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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.

Lanes are numbered from the left to the right in the direction of travel.

You're going to have to explain a little better, because I'm not following your explanation of why you made the turn.

The Crown is supposed to disclose all evidence, regardless if they intend to introduce it at trial.

Stanton,

If the Crown chooses not to use the video evidence during trial, wouldn't that be arguably an example of prejudice and be quashed under s. 7 of the Charter?

I don't believe so. The Crown has the prerogative to select which evidence is presented at trial. If they feel a particular piece of evidence or a witness does nothing to further ...

Careless driving, section 130 of the Highway Traffic Act.

drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway

Retention polices vary from one service to the next. If the video isnt related to any particular incident, it may be kept for a very short period of time. Only way to know is request it and see if its available.

If youre charged as the RO, it will probably be by mail.

No, both wouldn't need to attend unless there was some key evidence only one could give. The Crown decides who they want to attend to give evidence, and may only require one officer. An example of when both need to attend would be if one observed you speeding and another one pulled you over. In your case though it sounds like both officers would ...

Oh, by the way I learned today that school buses are not supposed to have their lights flashing while they are right at the "Stop" sign! If this is true, it will then be to my advantage should we go to the court of law.

I'm not aware of any such requirement in the Highway Traffic Act. Perhaps it might be a policy of a particular bus line, but it ...

It's very unlikely you'll be charged as the driver. Police rarely have the time to conduct investigations into every car that fails to stop for a school bus. It's much simpler to simply charge the registered owner and more likely to stand up in Court. If the police haven't been knocking at your door, I wouldn't worry too much. Worst case is you (if ...

No, you don't have to be caught by the police to be charged. If the bus driver recorded your plate, she can simply forward the information to them.

Typically police charge the registered owner of the vehicle, since it can be difficult to prove who was driving in Court. I believe the set fine is about $490, and there are no demerit points if you're ...

They will not set two separate trial dates for offences that occurred at the same time. It will be one trial for both.

As for the speeding charge, a reduction is unlikely if they reduce/drop the drive suspend charge as well. Regardless, insurance companies don't go by demerit points. 15 over (with no points) and 28 over are treated the same, as ...

If you're convicted of careless driving you'll get 6 demerit points, there is no way to change this. You either need to be found not guilty or work out a deal with the Crown to plead to a less serious charge which carries fewer demerit points. I would suggest at the very least seeking out a plea deal because you're insurance could easily double ...

While Im no lawyer, Id say you have some excellent statements for your defence. They seem to cover off the poor road conditions, that you were driving in a reasonably safe manner for the conditions and that you were engaged in your duties at the time.

Have you tried approaching the Crown yet? I personally think they might consider simply ...

Its very difficult to say what your chances of being found not guilty in Court are, as each case is quite different. Some cities have bylaw charges relating to stop signs which dont appear on your driving abstract. If you were offered a plea deal to that, it might be worth considering. More likely the Crown will offer you a reduced fine, but the ...