Search found 2111 matches

Certainly if there is a key disclosure item missing, you could request a stay. Just be aware some people request everything but the kitchen sink in an attempt to overwhelm the Crown. Most JP's will expect you to be able to justify your request, so if the missing items are unreasonable the stay will be denied. What are you still waiting for?

As for ...

26 over carries 3 demerit points. Your insurance provider would probably consider it a minor offence, which may have a minimal impact on your rates. Contact your provider as each policy is different.

Hard to say if it's worth fighting the ticket without knowing how strong the case is and how much it would impact you. Speeding tickets can be ...

Its very unlikely the police would notify her parents unless they wanted to confirm your friend had permission to drive the car or they needed to confirm ownership/insurance information.

That being said, the conviction will go on your friends driving record. If her parents are paying for her car insurance, they should be notified since it can ...

Probably the safest way. If you go to trial, the Crown can try and amend the certificate to get rid of the errors.

The developer maintained signs are pretty common in new subdivisions until all homes are completed and the City takes over, even though people are living there well before the last home is finished.

I don't believe the fact it's an unassumed road will have any bearing in Court. It's still part of the City and you likely still obtain City services ...

Getting the vehicle out of impound would typically simply require paying the towing and storage fee. If its not insured, you wouldnt be able to drive it, so you would have to pay to have it towed to your residence.

Not involving the car owner isnt possible since its his vehicle. The only way he wouldnt be liable for you operating it without ...

A statement from the previous owner stating when the vehicle was sold and to whom is sufficient to show ownership, the vehicle does not actually need to be registered to the owner.

I dont know if its good news or not, but its the owner, not the driver who gets charged for a vehicle being operated without insurance. If its your friend/roommate whos the owner (even if its not registered on paper) hell be facing the charge which carries a $5,000 fine. Both you and him can also be charged for using plates which dont belong on the ...

I'd request disclosure to see what the officer's observations were. I'd disagree with the notion it was a 2 for 1 deal. The officer on the plane could have easily calculated the speed of both you and the other vehicle well before you were actually pulled over.

And I've never heard of a camera being installed on the plane. It's no different then ...

Under HTA definitions, the sidewalk would be considered part of the highway, not the roadway. While you certainly can be charged under the HTA for your accident, I don't think you were charged under the correct section. If that's the case, the Crown may withdraw the charge. Hopefully someone else can confirm.

You can certainly go to Court and present your version of events and see if it raises enough reasonable doubt. A witness in your car could certainly confirm your version of events, though they'd have a hard time testifying to what your actual speed was.

Just be aware, when you acknowledge you're speeding, Courts tend to accept the officer's speed ...

Id suggest getting written statements from your witnesses now, while the incident is fresh in their minds. For Court, youd want to show that your driving was safe, cautious, prudent and appropriate for the weather. I dont believe its an absolute liability offence, so if you can demonstrate the above Id think theres a reasonable prospect of being ...

All the options are explained on the back of the ticket. You'd most likely want to select option 3 and proceed to trial. Your husband will have to present his version of what happened and then it will be up to the Justice of the Peace to determine if they find him credible.

I don't think there would be anything wrong with asking for additional estimates. Prices will vary from shop to shop.

Your dilemma has nothing to do with the Highway Traffic Act. Repair shops can put liens on vehicles for which money is owing as per the Repair and Storage Liens Act. Any argument over whether the work was authorized or not would be a civil matter to deal with through the Courts.

I wouldn't read anything into the lack of careless driving charge. I'm not saying the OP is at fault, but the charge is appropriate for the allegations.

Contact the court, as it varies from region to region. Typically first attendance meetings need to be scheduled on a date before the trial.

You probably don't have much to lose by going to trial. Your husband will simply need to present his version of event and hopefully convince the JP that the light was amber when he entered the intersection.

Typically poor weather conditions are not considered an excuse and you're expected to drive for the conditions. The problem in your circumstance is that you were aware of the conditions, it wasn't something unknown or unexpected, like a sudden patch of black ice on a clear road.

There are no set rules, but police are supposed to constantly weigh the benefit of apprehending the offender versus the risk to public safety. Typically the more serious the offence, the more likely police are to pursue.

The charge can be withdrawn if there is reason.

Your question is pretty general. I'd recommend just reading through the forum, see what worked for different people.

Basically with speeding, you need to raise reasonable doubt that the offence took place. You can't really justify the offence itself.

Yes, you probably would be arrested.

Once an officer has read the breath demand, youre required by law to provide a suitable sample of your breath. Police only require a reasonable suspicion to make such a demand (a pretty low threshold), not absolute certainty. As long as the officer can articulate in Court what gave him the suspicion you may ...

I haven't seen a handheld radar unit with an LED display for years. Still the norm for the moving radar mounted in cruisers, but any handheld unit I can think of has an LCD display. I've never seen a Genesis VPD with an LED display. They have a red LED to illuminate the display at night, but the display itself is LCD.

Some criminal convictions can impact travel outside of Canada, but not regular Provincial offences such as yours.

The Youth Criminal Justice Act (while geared for criminal offences) would also disagree with the notion that youth be charged "equally". Police/Crowns are to find diversions when appropriate verus proceeding through the Courts with charges. The law feels youth are less accountable for their actions and warnings are more warranted.

Careless driving is pretty much the standard charge in rear end accidents. I would not use snow tires as a defence. If you're aware your tires perform poorly in the rain, it's up to you to ensure there's sufficient room for you to stop, regardless of the conditions.

If you plan on fighting the charge outright, I'd seek legal representation. If not ...

Everyone who knows they're going to blow over suddenly develops asthma.

OP is forum short form for original poster.

1) Courts have ruled random stops are allowed to check for sobriety, such as RIDE checkpoints. Officers only require reasonable suspicion person has been drinking to conduct roadside test. An odour of alcohol or admission of consumption would be sufficient grounds for this test. If the driver appears impaired, officers should NOT conduct the test ...