Search found 2111 matches

Youll probably be offered a plea deal where they drop the stunt driving charge in exchange for a plea to the speeding offence. They may also reduce the speeding offence to 49 over, which would be beneficial in terms of insurance implications. Most insurance providers consider anything under 50 over to be a minor offence with minor insurance ...

Dorota wrote:(reduced fine is $85, full fine is $110)

I think you've misread the ticket. The total fine you owe (where it says total payable) should be $110. $85 is the base amount of the fine but processing fees and surcharges are added on to reach a total payable of $110.

Unfortunately your friend is wrong. Tickets do not list demerit points, they are assigned by the Ministry post conviction.

The problem I see with your scenario is that it can clearly be shown you made a u-turn but it would be harder to prove the other driver failed to stop for a red light.

The police do not send a copy to the insurance company.

I'm not sure that's accurate. Many of the collision reporting centres are partially funded by insurance companies and they ...

I agree with Mugwug. This isnt a situation where you just ignore it and hope for the best. Id consult with an experienced traffic lawyer ASAP. You have legal requirements to report an accident under both the HTA and your insurance policy, but such compelled statements arent typically admissible in Court if youre charged.

My main concern would be ...

Theoretically, yes, your actions could have activated the red light camera. If this was at night, you should have noticed a very bright flash from the camera if it actually activated. In your situation, the fact that you noticed your error and quickly stopped might have saved you. Red light cameras require you to hit a set speed (typically around ...

I don't disagree with you that Toronto's parking fines are extremely high. Parking in a handicap spot carries a higher fine then a careless driving conviction. In fairness to Toronto however, congestion is so bad that they really need to add a strong disincentive to prevent people clogging roadways during rush hour.
the sign said no stopping, and ...

Can you explain what a courtesy charge is? Never heard of it before.

When it comes to traffic offences the legal definition of certain words can be quite different from the word's common usage.

For instance, the legal definition of highway includes all roadways:
"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is ...

You really need to check with your insurance provider to see what they classify as a major versus minor speeding ticket. Most in my experience consider anything under 50 over as a minor offence, whereas some apparently set a lower threshold.

Failing to have your licence and failing to identify yourself are two separate offences. The section you're looking at explains what information you must provide police with when you don't have your licence. It doesn't nullify the actual offence of not having your licence with you.

Your trial will be for the actual offence you were charged with. If youre found guilty it will be for careless driving, not the lesser offence offered in the plea deal.

While youre not required to be present at trial if you have representation, the identity issue suggest by Jsherk is unlikely to be of any benefit to you. Courts frequently rely on ...

Unless you received a summons instead of a regular ticket, you're not actually required to attend Court. You can simply pay the fine and be done with it.

Judging from your picture it looks like the messy handwriting is on the payment notice sheet (the one you mail in with your ticket along with the payment). I'm not even sure why the officer bothered filling that out, I've never seen it done before. Regardless, it is NOT a fatal error. A fatal error would be an incorrect fine on the actual Offence ...

Did you receive an electronic ticket where the ticket itself is typed? If so there would be no handwritten notes. The officer simply types out his notes along with the ticket. Otherwise, even if it is a dictated report, there should be some form of handwritten notes to go along with it.

Just a thought... What about if I stop a red light, my coffee gets knocked over onto the passenger side floor, I take my seat belt off to reach over and pick it up (while the vehicle is still stopped at the light), then put my seat belt back on before proceeding.

There's some case law (York Regional Municipality v. Tassone) from the Court of ...

Called the courthouse and they said they will never transfer it. OPP can issue tickets anywhere in Ontario and the officer that gave me mine must have been from Napanee and I have to go there. I said to her, "so if the officer was from Windsor and he was in in Trenton i'd have to drive to Windsor?" and she said yes. That seems pretty stupid to me ...

The Provincial Offences act actually allows for matters to be heard in adjoining jurisdictions to where the offence occurred as long as it's within "reasonable" proximity. It actually allows for officers to issue tickets for their local court when they observe offences in neighbouring areas.

At the very least you'll want to request an early resolution meeting with the Crown. Typically when there are multiple charges, they'll offer you a deal where they drop one or two charges in exchange for a guilty plea on the rest. Before making any decisions about a plea deal though, you'll want to review the evidence against you. At the very least ...

Failing to stop for a red light should be considered a minor offence. The impact on your insurance would be no different then if you'd been charged with improper turn, etc.

In terms of your defence you'll obviously want to review the officer's notes and dash video if available. Raising reasonable doubt that the light wasn't red obviously becomes ...

I agree with Daggx. I would certainly argue in Court that it's lawful to have open alcohol in the trunk as it's in no way readily accessible to the driver. Too bad you didn't take it to Court, I imagine the Crown would have simply withdrawn the charge.

In future, I would also suggest you don't consent to a search in those circumstances. Police ...

I don't think your mother was charged under the correct section. Section 141(6) deals with the requirement for drivers to use the left most lane when making a left turn (which your mother did). I believe the correct charge would be under section 141(5) or 142(1), both of which lay out the requirement for drivers to yield right of way to approaching ...

Yes, officers are paid to attend Court, it's part of their job. One of the main reasons Court is scheduled on their working days is to avoid the payment of overtime.

Decatur wrote: They're not legal in Ontario and it's the drivers reonsibility the be familiar with our laws.

I know both the Niagara and Windsor border crossings into Ontario have multiple large signs warning motorists that radar detectors are not allowed.

It's an interesting idea for a defence, but ultimately I think the charge is still applicable.

Some of the relevant sections from the HTA:
A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,
(a) at the sign or roadway marking indicating where the stop is to be made;
(b) if there ...

Well first off is it an actual Provincial offence ticket issued by an actual bylaw officer or something served by a private company on private property?

Also, what is the offence, act and section number on your ticket?

I just called my insurance company and they told me the accident is at my fault. It does not matter even if my tire broke down because I lost control. Police have not sent them anything, no tickets nothing. I am assuming I am going to charged now and just guessing I am gonna charged for careless driving. Because at that time I did not know my tire ...

OK well the law does Stat that a cyclist is to have the same responsiblis as a vehicle and is considered a vehicle on roads. So if I were driving and I didn't check my blind spot and turned right and hit a cyclist I'd be at fault so now the other way around its my friends?? That's what I can't get around. Is there anything we can use to fight it ...

It certainly sounds like your friend would be at fault. From your description of events the cyclist signalled and made a lawful turn. Unfortunately your friend misunderstood the signal and made an illegal pass striking the cyclist. It's not the cyclist's legal responsibility to check their blindspot before turning.

Id argue the decision would vary on a case by case basis. People in stressful situations could easily drive beyond their ability and/or limits and obviously the last thing you want in a medical emergency is a crash. An escort also probably wouldnt be a wise option either since you still have an emotional person behind the wheel and the officer ...