Search found 2111 matches

by Stanton
Mon Nov 21, 2011 9:23 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 15232

Re: Different speed limits on each direction of the road

An experienced traffic officer probably would have tested the radar before and after your stop, but they still need to record the fact in their notes. In my experience Courts will not simply accept an officers testimony about testing if its not also in their notes (in short, not in the notes, didnt happen). This may be an oversight and notes ...
by Stanton
Mon Nov 21, 2011 9:16 pm
Forum: General Talk
Topic: MTO License suspension due to judgement
Replies: 12
Views: 9989

Re: License suspension / Settlement payment in installments

Im not aware of any guidelines or charts for the JPs to follow, I believe its purely up to their discretion. Id bring in documentation supporting your income and expenses to help justify your request, especially if youre seeking a very low monthly payment.
by Stanton
Mon Nov 21, 2011 10:09 am
Forum: Stunt Driving
Topic: Speed 140 in a posted 80 zone please help.
Replies: 5
Views: 4277

Re: Speed 140 in a posted 80 zone please help.

Agree with Decatur, seek legal representation. They might be able to find a flaw in the evidence to fight the charges on, or at least be able to reach a plea deal such as pleading to the speeding in exchange for the stunt driving charge being withdrawn.
by Stanton
Mon Nov 21, 2011 10:06 am
Forum: Traffic Offences Outside Ontario
Topic: No speed recorded on ticket - waiting to see disclosure
Replies: 1
Views: 2334

Re: No speed recorded on ticket - waiting to see disclosure

I think the actual speed reading would have to be recorded somewhere in his notes to prove the offence. That is the norm though for a few east coast provinces; the tickets simply state you were going between X and Y over the limit, not the actual speed.
by Stanton
Sun Nov 20, 2011 11:05 am
Forum: Traffic Offences Outside Ontario
Topic: WRONG DATE ON TICKET IN CANADA... ONLY 5 DAYS LEFT
Replies: 5
Views: 4767

Re: WRONG DATE ON TICKET IN CANADA... ONLY 5 DAYS LEFT

This forum deals with traffic matters in Ontario, so I'm not sure if anyone will be able to help you.

In Ontario, I don't think the charge would be withdrawn, since it sounds like you received a summons, not a ticket. Errors can be corrected on summons, whereas on regular tickets they can't be amended outside of trial. It may be different in ...
by Stanton
Sun Nov 20, 2011 10:15 am
Forum: General Talk
Topic: 103.1 (2) on a Power-Assisted Bicycle
Replies: 14
Views: 4456

Re: 103.1 (2) on a Power-Assisted Bicycle

My response wasn't meant to be harsh.

If you simply want more time to pay, your best option would be to select option 2, plead guilty with an explanation. Upon entering your guilty plea, the JP should give you the opportunity to speak to the sentence. That would be your chance to advise the Court of your financial situation. The JP doesn't ...
by Stanton
Sun Nov 20, 2011 12:22 am
Forum: General Talk
Topic: 103.1 (2) on a Power-Assisted Bicycle
Replies: 14
Views: 4456

Re: 103.1 (2) on a Power-Assisted Bicycle

As stated above, the fact that you weren't aware of the law isn't a defence, even if a dealer misinformed you.

To get a reduced fine, there are two options. First, you could speak with the Crown,and see if they'll offer you a plea deal. Basically in exchange for pleading guilty, they'll recommend a reduced fine. You could also plead guilty with an ...
by Stanton
Sun Nov 20, 2011 12:21 am
Forum: General Talk
Topic: Am I going to have another license suspension interview?
Replies: 1
Views: 1510

Re: Am I going to have another license suspension interview?

Demerit points should only stay on your record for two years from the date of the offence, not conviction. You should be at zero points now, but can always confirm this with the MTO.
by Stanton
Sun Nov 20, 2011 12:17 am
Forum: Traffic Offences Outside Ontario
Topic: WRONG DATE ON TICKET IN CANADA... ONLY 5 DAYS LEFT
Replies: 5
Views: 4767

Re: WRONG DATE ON TICKET IN CANADA... ONLY 5 DAYS LEFT

First, what Province did this occur in? Each has different ways of dealing with Provincial matters.

Second, if you're required to attend Court, it's a summons, not a ticket. I find it hard to believe that even a Prosecutor would be at the Courthouse on a Saturday, but I guess it's possible. I'd contact the police service and confirm the Court date.
by Stanton
Sun Nov 20, 2011 12:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar Gun Error Code & Incomplete Disclosure
Replies: 24
Views: 8861

Re: Radar Gun Error Code & Incomplete Disclosure

I think what Bear is trying to say, you're not quite home free just by showing a car was behind you. ;)

It's a possible defence, but it would take some skillful articulation and questioning.
by Stanton
Sat Nov 19, 2011 9:22 am
Forum: Courts and Procedure
Topic: Disclosure request interval
Replies: 20
Views: 6804

Re: Disclosure request interval

It used to be 1 year for an 11b, now it's closer to 9 months. See this topic here: http://www.ontariohighwaytrafficact.com/topic3881.html

As for the training certificate, I'd suspect it should have a date on it, but there is no requirement to provide any documentation. Case law has said it's not something required in disclosure, and any concerns ...
by Stanton
Fri Nov 18, 2011 1:21 pm
Forum: Summon
Topic: Can I change my mind about fighting a ticket?
Replies: 3
Views: 3341

Re: Can I change my mind about fighting a ticket?

You shouldn't need to attend in person. If you fail to attend your trial, the Court assumes you no longer dispute the charge and you're simply convicted in absentia.
by Stanton
Fri Nov 18, 2011 12:27 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Convicted, Paid, Going to appeal help
Replies: 1
Views: 1678

Re: Convicted, Paid, Going to appeal help

I'm not sure an appeal would be granted in your case based on the circumstances. Probably best you consult with a paralegal.

Just be aware, there is no guarantee if you get a new trial that the Crown will offer a plea deal. Also, if the ticket was lowered at the roadside, they could raise the speed back up to the full amount at the new trial.
by Stanton
Thu Nov 17, 2011 8:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar Gun Error Code & Incomplete Disclosure
Replies: 24
Views: 8861

Re: Radar Gun Error Code & Incomplete Disclosure

Its difficult to state if the E was actually an error code or not, without knowing what type of device was being used, and if it actually was the letter E (many devices display weirdly shaped letters thanks to the limits of the display).

Just so youre aware, many types of radar can determine direction of travel, so the fact that vehicles were ...