 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding over 42 km first ticket
Replies: 11
Views: 12542

Re: Speeding over 42 km first ticket

Your description of what happened would not garner much sympathy in Court. Typically the best advice is to request disclosure and review the evidence against you. If there's a glaring error in the officer's notes, you may want to go to trial. If not, you can try and work out a plea deal with the Crown to a reduced speed.
by Stanton
Sat Apr 07, 2012 4:40 pm
Forum: Compulsory Automobile Insurance Act
Topic: 3 tickets for everything except the reason i got pulled over
Replies: 8
Views: 3173

Re: 3 tickets for everything except the reason i got pulled

can they issue a Summons for Disobey Sign?

Yes, a summons can be issued in lieu of an offence notice even for charges with a set fine. Its not a common practice, but there are certain circumstances where it may be warranted.

Common reasons why:
1) More than 30 days have passed since the offence took place.
2) There are multiple charges, one of ...
by Stanton
Sat Apr 07, 2012 4:16 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

I believe the officer was incorrect. The fault determination rules state the following:

This section applies with respect to incidents in parking lots. The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road.

The rules also state:

If ...
by Stanton
Fri Apr 06, 2012 9:48 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: LICENSE SUSPENDED, VIOLATION OF NOVICE DRIVER CONDITIONS
Replies: 2
Views: 3805

Re: LICENSE SUSPENDED, VIOLATION OF NOVICE DRIVER CONDITIONS

The suspension is automatic with a conviction. The only way to avoid the suspension is to be found not guilty at trial or work out a plea deal with the Crown to a different offence that doesnt entail an automatic suspension.

Since youve already been convicted your only hope would be to get the matter reopened. This can be done for a valid legal ...
by Stanton
Fri Apr 06, 2012 9:28 am
Forum: Prohibited turns
Topic: Proceed Contrary to a Sign
Replies: 3
Views: 2868

Re: Proceed Contrary to a Sign

Unless there was some type of signage exempting local traffic, you're still not allowed to make the turn. As stupid as it sounds, with all the "no turn" signage along Lawrence, I think you'd have to head right up to Bathurst to make a right, then loop back around. I'm not sure if it's still common or not, but some people have had luck getting the ...
by Stanton
Fri Apr 06, 2012 9:21 am
Forum: Compulsory Automobile Insurance Act
Topic: 3 tickets for everything except the reason i got pulled over
Replies: 8
Views: 3173

Re: 3 tickets for everything except the reason i got pulled

Regardless of demerit points, 3 convictions will definitely impact your insurance rates. I'd request a pretrial meeting with the Crown and try to work out a deal. Hopefully they'd be willing to drop one or two of the charges in exchange for a guilty plea on the third.
by Stanton
Wed Apr 04, 2012 1:56 pm
Forum: General Talk
Topic: Cop did not give charge for BAC above zero "young driver"
Replies: 2
Views: 3202

Re: Cop did not give charge for BAC above zero "young driver

If your friend wasn't charged by the officer at the time of the incident, it's very unlikely anything further will come of it. Technically the police have up to six months from the date of the offence to proceed with a charge, but I don't see why they would at this point. Quite likely the officer was simply unaware of the new law or cut your friend ...
by Stanton
Tue Apr 03, 2012 11:02 pm
Forum: Compulsory Automobile Insurance Act
Topic: no insurance and use validation not finished for vehicle
Replies: 3
Views: 2281

Re: no insurance and use validation not finished for vehicle

No demerit points, but it's still a conviction on your record for insurance purposes.
by Stanton
Tue Apr 03, 2012 10:12 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 8274

Re: Pedestrian on sidewalk

The Toronto Police Service was big on booking HTA Court on an officer's day off to help with frontline staffing, but I agree with Hwybear that it's pretty rare otherwise. Why would a police service/municipality want to incur overtime expenses when it can easily be avoided?
by Stanton
Tue Apr 03, 2012 2:53 pm
Forum: Compulsory Automobile Insurance Act
Topic: no full stop got dropped to fail to provide insurance card
Replies: 4
Views: 2748

Re: no full stop got dropped to fail to provide insurance ca

Its quite likely the officer would have to tell the Court why he stopped your car, since thats what leads to him discovering your expired insurance slip. It shouldnt change the outcome if youre found guilty, it will just make any type of fine reduction very unlikely.

In terms of going to trial though, theres not really much you can fight this ...
by Stanton
Tue Apr 03, 2012 2:31 pm
Forum: Prohibited turns
Topic: front/bay Proceed contrary to sign at intersection, 144(9)
Replies: 6
Views: 4143

Re: front/bay Proceed contrary to sign at intersection, 144(

Yes, one year should be sufficient for a charter application to have the charges stayed (assuming the delay wasn't at your request). It's not something that happens automatically, and will require some effort on your part. Look under the Courts and Procedure folder for the thread about how to file an 11b.
by Stanton
Tue Apr 03, 2012 2:26 pm
Forum: General Talk
Topic: Verbal Motion to Stay at The Trial
Replies: 8
Views: 2780

Re: Verbal Motion to Stay at The Trial

I was thinking, since he is under my insurance, could I try to ask the prosecutor prior to the trial to change charges to non-moving.

Just be aware that insurance companies don't differentiate between so called moving versus non moving violations. They treat a minor speeding ticket the same as an expired licence plate sticker. They rank any ...
by Stanton
Tue Apr 03, 2012 1:03 am
Forum: General Talk
Topic: think my car got wrongfully impounded
Replies: 11
Views: 5896

Re: think my car got wrongfully impounded

So how does one store a vehicle? Kept in a closed garage or must it always have a valid plate?
Reason I ask is I have a neighbour/friend who's working on rebuilding a classic 'cuda. He sometimes moves it onto his driveway to work on it for a few days and then stores it away until he has time to work on it again. He has no plates for it (yet ...
by Stanton
Mon Apr 02, 2012 7:16 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 8274

Re: Pedestrian on sidewalk

So this spawns another question. In my situation the officer had a setup on the sidewalk, a Lidar unit of some sort (no disclosure yet) on a tripod. Is there something in the HTA or a Toronto by-law that probits establishing a stationary setup on a sidewalk?

Nope. And FYI couldn't see anything on streetview. Can you confirm which intersection ...
by Stanton
Sat Mar 31, 2012 7:02 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 8274

Re: Pedestrian on sidewalk

There are lots of municipal bylaws that are redundant to HTA offences. Two common examples that posters here frequently plead out to are failing to stop for a stop sign and disobeying a sign for a prohibited turn. This obviously varies from one municipality to the next.

So if you fail to yield the right of way to a pedestrian on a sidewalk and ...
by Stanton
Sat Mar 31, 2012 11:21 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: I believe the Radar Gun clocked the car ahead of me
Replies: 5
Views: 2636

Re: I believe the Radar Gun clocked the car ahead of me

Date of infraction, so if you're convicted two years after the offence, the demerit points will never be applied.
by Stanton
Fri Mar 30, 2012 10:18 pm
Forum: General Talk
Topic: Suspension and Judgement under HTA
Replies: 12
Views: 5262

Re: Suspension and Judgement under HTA

It would be covered by the Highway Traffic Act and the Drivers Licence Regulation (340/94). Relevant sections under the HTA would be 32 and 53, and probably lots of sections under the OReg.
by Stanton
Fri Mar 30, 2012 10:04 pm
Forum: Compulsory Automobile Insurance Act
Topic: Insurance
Replies: 8
Views: 4405

Re: Insurance

The act states the vehicle owner, not registered owner. It's right at the beginning under Section 2 of the CAIA. I'm sure it's worded this way to prevent a loophole for non registered vehicle owners.

Under your example, if the Crown entered the bill of sale as evidence and/or a statement from a previous owner regarding the sale, it would probably ...
by Stanton
Fri Mar 30, 2012 10:02 pm
Forum: General Talk
Topic: Suspension and Judgement under HTA
Replies: 12
Views: 5262

Re: Suspension and Judgement under HTA

I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in ...
by Stanton
Fri Mar 30, 2012 9:28 pm
Forum: Red Light Camera Ticket
Topic: Driving 80 km speed through the red light camera
Replies: 12
Views: 4269

Re: Driving 80 km speed through the red light camera

Well technically I believe the HTA still contains all the relevant legislation for photo radar, where the ticket is mailed to the vehicle owner, its just no longer enforced. Regardless, Im not aware of any legislation that would allow the speed reading taken by red light cameras to be used for a speeding charge.
by Stanton
Fri Mar 30, 2012 6:02 pm
Forum: Red Light Camera Ticket
Topic: Driving 80 km speed through the red light camera
Replies: 12
Views: 4269

Re: Driving 80 km speed through the red light camera

The red light ticket isn't sufficient evidence in itself to charge you with speeding.
by Stanton
Fri Mar 30, 2012 5:59 pm
Forum: Traffic Offences Outside Ontario
Topic: Caught using a cellphone in Quebec
Replies: 3
Views: 3041

Re: Caught using a cellphone in Quebec

Do you guys think i have a valid case or should i just go ahead and pay the fine and accept the demerits?

Thanks in advance

As Bear said, under Ontario law that would still be sufficient for a conviction. In Ontario, you have to be legally parked, not just stopped on the roadway to use your phone. Futhermore, police simply need to show that you ...
by Stanton
Fri Mar 30, 2012 5:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket but officer did not put down a fine amount
Replies: 2
Views: 2216

Re: Speeding ticket but officer did not put down a fine amou

That type of error should result in your ticket just being thrown out. Do a search on the forum for London v Young and the default/appeal process. If the JP fails to notice the error and convicts you, you'll have to do a little more work, but it should still get tossed. You do NOT want to go to trial for this type of error.
by Stanton
Fri Mar 30, 2012 5:49 pm
Forum: Parking Tickets
Topic: Parking ticket from "Developer maintained - Unassumed road"
Replies: 13
Views: 10582

Re: Parking ticket from "Developer maintained - Unassumed ro

I guess the question is how much information does he need from his notes for Court? I would think for the offence you've been charged with, all the relevant information would be on the ticket itself, which the bylaw officer can refer to in Court. He would just need to cover off time, location and vehicle. In regards to the officer # error, if it's ...
by Stanton
Fri Mar 30, 2012 5:44 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 8274

Re: Pedestrian on sidewalk

Sidewalks are within the lateral property lines of the roadway which the municipality owns however the HTA doesn't define it's use very well. We all know it's illegal to drive your vehicle along a sidewalk but there's no offence for this under the HTA.

There may not be a charge that specifically states "Do not drive on sidewalk", but there's ...
by Stanton
Fri Mar 30, 2012 5:34 pm
Forum: Improper left turn
Topic: Illegal Left Turn ticket
Replies: 1
Views: 2757

Re: Illegal Left Turn ticket

I felt it was a bit extreme. I remember quickly going into the extreme left. I would like to fight this ticket.

You'll have to show in Court that you made a lawful turn into the correct lane and then made a lawful lane change afterwards. If you were just cutting through the far left lane during the course of your turn, I would say that isn't ...
by Stanton
Mon Mar 26, 2012 9:56 am
Forum: Driver failing to wear a seat belt
Topic: Red light Fail to stop
Replies: 5
Views: 3472

Re: Red light Fail to stop

To the best of my knowledge youre not allowed to take off your seatbelt at red lights. The Courts have ruled that youre still driving the vehicle even if momentarily stopped. The case law relating to this is York Municipality v Tassone. If you have a medical reason to not wear your seatbelt, you should get a note from your doctor exempting you.

I ...
by Stanton
Mon Mar 26, 2012 9:54 am
Forum: Prohibited turns
Topic: Left turn into parking lot "prohibited u-turn"?
Replies: 2
Views: 3315

Re: Left turn into parking lot "prohibited u-turn"?

From your description I would say you did not make a u-turn.