Search found 2111 matches

by Stanton
Sat Mar 24, 2012 9:51 am
Forum: General Talk
Topic: Clarification re: s.199 Failing to Report
Replies: 3
Views: 1973

Re: Clarification re: s.199 Failing to Report

Yes, there needs to be some type of injury. If the driver has documentation supporting that the person wasn't injured (not that they simply declined medical aid) then I'd think that's a pretty good defence.
by Stanton
Fri Mar 23, 2012 10:01 am
Forum: General Talk
Topic: Whos fault is it?
Replies: 12
Views: 3411

Re: Whos fault is it?

Police typically can't lay Highway Traffic Act charges for accidents that happened on private property. Regardless, insurance fault rules still apply. Typically the driver who struck the other vehicle from behind is 100% at fault.

Here's a link to fault determination rules on the Insurance Bureau website: http://www.ibc.ca/en/car_insurance ...
by Stanton
Fri Mar 23, 2012 9:57 am
Forum: Careless Driving
Topic: Careless
Replies: 18
Views: 5537

Re: Careless

When police lay a highway traffic act charge, they can proceed with a regular offence notice (a ticket) or summons. A summons requires you to attend Court, and is typically used for more serious charges, especially those with no set fine. If you had been given a summons, the errors that would result in a normal ticket being thrown out, don't apply ...
by Stanton
Thu Mar 22, 2012 9:11 am
Forum: Improper left turn
Topic: Improper Left Turn 141(6) --MISTAKE ON TICKET
Replies: 2
Views: 2989

Re: Improper Left Turn 141(6) --MISTAKE ON TICKET

If the pothole was large enough to cause damage and your wide turn didn't effect any other traffic, I would think that's possible grounds to fight the charge in Court. I don't believe it's an absolute liability offence.

In regards to the error with your birth date, I can't see it being a fatal error. It's basically a minor typo. Fatal errors are ...
by Stanton
Thu Mar 22, 2012 9:00 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - stop wrong place
Replies: 9
Views: 8150

Re: Disobey stop sign - stop wrong place

Requesting disclosure was a good start.

Stop wrong place is the incorrect charge for a rolling stop, but check the offence location to verify which intersection the officer is talking about. Maybe she decided to charge you for the other alleged offence.

Be familiar with where you're legally required to stop under section 136 of the Highway ...
by Stanton
Tue Mar 20, 2012 5:51 pm
Forum: General Talk
Topic: Turning Left at an intersection
Replies: 4
Views: 5309

Re: Turning Left at an intersection

You did nothing wrong. While its illegal to enter an intersection on a red light, its not illegal to clear it. Some cities have bylaws that prohibit blocking intersections like the other driver did, but it's not illegal otherwise.
by Stanton
Mon Mar 19, 2012 3:18 pm
Forum: General Talk
Topic: Police Cruiser driving backwards
Replies: 7
Views: 2391

Re: Police Cruiser driving backwards

Technically it's legal to reverse on a roadway if done so in safety. The only applicable charge off the top of my head would be careless if it wasn't done with due care and attention. Section 157 makes it illegal to reverse on a highway with a speed limit of 80 km/hr or more, but police are exempt.

As for fault determination, I wouldn't worry ...
by Stanton
Mon Mar 19, 2012 10:32 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: police officer gave me a ticket under section 144.18
Replies: 3
Views: 2669

Re: police officer gave me a ticket under section 144.18

It's the incorrect charge if it can be shown you entered the intersection on an amber light. If the officer testifies to that fact, you should be found not guilty. More likely the officer believes you entered the intersection on a red light. You'll have to dispute at trial the colour of the light when you entered the intersection. Easiest way to ...
by Stanton
Mon Mar 19, 2012 10:12 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Trial Next Month
Replies: 17
Views: 5816

Re: Trial Next Month

Representation is covered under by-law 4 of the Law Society of Upper Canada which can be found online.

Section 30 sub 5.1 states:

Acting for family
Subject to subsection (2), the following may, without a licence, provide legal services in Ontario...
5.1. An individual
i. whose profession or occupation is not and does not include the provision ...
by Stanton
Mon Mar 19, 2012 9:59 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: got 3 day suspension and speeding ticket 33kmh over
Replies: 1
Views: 1627

Re: got 3 day suspension and speeding ticket 33kmh over

worst case scenario i plea guilty to a lesser conviction/fine in court. But will the court think i am just wasting there time and re-neg my plea to a lesser conviction if i cannot win the ticket completely???? and just stick it to me !???

Worst case scenario is you go to trial and get found guilty. You can face a slightly higher fines for ...
by Stanton
Mon Mar 19, 2012 9:46 am
Forum: Compulsory Automobile Insurance Act
Topic: no insurance and use validation not finished for vehicle
Replies: 3
Views: 2165

Re: no insurance and use validation not finished for vehicle

I'm not really following. How do you feel he wrongfully pulled you over? You said yourself your trunk wasn't secure and the validation sticker didn't belong on the plate.
by Stanton
Mon Mar 19, 2012 9:40 am
Forum: Failing to stop for a school bus
Topic: Summons to Defendant HTA 175(11)
Replies: 1
Views: 3611

Re: Summons to Defendant HTA 175(11)

1) Sections 175(11) means you're being charged as the driver. If you were being charged as the owner it would fall under section 175(19).
2) Since you're being charged as the driver demerit points will apply.
3) The Crown may be willing to offer you a reduced fine, but they can't reduce points. The only way to avoid points is to be found not guilty ...
by Stanton
Sat Mar 17, 2012 12:17 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to slow for an emergency vehicle
Replies: 10
Views: 5451

Re: Failure to slow for an emergency vehicle

Not sure I really follow your explanation of what happened, but failing to slow down and failing to switch lanes are two different sections. Yes, she should have pulled into a different lane, but that's not what she's been charged with. The officer will have to articulate that why they believe your daughter didn't slow to a safe speed when passing ...
by Stanton
Wed Mar 14, 2012 7:02 pm
Forum: Careless Driving
Topic: Careless Driving No witness, single vehicle collision
Replies: 4
Views: 4074

Re: Careless Driving No witness, single vehicle collision

When police first arrive on scene at an accident, theyre allowed to question people to form an understanding of what happened. They only need to caution you (basically advise you dont need to provide a statement) once theyve formed grounds to believe youve committed an offence. Its possible a paralegal may be able to exclude part or all of your ...
by Stanton
Wed Mar 14, 2012 6:35 pm
Forum: General Talk
Topic: Effect of replacing damaged plates on insurrance
Replies: 3
Views: 1782

Re: Effect of replacing damaged plates on insurrance

Licence plates can be replaced for reasons other then accidents. The MTO will NOT notify your insurance provider.