Search found 2111 matches

by Stanton
Thu Nov 17, 2011 8:23 pm
Forum: Careless Driving
Topic: Careless Driving Conviction and Appeal
Replies: 2
Views: 3032

Re: Careless Driving Conviction and Appeal

Typically for an appeal you need to show an error on the part of the Courts. Based on what you've said you don't have that.

The demerit points will stay on your wife's record for 2 years from the date of the offence (so another 6 months). Can't recall what the limit is for how far back your insurance provider can go, maybe 3-4 years?
by Stanton
Thu Nov 17, 2011 8:09 pm
Forum: Parking Tickets
Topic: Parking Ticket - Kitchener
Replies: 6
Views: 4660

Re: Parking Ticket - Kitchener

Actually, the OP said they photographed his vehicle. Many municipalities now have handheld electronic ticketing machines. They enter the plate into the device, photograph the vehicle and it prints out a ticket. The devices also store when/where the plate was last entered to determine if the vehicle is over the limit.
by Stanton
Thu Nov 17, 2011 4:59 pm
Forum: Parking Tickets
Topic: Parking Ticket - Kitchener
Replies: 6
Views: 4660

Re: Parking Ticket - Kitchener

They cant say with absolute certainty, but that isnt the standard required for Court. They could probably articulate reasonable grounds to believe the vehicle was there for the entire time, based on seeing it in the same location at two separate times. Its unfortunate in your case if that isnt what happened, but I dont see any way to dispute it ...
by Stanton
Thu Nov 17, 2011 3:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No Disclosure & I find out a reduced speeding penalty on day
Replies: 8
Views: 2428

Re: No Disclosure & I find out a reduced speeding penalty on

For a speeding offence the only standard disclosure would be the officer's notes and testing procedure of the speed measuring device.
by Stanton
Thu Nov 17, 2011 3:55 pm
Forum: Parking Tickets
Topic: Parking Ticket - Kitchener
Replies: 6
Views: 4660

Re: Parking Ticket - Kitchener

Youd have to check the actual bylaw section that you were charged under. Im not familiar with Kitcheners, but some city bylaws state not to park or repark within a period of X hours, so they cover vehicles that may leave and return.

If not, you could probably successfully fight the ticket in Court. Of course whether its worth spending a day in ...
by Stanton
Thu Nov 17, 2011 11:21 am
Forum: Careless Driving
Topic: Last minute advice needed (trial in 2hrs) - careless driving
Replies: 6
Views: 2845

Re: Last minute advice needed (trial in 2hrs) - careless dri

1) I think an adjournment would be reasonable since you're just receiving disclosure today. You could certainly request one and explain you wish to retain representation.
2) If you plead guilty to careless, you'll still receive 6 demerit points, that can't be changed. You'll have to see if the Crown is willing to offer you a plea to a lesser ...
by Stanton
Thu Nov 17, 2011 11:16 am
Forum: General Talk
Topic: Received Speeding Ticket After Parking and Exiting Vehicle
Replies: 2
Views: 1766

Re: Received Speeding Ticket After Parking and Exiting Vehic

As Squishy says, you cant be charged for speeding on private property, but you can still be given a ticket on private property for an offence that occurred on a public roadway.

The only issue I can see with the officer charging you after you return to your vehicle is identity. The officer would need to show in Court that you were the person ...
by Stanton
Wed Nov 16, 2011 5:28 pm
Forum: General Talk
Topic: Amber beacon
Replies: 3
Views: 4136

Re: Amber beacon

I don't believe there is any legislation pertaining to the use of a flashing amber beacon on a vehicle, so it's probably legal.
by Stanton
Tue Nov 15, 2011 9:24 pm
Forum: Driver failing to wear a seat belt
Topic: removed my seatbelt after policecar stopped me
Replies: 5
Views: 4635

Re: removed my seatbelt after policecar stopped me

I'm wondering if there's a typo on your trial notification, and they put speeding instead of seatbelt. If you never received a speeding ticket, that's probably the case. Request disclosure and see what the officer's notes say. As for the seatbelt charge, if you were wearing your seatbelt prior to being stopped, you'll need to testify to that in ...
by Stanton
Tue Nov 15, 2011 9:14 pm
Forum: General Talk
Topic: Question about collision - who is at fault
Replies: 4
Views: 1865

Re: Question about collision - who is at fault

Based on your explanation, I believe the other driver could be found at fault under the Highway Traffic Act and charged with change lane not in safety. He would also be 100% at fault under insurance fault determination rules, assuming it can be show the collision took place in your lane of travel.
by Stanton
Tue Nov 15, 2011 6:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 137 km/h in a 100km/h zone by aircraft patrol (Windsor)
Replies: 1
Views: 3186

Re: 137 km/h in a 100km/h zone by aircraft patrol (Windsor)

Assuming the ticket hasnt already been reduced, chances are very good the Crown will offer you plea deal to a lesser speed. I thinking asking for a reduction to 29 over would be reasonable, it carries one less demerit point and a fine of $138.75. You'd need to get it down to 15 over for no points, but it's extremely unlikely they'd reduce it that ...
by Stanton
Tue Nov 15, 2011 12:12 pm
Forum: General Talk
Topic: Cell Phone Ticket. Questions and do I have a defense?
Replies: 4
Views: 8944

Re: Cell Phone Ticket. Questions and do I have a defense?

diehard wrote:What about an emergency situation, where you call 911. Isn't that an exemption too?
Yes.
by Stanton
Mon Nov 14, 2011 11:51 pm
Forum: Parking Tickets
Topic: Parking in a Fire Route
Replies: 7
Views: 13303

Re: Parking in a Fire Route

1) That deadline simply refers to how long the City has to file a form with the Courts. It's not referring to when you actually received your notice of trial or the date of the trial (which I don't think would ever fall within 75 days).

2) Very unlikely you'd receive it in such a short time frame. You may be able to receive a copy at trial. It's ...
by Stanton
Mon Nov 14, 2011 8:32 pm
Forum: General Talk
Topic: License Plate cover - OPP / Police in General
Replies: 18
Views: 25420

Re: License Plate cover - OPP / Police in General

Last I heard, MTO has a five year warranty on issued plates covering manufacturing defects (faded paint, premature rust, etc.). I can't find this listed on their website.

I know they admitted to a problem with the paint they were using for a few years, resulting in all the faded letter plates you see driving around. The Ministry definitely did ...
by Stanton
Mon Nov 14, 2011 5:13 pm
Forum: Red Light Camera Ticket
Topic: Set Fine or Total Payable (online payment)
Replies: 1
Views: 4999

Re: Set Fine or Total Payable (online payment)

You're correct, you must pay the total payable. Victim surcharge and court costs are always added to the set fine.