Search found 2111 matches

by Stanton
Wed Oct 12, 2011 1:17 pm
Forum: Courts and Procedure
Topic: Appealling an old ticket that has been already payed for?
Replies: 2
Views: 1731

Re: Appealling an old ticket that has been already payed for

You have 30 days to reopen a matter after a conviction and require a valid reason to do so. To the best of my knowledge, your reasons wouldn't be accepted in Court.

As for the G1 violation, the fact that a full G driver was with you is irrelevant. They should have been driving, not you.

Contact your insurance provider to find out what kind of ...
by Stanton
Wed Oct 12, 2011 1:07 pm
Forum: Driving While Suspended
Topic: Drive While Suspended
Replies: 1
Views: 1888

Re: Drive While Suspended

On your first Court date, talk with the Crown about a plea deal. Explain the situation fully, be polite, and stress your clean driving record. There's a reasonable chance they'll let you plead down to the offence of drive motor vehicle, no licence (the charge you normally get for driving with an expired licence). It's a about a $300 fine, carries ...
by Stanton
Wed Oct 12, 2011 1:01 pm
Forum: Careless Driving
Topic: Help with my careless driving charge?
Replies: 13
Views: 10185

Re: Help with my careless driving charge?

Further, your statement may not be admissible if it was not given under a caution.

Simon

What does "under caution" consist of? If the officer at the reporting centre simply asks you what happened and you say you hit the car, is your statement given under caution or does the officer have to make some kind of statement first?

Once a police ...
by Stanton
Wed Oct 12, 2011 12:53 pm
Forum: General Talk
Topic: The Fast Lane
Replies: 24
Views: 7574

Re: The Fast Lane

Yes, you must yield to faster vehicles. They may be committing an offence by speeding, but you're still committing an offence by not yielding. One doesn't cancel out the other.

As for what a police officer would, that would be entirely up to them. I personally would rather see lane hogs get a ticket versus someone going slightly over on the ...
by Stanton
Wed Oct 12, 2011 12:42 pm
Forum: Summon
Topic: Demerit Points help!!!
Replies: 1
Views: 2770

Re: Demerit Points help!!!

You would receive 3 demerit points if convicted. As a fully licenced class G driver, 7 points would result in a warning letter.

In terms of a reduction, you will have to speak with the Crown and see if they offer you any type of plea deal. They would need to reduce it to 15 over for no demerit points. I'm not sure what your chances are of getting ...
by Stanton
Sun Oct 09, 2011 12:09 pm
Forum: General Talk
Topic: I got pulled over but did not get a ticket
Replies: 2
Views: 2075

Re: I got pulled over but did not get a ticket

You could possibly still be charged by summons, but it's unlikely. It would have been much simpler for the officer to issue the summons at the side of the road.

Most likely all that's happened is the officer notified suspension control that your licence was seized and you're now aware of your suspension. That means if you get stopped again ...
by Stanton
Sat Oct 08, 2011 8:55 am
Forum: General Talk
Topic: invalid permit
Replies: 2
Views: 2030

Re: invalid permit

Whenever Ive obtained a permit for a new motor vehicle, changed my address or replaced a lost ownership, there was no evidence of validation affixed to the back. The MTO always advised that the expiry and permit number printed on the front was sufficient. They simply dont provide a new sticker unless its damaged, expired or lost.

I personally ...
by Stanton
Fri Oct 07, 2011 7:23 pm
Forum: Courts and Procedure
Topic: 11b - Good News
Replies: 13
Views: 8941

Re: 11b - Good News

A quick read of the decision makes it sound like this should apply to straight forward tickets (i.e. officer observed you do something illegal). Still sounds like more time will be allowed for more complicated trials (i.e. serious MVC with multiple witnesses).
by Stanton
Fri Oct 07, 2011 7:22 pm
Forum: General Talk
Topic: Go Bus Ignore sign
Replies: 13
Views: 2332

Re: Go Bus Ignore sign

So there are people exiting the 401 eastbound on Salem Rd. only to change their minds and decide to re-enter the same 401 eastbound?

While I cant say with certainty what Ajax traffic engineers had in mind, typically its done to help ease congestion. My guess would be when the 401 eastbound is backed up, that would make a nice little alternate to ...
by Stanton
Fri Oct 07, 2011 3:16 pm
Forum: Courts and Procedure
Topic: 11b - Good News
Replies: 13
Views: 8941

Re: 11b - Good News

Interesting read, thanks for the link.
by Stanton
Fri Oct 07, 2011 12:33 pm
Forum: General Talk
Topic: Go Bus Ignore sign
Replies: 13
Views: 2332

Re: Go Bus Ignore sign

diehard wrote:Trying to understand what the issue really is here....

http://g.co/maps/4k5zf
There are four signs indicating no through traffic, two prior to the intersection two on the traffic lights. There are also lane signs posted prior to the intersection indicating the left and centre lane are for left turns only, and the right lane for right turns only.
by Stanton
Thu Oct 06, 2011 6:10 pm
Forum: General Talk
Topic: Go Bus Ignore sign
Replies: 13
Views: 2332

Re: Go Bus Ignore sign

Certainly not good, but even professional drivers have "moments". I'd be curious if the driver just wasn't familiar with the route, or just decided to take a chance.

As for fault determination, I think someone turning could have a possible defence, especially if the bus driver was charged with disobey sign by the police.
by Stanton
Wed Oct 05, 2011 4:42 pm
Forum: Prohibited turns
Topic: No right turn during certain times
Replies: 10
Views: 4427

Re: No right turn during certain times

No, the fact that a sign has been changed/removed isnt grounds to have the charge withdrawn. Its very unlikely the officer has no notes on the sign, or else the Crown wont be able to prove the charge. Request disclosure and go from there. Youll have to base your defence on the officers notes and your own independent recollection.
by Stanton
Sun Oct 02, 2011 8:34 pm
Forum: Compulsory Automobile Insurance Act
Topic: 17 years old, 1 month old car, 7 tickets. Any help?
Replies: 22
Views: 11490

Re: 17 years old, 1 month old car, 7 tickets. Any help?

1) Court date is listed on the summons
2) Obtain insurance, proper plates, etc. to show your vehicle is now road legal, then talk with the Crown about a possible plea deal.

I know representation may seem expensive, but it may be worth borrowing money off parents, etc. as you can't afford to get convicted on everything.
by Stanton
Sun Oct 02, 2011 3:17 pm
Forum: General Talk
Topic: Drinking and driving laws
Replies: 2
Views: 1794

Re: Drinking and driving laws

2) I understand RIDE spot checks are technically a Charter breach and case law has stated that it is the exception to the Charter protected right to not be abritrarily detained but what jurisdiction of court made this the fact... is the Charter legislation really constantly being changed as a result of case law... are basic human rights that the ...
by Stanton
Fri Sep 30, 2011 6:38 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 74 in 50 Zone, reduced to 65 !!
Replies: 3
Views: 3040

Re: 74 in 50 Zone, reduced to 65 !!

1) It wont be changed to a parking infraction since that has nothing to do with speeding. While sometimes HTA matters are plead out to bylaw infractions, it would have to be something related. For instance, many prohibited turns in Toronto are plead out to a bylaw charge relating to prohibited turns or disobeying a sign. The fact that your speeding ...
by Stanton
Fri Sep 30, 2011 3:33 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Amber light fail to stop contrary HTC 144( 18) Ticket $ 325
Replies: 6
Views: 4906

Re: Amber light fail to stop contrary HTC 144( 18) Ticket $

Just noticed the fine amount in your title. While the total fine for red lights is $325, I believe the total fine for amber lights is less, just $180.

Between the incorrect fine and section number, I think you have a ticket that should be quashed. Hopefully someone else can verify this.

Basically you need to ignore the ticket, hope the Justice of ...
by Stanton
Fri Sep 30, 2011 3:21 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 40 over, what to do!?
Replies: 3
Views: 1769

Re: 40 over, what to do!?

1) As the above poster somewhat said, your understanding of police and quotas and how they work is more myth then fact. Police are required to appear in Court, and not doing so is neglect of duty. Barring some type of emergency or other conflict, expect them to attend. Its also unlikely in my opinion youll get much, if any reduction on a ticket ...
by Stanton
Thu Sep 29, 2011 5:09 pm
Forum: Red Light Camera Ticket
Topic: Gray Area in Photos, 0.7 seconds after yellow
Replies: 1
Views: 3779

Re: Gray Area in Photos, 0.7 seconds after yellow

1) As its an absolute liability offence, that fact that you were trying to stop is irrelevant. You either did or you didnt.
2) Maybe someone else can clarify, but I was under the impression the camera only measures your speed when you first enter the intersection. The information at the top of the photo may not correspond with the actual instant it ...
by Stanton
Thu Sep 29, 2011 4:43 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Amber light fail to stop contrary HTC 144( 18) Ticket $ 325
Replies: 6
Views: 4906

Re: Amber light fail to stop contrary HTC 144( 18) Ticket $

If the charge wording on your ticket says "Amber light - Fail to Stop" but lists section 144(18), it's incorrect. The correct section is 144(15), while section 144(18) is for red lights. It's possibly a fatal error.

The other option is to go to trial and see if the Crown can prove their case and explain how/why you felt you couldn't stop safely.
by Stanton
Thu Sep 29, 2011 10:59 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Fail to Stop - Light changed to red half-way thru
Replies: 4
Views: 4590

Re: Red Light Fail to Stop - Light changed to red half-way t

The fact that multiple persons were stopped in short period of time is not evidence of any type of quota system. Speaking from personal experience, there is no shortage of traffic offences that officers regularly witness and they certainly dont need to compromise their integrity by writing bogus tickets.

Much more likely is that the officer truly ...
by Stanton
Wed Sep 28, 2011 3:01 pm
Forum: Careless Driving
Topic: momentary distraction
Replies: 8
Views: 2468

Re: momentary distraction

Agreed, your statement sounds like an admission of careless driving. The good thing is it's a tough charge to prove, especially if you didn't provide a statement, but not one you want to risk being convicted of.

Have you talked with the Crown about a plea deal to a lesser offence? They usually offer one and it's certainly better to plead out to ...
by Stanton
Wed Sep 28, 2011 2:58 pm
Forum: Prohibited turns
Topic: No Left Turn from a Dedicated Left Turn Lane
Replies: 3
Views: 4286

Re: No Left Turn from a Dedicated Left Turn Lane

Looking at the intersection on Streetview, I don't see any signs posted indicating you must turn left (square black signs with white arrows). It would also be legal I believe to stop, signal and merge back into a through lane.

I agree it's a stupid design to have a left turn lane that you can't use at certain hours, but I'm not sure you have a ...
by Stanton
Wed Sep 28, 2011 11:39 am
Forum: General Talk
Topic: Transport trucks and 400 series highways
Replies: 4
Views: 7531

Re: Transport trucks and 400 series highways

I don't believe it applies to collector lanes. In the express lanes there are signs posted typically on every other overpass indicating no trucks in the left lane.
by Stanton
Wed Sep 28, 2011 11:37 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) - Fail to Stop at Red Light prior to right turn
Replies: 2
Views: 2917

Re: HTA 144(18) - Fail to Stop at Red Light prior to right t

Poor weather/slippery roads is irrelevant as it's an absolute liability offence so the Crown only needs to show you didn't stop. The fact that your disclosure included part of another ticket is also irrelevant.

If your matter does take more then a year to reach trial, and none of the delays are attributed to you (i.e. you didn't ask for an ...
by Stanton
Tue Sep 27, 2011 6:12 pm
Forum: General Talk
Topic: Legal use of a center left turn-lane.
Replies: 1
Views: 1819

Re: Legal use of a center left turn-lane.

There is no specific section. Use of the lane would depend on signage (i.e. signs indicating left turn lane only, not road markings) and actions of other drivers that may allow for legal passing in such a lane.
by Stanton
Tue Sep 27, 2011 6:09 pm
Forum: Failing to obey signs
Topic: 182 (2) - Right Hand Turn
Replies: 2
Views: 1985

Re: 182 (2) - Right Hand Turn

You could seek a plea deal to a lesser offence that doesn't carry any demerit points or fight the charge outright and hope you're found not guilty (probably not likely).

Don't get too focused on demerit points though unless you're about to lose your licence because of them. Insurance providers go by convictions, not points.
by Stanton
Tue Sep 27, 2011 6:06 pm
Forum: Failing to stop for a school bus
Topic: My stupid mistake
Replies: 2
Views: 2712

Re: My stupid mistake

For you to be charged as the driver, the bus driver would need to identify you. If they obtained your plate, the registered owner of the vehicle would be charged. The latter is more likely.

1) Charged by mail, could be several weeks
2) Whichever parent is the RO will receive the charge
3) No impact on insurance if you're charged as the owner, only ...
by Stanton
Sat Sep 24, 2011 5:50 pm
Forum: General Talk
Topic: Turning right on a red light from Multiple Right Turn Lanes
Replies: 7
Views: 4632

Re: Turning right on a red light from Multiple Right Turn La

My understanding is that yes, it's legal, assuming you turn into the correct (far) lane.
by Stanton
Sat Sep 24, 2011 2:17 pm
Forum: Careless Driving
Topic: momentary distraction
Replies: 8
Views: 2468

Re: malfunctioning brakes

My question is does having a braking system that wasn't performing properly constitute careless driving

Assuming the vehicle is properly maintained and the failure could not reasonably be predicted, I would say no.

You would need some type of mechanical inspection report to support this type of defence however. Simply saying your brakes didn't ...