Search found 2111 matches

by Stanton
Sat Sep 24, 2011 10:41 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: tagged by laser gun for exceeding 20 over, reduced to 5 over
Replies: 4
Views: 2435

Re: tagged by laser gun for exceeding 20 over, reduced to 5

Contact your insurance provider to find out if one conviction will impact your insurance. Just be aware if you go to trial the Crown will most likely raise the ticket back up to 20 over, which would be about a $100 fine and 3 demerit points upon conviction.
by Stanton
Fri Sep 23, 2011 12:21 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 122 in a 90, received some disclosure need help deciphering
Replies: 13
Views: 3797

Re: 122 in a 90, received some disclosure need help decipher

A speed reading of the other vehicle isn't really relevant. If the officer noted you were passing it, it simply eliminates the possibility that the speed reading he obtained was of the other vehicle. Even if he did get a reading of the other vehicle, since you were passing it you were going at least just as fast.

Accuracy argument is also somewhat ...
by Stanton
Fri Sep 23, 2011 12:15 pm
Forum: Failing to report a collision to a police officer
Topic: Parking Lot Accident
Replies: 2
Views: 5519

Re: Parking Lot Accident

My understanding of the fault determination rules in your circumstances would make you 100% at fault. If there is a dispute over the actual damage done, you may have to involve your insurance provider or go through the Courts.
by Stanton
Thu Sep 22, 2011 8:52 am
Forum: General Talk
Topic: failure to surrender license (g2)
Replies: 4
Views: 3369

Re: failure to surrender license (g2)

Any reason why you didn't tell the officer your instructor had your licence?

There is nothing in law that states the licence needs to be kept on your person, just that it needs to be surrendered on demand. As long as your instructor could have produced it, you're complying with the law.
by Stanton
Thu Sep 22, 2011 8:49 am
Forum: Red Light Camera Ticket
Topic: red light camera ticket
Replies: 1
Views: 4200

Re: red light camera ticket

You can select option 2, plead guilty with an explanation, and tell the JP about your financial status. They typically will reduce fines.

If you select option 3 (not guilty) I would try and work out a plea deal with the Crown ahead of time for a reduced fine. If you actually go to trial, a reduction is less likely.
by Stanton
Thu Sep 22, 2011 8:44 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Should I fight this ticket
Replies: 12
Views: 5043

Re: Should I fight this ticket

Your ticket should show a fine of $260 and total payable of $325.

$260 Fine
$60 Surcharge
$5 Court costs
by Stanton
Thu Sep 22, 2011 8:35 am
Forum: Careless Driving
Topic: Careless driving
Replies: 2
Views: 1693

Re: Careless driving

You stated it's her only conviction implying she's already been found guilty. If that's the case, there is little you can do. If not, she should get legal representation to fight the charge or seek a plea deal to something less serious.
by Stanton
Tue Sep 20, 2011 12:29 am
Forum: General Talk
Topic: Cellphone ticket while looking for address
Replies: 20
Views: 6308

Re: Cellphone ticket while looking for address

Everyone, thank you very much for your input.

I would go for a trial. Based on the link provided "The law makes it illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices". I wasn't don't any of these.
It does state though it should be mounted, so it looks ...
by Stanton
Sun Sep 18, 2011 3:54 pm
Forum: Failing to obey signs
Topic: Centre turn lane as a passing lane
Replies: 9
Views: 6968

Re: Centre turn lane as a passing lane

Technically speaking even if the other person illegally used the turn lane, you could still be charged for failing to yield from a private drive. Under insurance fault determination rules which are separate from the HTA, you'd be 100% at fault as well I believe.
by Stanton
Sun Sep 18, 2011 9:29 am
Forum: General Talk
Topic: HTA Information
Replies: 8
Views: 3280

Re: HTA Information

Court decisions are public with few exceptions and available to everyone. Contact the Courthouse to enquire about the actual process to request one. Typically you pay a nominal deposit before they review the transcript to give you an estimate of the final cost. The longer the trial, the more you pay, but expect at least $100 in costs.

Just curious ...
by Stanton
Sun Sep 18, 2011 12:18 am
Forum: General Talk
Topic: Cellphone ticket while looking for address
Replies: 20
Views: 6308

Re: Cellphone ticket while looking for address

I would be interested to know if drinking coffee is allowed or not while driving.

The act itself isn't illegal per se, but the potential for a careless driving charge does exist. It would need to be shown that holding/drinking your coffee resulted in you driving without due care and attention.

A cup of coffee isn't a "device" as defined by the ...
by Stanton
Sat Sep 17, 2011 11:00 am
Forum: General Talk
Topic: Cellphone ticket while looking for address
Replies: 20
Views: 6308

Re: Cellphone ticket while looking for address

The fact that you were stopped at a red light and/or looking for an address is irrelevant, the charge is still valid and won't be dismissed.

You could select option 2 and request a reduced fine or option 3 and work out a plea deal with the Crown.
by Stanton
Tue Sep 13, 2011 11:27 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding safely, apprehended dangerously!
Replies: 13
Views: 4675

Re: Speeding safely, apprehended dangerously!

I'm not debating the merits of our speeding laws, and don't necessarily disagree with some of your opinions. I'm just telling you from personal experience the Courts don't like to hear you describe your actions as safe or justified.

As Viper said, review the disclosure against you, see if they have a solid case. It will then be time to decide if ...
by Stanton
Tue Sep 13, 2011 11:08 am
Forum: Careless Driving
Topic: Careless Driving and the pre-trial Process
Replies: 1
Views: 2432

Re: Careless Driving and the pre-trial Process

You could certainly request a meeting right away and see what the Crown is willing to offer. You're under no obligation to accept the deal at that time, and can just politely advise the Crown you'll make your final decision once you've reviewed disclosure.
by Stanton
Tue Sep 13, 2011 11:06 am
Forum: Failing to stop for a school bus
Topic: Advice on what to do - failing to stop for school bus
Replies: 5
Views: 5602

Re: Advice on what to do - failing to stop for school bus

It is very unlikely the police would go to the effort of trying to identify the driver short of their being an accident or something similar. Being charged as the owner will not impact your insurance rates.
by Stanton
Tue Sep 13, 2011 10:57 am
Forum: Failing to obey signs
Topic: Centre turn lane as a passing lane
Replies: 9
Views: 6968

Re: Centre turn lane as a passing lane

It would be somewhat dependent on the signage. If the turn lane simply has arrows painted on the ground, it has little meaning. If there are actual signs indicating the lane is for left turns only, then a passing maneuver would likely be illegal. It would also be somewhat dependent on the actions of the driver who stopped to let you in, and if they ...
by Stanton
Tue Sep 13, 2011 10:49 am
Forum: Summon
Topic: Summons delivered Sept 8 for offense from March 3/11???
Replies: 1
Views: 2787

Re: Summons delivered Sept 8 for offense from March 3/11???

1) Most Provincial charges need to be laid within six months of the offence. I'm not sure if that means to the day, or just by the end of the month. Obviously if yours falls outside that window it's an easy dismissal for you.

2) Regular tickets need to be served within 30 days of the offence, hence why they're proceeding by summons. It doesn't ...
by Stanton
Tue Sep 13, 2011 10:38 am
Forum: Failing to stop for a school bus
Topic: Advice on what to do - failing to stop for school bus
Replies: 5
Views: 5602

Re: Advice on what to do - failing to stop for school bus

If you weren't stopped by police at the time of the offence, it's unlikely you'll be charged as the driver, since that would require you being identified. More likely if they recorded your plate the registered owner of the vehicle will be charged. If you're charged as the registered owner, there are no demerit points. You'll also likely receive the ...
by Stanton
Tue Sep 13, 2011 9:11 am
Forum: General Talk
Topic: Cellphone ticket - clarification and plea bargain...
Replies: 1
Views: 3249

Re: Cellphone ticket - clarification and plea bargain...

1) In Ontario, insurance companies classify offences as minor, major or serious. Any charge, be it an unsigned document or speeding offence, can raise your rates.
2) Possibly. While both are likely minor offences, two could result in a minor increase (rough guess 10%).
3) Not possible
4) Your best bet is to contact your provider and ask directly ...
by Stanton
Mon Sep 12, 2011 11:51 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding safely, apprehended dangerously!
Replies: 13
Views: 4675

Re: Speeding safely, apprehended dangerously!

I can't help but think that this charge will be dismissed if I can effectively demonstrate that the officer's actions were substantially more dangerous than mine. Thoughts?

Absolutely not, the officers actions have no bearing on your speeding charge. You'll have to fight the speeding/stunt charge on the strength of the evidence and/or seek a ...
by Stanton
Sat Sep 10, 2011 10:52 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Advice to presenting case
Replies: 13
Views: 3684

Re: Advice to presenting case

1) No, there is no charter violation whatsoever.

2) There would certainly be nothing wrong with pursuing the matter. At the very least you're likely to get a plea deal to a lesser speed/fine. If you feel the disclosure doesn't accurately cover the issues you've raised, it may be worth going to trial.

3) Don't know, but the actual laser model ...
by Stanton
Sat Sep 10, 2011 10:44 am
Forum: Failing to stop for a school bus
Topic: stopping for school bus on 4 lane highway
Replies: 1
Views: 5843

Re: stopping for school bus on 4 lane highway

No, unless there is a median the traffic should be stopping. The number of lanes is irrelevant.
by Stanton
Fri Sep 09, 2011 12:31 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 140kph on 401 rear facing radar question
Replies: 2
Views: 3064

Re: 140kph on 401 rear facing radar question

as i have a BC license and the points will not be applied as its out of province. its just the principal of the thing, i dont think i was doing the 140 period.

I would confirm that with the BC ministry that looks after licencing. The Canada Driver Licence Compact states that all Provinces are to exchange conviction information and apply ...
by Stanton
Thu Sep 08, 2011 12:59 am
Forum: General Talk
Topic: no plate light, should i fight it?
Replies: 7
Views: 9302

Re: no plate light, should i fight it?

1) Any conviction can impact insurance rates, check with your provider to find out. It would be a minor conviction, so a rate increase should be minimal if any.

2) The Justice of the Peace can't withdraw the charge, he can only find you guilty or not guilty. Only the Crown can withdraw the charge. The JP can however offer you a reduced fine for ...
by Stanton
Tue Sep 06, 2011 6:34 pm
Forum: Compulsory Automobile Insurance Act
Topic: Failure To Provide Insurance Card?
Replies: 13
Views: 18298

Re: Failure To Provide Insurance Card?

The fact that an act states you must carry the document is sufficient to indicate it must be original. When copies are allowed, the act will spell out these exemptions.

In terms of specifics, looks at the definitions at the start of Compulsory Automobile Insurance Act. The act states you must carry an insurance card, and defines an insurance card ...
by Stanton
Tue Sep 06, 2011 2:24 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?
Replies: 19
Views: 7826

Re: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?

Ok, I think I understand what you're asking. You could certainly confirm with the officer that he obtained the model year for your vehicle from the ownership (which is standard practice). I wouldn't say it's a big help in your case though.
by Stanton
Tue Sep 06, 2011 12:56 pm
Forum: General Talk
Topic: 2 tickets..what are my options/chances
Replies: 5
Views: 2085

Re: 2 tickets..what are my options/chances

I think you got a pretty good break at the side of the road since you weren't charged with driving under suspension. I doubt the Crown will offer any further deals.

I don't think blaming Canada Post will be all that successful. You still have to explain why you didn't pay your fine and how you'd be reasonably unaware of your suspension.
by Stanton
Tue Sep 06, 2011 12:43 pm
Forum: Compulsory Automobile Insurance Act
Topic: Failure To Provide Insurance Card?
Replies: 13
Views: 18298

Re: Failure To Provide Insurance Card?

The compulsory automobile insurance act simply states that you must surrender the insurance card, there is no option for a "true copy" like with the vehicle ownership. I've always understood this to mean you must surrender the original document.

As for Court, assuming you were charged with not having proof of insurance, you can't show that it was ...
by Stanton
Tue Sep 06, 2011 12:32 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?
Replies: 19
Views: 7826

Re: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?

Guys, exit question before tomorrow court.
The officer's note saying Toyota 2006. The year is correct, but the model is really 2003. So, the note is apparently made after I was stopped and documents are checked (with the after the fact knowledge). Can I argue with this evidence? As it is based on the past knowledge and proves only the fact of ...
by Stanton
Mon Sep 05, 2011 9:35 pm
Forum: Driving While Suspended
Topic: License suspended as of August 29th. No warning?
Replies: 4
Views: 2295

Re: License suspended as of August 29th. No warning?

The MTO won't wave the suspension unless it was given in error, which doesn't apply in your case. The Courts however are understanding that a licence is often required to earn an income and will offer payment plans. Just attend your local courthouse and ask them how to go about the process. Once you're on the plan, you can get your licence back ...