Ontario Highway Traffic Act

unlucky wrote:The police clocked me at 153km/h but put on the ticket 156km/h cause of radar tolerance.

What do you mean by that? You think you were going 153? Or the officer actually said they got you at 153 but put 156 on the ticket?

If that's the extent of the officer's notes, I think it would be difficult for the Crown to obtain a conviction. As the section clearly states, signalling is only required when another vehicle may be affected. While the fact that it's rush hour would infer there's heavy traffic and other vehicles around, I personally think you would need something ...

What does an officer write on the back of their copy that they would not write in their personal notes ?

Typically officers either make notes in their notebook or on the back of the ticket, not both. Or as Decatur said the notebook may have just a short entry recording the stop with all the details on the ticket itself. Not a hard and fast rule ...

Is there any hope of reopening a case that was auto-convicted with no letter being sent, which happened almost 2 years ago???

You need a valid reason to reopen a case. I don't think a JP would have much sympathy on the fact you simply decided to ignore the tickets at the time.

Even if you reopen the case, I believe the record of suspension ...

If it has a court date on the document, it's most likely a Part III summons. If that's the case, the error wouldn't necessarily invalidate the charge like it would with a regular ticket. If the Court/Police catch the error, they may issue a corrective summons with the correct date on it.

It may work, but I've seen some JP's simply stand the case down for half an hour while you review the evidence then and there.

What are you hoping to get out of the adjournment? It can't be used in an 11b argument since you're now responsible for the delay.

Is there any way I can fight this and get off?

Tough call. It's certainly possible to win your case, but obviously not 100% certain. The other issue is that if you go to trial, it will probably be for the full amount, 21 over. You'd be looking at about a $105 fine and 3 points. I guess the question is does the principle still outweigh the risk ...

I know people that have been charged with misdemeanor's that have gotten off with stayed charges for charitable donations.

Anyone think this will work for careless driving?

I've never heard of a charge being stayed in exchange for a charitable donation. I've heard of community service with charitable organizations being imposed as part of a ...

I remember the section that youre talking about, but to the best of my knowledge it was repealed quite a few years ago. It used to be under 128 subsection 3.1, unless it's moved somewhere else in the HTA.

Going by the old wording, Im not sure how much luck youd have. It simply states that a portion of the highway must have such features for the ...

I didnt know about the wording of the law till we got the ticket - for $5.00 you can get a car mount (subsequently purchased) that will allow you to touch the phone.

The fact that you weren't familiar with the details of the law isn't a defence in Court. You are allowed to press a button on the phone to make/end calls, but you're daughter still ...

It's some creative thinking but I would say looking up directions, even to the police station, is not what's stated under the exemption. And going to the courthouse to deal with a ticket isn't police business. :)

Just curious, you say the set fine is $110. Is that for the cell phone ticket? If so, that's incorrect, it should be a $125 fine, $155 ...

I have won 2 tickets in the past which involved 2 points and they all got dropped with my explanation. I was given this ticket at 11:45pm at night in Halton Hills, ON down Highway7 where there is several hills going down...i kind of let it roll down

Just so you're aware, speeding is an absolute liability offence, meaning intent is irrelevant ...

1) Contact your insurance provider. Two minor convictions will likely have a minimal insurance rate increase, but it varies from one provider to the next.

2) Court cases must take place in the jurisdiction where the offense occurred. So no you can't have it in Toronto unfortunately.

3) Probably the best you can do is a reduced fine. There really ...

I have seen them, though it's pretty rare. My understanding is that the municipality needs to notify the Ministry of the conviction, something that doesn't always happen.

Probably best to get a copy of your driving abstract (conviction history) to be sure.

If he was outside his car it's unlikely he obtained a speed reading at the time you passed him. The notes refer to a radar device that's mounted inside the cruiser.