Search found 2111 matches

by Stanton
Mon Sep 05, 2011 9:24 pm
Forum: General Talk
Topic: question about disclosure. advice please.
Replies: 2
Views: 1442

Re: question about disclosure. advice please.

Doubtful they'll withdraw, typically they'll ask for an adjournment to a new date. I'd personally suggest providing your phone number. I know ticket combat recommends against it, but I've seen a few courts taking a dim view of not providing such basic info. They basically (correctly) see it as a stalling tactic or simply trying to inconvenience the ...
by Stanton
Mon Sep 05, 2011 11:41 am
Forum: Driver failing to wear a seat belt
Topic: Passenger in the back seat failing to wear seatbelt
Replies: 4
Views: 12363

Re: Passenger in the back seat failing to wear seatbelt

There is no guarantee or set amount they'll lower the fine. Typically you can work out a deal with the Crown, but there's no set amount.

There are no points for seat belt offences unless you're the driver.
by Stanton
Sat Sep 03, 2011 10:27 am
Forum: Careless Driving
Topic: Careless driving in severe rain
Replies: 3
Views: 1988

Re: Careless driving in severe rain

Careless driving is a difficult charge to prove, but I wouldn't say your girlfriend's charge is completely baseless. You are required to drive according to the conditions, and you would have to show that the weather/road condition change was so sudden, that there was no way to expect it or to react to it. The officer didn't actually have to charge ...
by Stanton
Sat Sep 03, 2011 10:14 am
Forum: General Talk
Topic: Two questions about right turn
Replies: 3
Views: 1459

Re: Two questions about right turn

1) As long as it's a designated right hand turn lane, I'm not aware of anything in the HTA that prohibits you turning right on a red, regardless if it's the curb side lane or not. To prohibit such an action there would need to be a posted sign advising no right turns on red light. I'd still be very careful about making that turn though, as it's not ...
by Stanton
Tue Aug 30, 2011 5:28 pm
Forum: General Talk
Topic: Handwritten speeding ticket, errors, officer retiring
Replies: 3
Views: 2111

Re: Handwritten speeding ticket, errors, officer retiring

1) If the charge wording has been corrected on both copies, I don't think it's an issue.
2) Intersection is not required unless it's an intersection related offence (i.e. red light, stop sign).
3) As long as he obtained your licence and can confirm your identify, there is no need for the other documents or to check your name on the computer.
4) He ...
by Stanton
Tue Aug 30, 2011 8:16 am
Forum: Stunt Driving
Topic: NEED HELP - Stunt charge - Some initial questions please
Replies: 20
Views: 14612

Re: NEED HELP - Stunt charge - Some initial questions please

1) Unfortunately trials must take place in the jurisdiction where the offence occurred. If attending in person is difficult, consider hiring someone to represent you.

2) I've never heard of a trial proceeding on the first date. Even if the Crown was ready, you could easily request an adjournment due to the fact you have no disclosure and can ...
by Stanton
Tue Aug 30, 2011 8:02 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Pulled over for speeding when already stopped
Replies: 1
Views: 1842

Re: Pulled over for speeding when already stopped

It's certainly quite plausible the officer obtained your vehicle speed on radar and may have done so before you even started to slow down. If you have any doubts, you should request disclosure and see what the evidence against you is. Without knowing what the officer's actual observations are it's difficult to give advice on how to proceed.
by Stanton
Tue Aug 30, 2011 7:42 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket, convicted, want to appeal based on error
Replies: 6
Views: 3119

Re: Speeding ticket, convicted, want to appeal based on erro

What speed were you actually charged with? $301 would be correct total fine for 41 over, can't figure out where they get $406 from.
by Stanton
Mon Aug 29, 2011 4:23 pm
Forum: Summon
Topic: 72 hour vehicle equipment warning
Replies: 1
Views: 3412

Re: 72 hour vehicle equipment warning

If the headlight charge is under section 62 of the Highway Traffic Act, you should be able to have it withdrawn. To the best of my understanding, it's only an offence to have burnt out headlights during hours when they must must be on. As long as it was a half hour past sunrise and the weather was good, there was no offence. As for providing the ...
by Stanton
Mon Aug 29, 2011 4:15 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 34163

Re: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hi

I'm not an admin, but I believe his other post was simply merged into this one, so all the information would be in one place. I think all the info is on page 3 of this thread.
by Stanton
Mon Aug 29, 2011 4:11 pm
Forum: Improper left turn
Topic: turn not in safety ticket - Left Turn Collision
Replies: 3
Views: 13184

Re: turn not in safety ticket - Left Turn Collision

You can't request a lesser charge with option 2, the Justice of the Peace can only reduce your fine. If you select option 3 the Crown may be able to offer you a less serious charge, but I'm not sure what they could change it to. Most likely they'll simply offer you a reduced fine.
by Stanton
Mon Aug 29, 2011 4:08 pm
Forum: Driving While Suspended
Topic: Does a Suspended licence carry over to other provinces?
Replies: 2
Views: 13293

Re: Does a Suspended licence carry over to other provinces?

If the suspension is a criminal one (i.e. convicted of impaired driving) then it's Canada wide. Even if you were able to obtain a licence elsewhere, you still can't legally drive. If you were caught driving it would be a criminal offence, not a Provincial one.
by Stanton
Mon Aug 29, 2011 4:00 pm
Forum: Failing to remain at the scene of a collision
Topic: FAIL TO REMAIN. HELP
Replies: 7
Views: 5134

Re: FAIL TO REMAIN. HELP

It is unlikely the Crown could present their case without the officer being present. If the officer fails to attend on the date of the trial, it's possible the matter could be withdrawn or simply adjourned to another date. It will be dependent on the jurisdiction, length of time that's passed and reason that the officer failed to attend.
by Stanton
Mon Aug 29, 2011 3:57 pm
Forum: Driver failing to wear a seat belt
Topic: Best course of action for a 1st time no seatbelt ticket?
Replies: 5
Views: 12122

Re: Best course of action for a 1st time no seatbelt ticket?

When you request a trial, the officer will have to provide disclosure to the Crown's office regardless if you've requested it or not.

As for Court, there is no attendance list for officers. Just look around, see if you recognize the officer or you could simply ask another officer if she's present.
by Stanton
Mon Aug 29, 2011 3:49 pm
Forum: General Talk
Topic: Some advice please?
Replies: 1
Views: 1573

Re: Some advice please?

In my experience, the Crown is usually willing to offer reasonable plea deals for what I'd call "administrative" charges like yours. Get everything up to date right away, and request a first attendance meeting with the Crown. Take in proof of your updated licence, ownership and insurance and see what they offer. Hopefully they'll drop a couple of ...
by Stanton
Mon Aug 29, 2011 8:43 am
Forum: Driver failing to wear a seat belt
Topic: Best course of action for a 1st time no seatbelt ticket?
Replies: 5
Views: 12122

Re: Best course of action for a 1st time no seatbelt ticket?

Yes, you can change your plea to guilty at any time during the process. If the fine is the only issue, also considering asking the Crown about a plea deal to a lesser fine.

I'm not sure what you mean about discrediting the officer. He will be allowed to use his notes to refresh his memory, so unless they're incomplete or very inaccurate, he'll ...
by Stanton
Sun Aug 28, 2011 4:38 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice for speaking with prosecutor
Replies: 1
Views: 1812

Re: Advice for speaking with prosecutor

You can certainly try, but typically they won't offer any further reduction on a ticket that has already been reduced.
by Stanton
Sun Aug 28, 2011 4:36 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 137 in a 90km/h
Replies: 2
Views: 1911

Re: 137 in a 90km/h

The only way to be sure is to contact your actual insurance provider. What speed is considered a major offence varies from one insurance provider to the next.

As for fighting the ticket, there is always a chance, but it's very dependent on the actual circumstances and the evidence against you. If your ticket wasn't reduced at the roadside, you ...
by Stanton
Sun Aug 28, 2011 4:31 pm
Forum: Careless Driving
Topic: Careless driving ticket for obstructing a cop's pursuit
Replies: 14
Views: 4353

Re: Careless driving ticket for obstructing a cop's pursuit

I imagine the only option is to attend in person. You'll have to contact the Crown's office to see if there are any alternatives.
by Stanton
Fri Aug 26, 2011 8:17 pm
Forum: Failing to remain at the scene of a collision
Topic: FAIL TO REMAIN. HELP
Replies: 7
Views: 5134

Re: FAIL TO REMAIN. HELP

You are required to report accidents as soon as possible, there is no 24 hour grace period. You're also not allowed to leave the scene unless it's necessary to obtain help, etc.
by Stanton
Fri Aug 26, 2011 3:17 pm
Forum: Stunt Driving
Topic: "stunt driving" 154 in a 100 Hwy 407.... Help :(
Replies: 3
Views: 6012

Re: "stunt driving" 154 in a 100 Hwy 407.... Help :(

There is no set fine for stunt driving, so a summons is required. Since a summons isn't a charging document (like a regular ticket) the spelling errors aren't what would be considered a fatal error where the charge could simply be withdrawn.

I'd simply attend on your first Court date and enter a plea of not guilty while you consider how you want ...
by Stanton
Fri Aug 26, 2011 3:07 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Charged with HTA 136 1 9 disobey stop sign, failed to stop
Replies: 11
Views: 6723

Re: Charged with HTA 136 1 9 disobey stop sign, failed to st

I don't know how much luck you'd have simply getting the ticket tossed. If you do go to trial, the Crown can easily amend the section number, thereby nullifying any possible error.

To force an error, you have to simply ignore the ticket. A Justice of the Peace will eventually examine your ticket, and if they notice an error, the ticket will be ...
by Stanton
Fri Aug 26, 2011 8:09 am
Forum: Courts and Procedure
Topic: Enough for 2nd trial adjournment?
Replies: 2
Views: 2296

Re: Enough for 2nd trial adjournment?


2) Short-forms - I do not know the meaning of the short-forms which is crucial to ensure that I understand all the evidence used against me: 3630381AAB#, RDR 7033, ASD, ARHEQ139, 10.11.09 SANDIA

Can help a little with some of the short forms.
3630381AAB looks like it's been crossed out, so probably not relevant.
Not sure what RDR 7033 is.
ASD ...
by Stanton
Fri Aug 26, 2011 8:02 am
Forum: Failing to remain at the scene of a collision
Topic: FAIL TO REMAIN. HELP
Replies: 7
Views: 5134

Re: FAIL TO REMAIN. HELP

Based on your description of events, it certainly sounds like you committed the offence. Just because the damage appeared to be under $1,000 doesn't mean you can drive off, even if you feel you weren't at fault. While the police not having observed your vehicle may weaken the case a little, it appears they have a witness who can attest to the fact ...
by Stanton
Thu Aug 25, 2011 6:55 pm
Forum: General Talk
Topic: police request for ID
Replies: 4
Views: 5752

Re: police request for ID

While thats generally correct, Id disagree somewhat since the obligations of a police officer will vary based on the nature of the stop, namely if its criminal or Provincial investigation.

Investigative detention, which is geared for criminal matters, does require that the officer advise you of the reason for the stop, provide you with your ...
by Stanton
Thu Aug 25, 2011 6:22 pm
Forum: Courts and Procedure
Topic: If convicted, how long for insurance companies to learn?
Replies: 5
Views: 6362

Re: If convicted, how long for insurance companies to learn?

I too have often wondered about the "right" and laws regarding Insurance companies having access to this information. Aside from telling them yourself when you are renewing or updating a Policy I can't see how they would have "legal" access to this information. Case in point is that one of the Forum members mentions that an Insurance Company can ...
by Stanton
Wed Aug 24, 2011 6:23 pm
Forum: Careless Driving
Topic: careless driving
Replies: 1
Views: 1847

Re: careless driving

I don't understand why you were charged with careless. Based on your short synopsis, there is no basis for the charge. Is there some additional details you've left out? Did the officer explain to you why he was charging you?
by Stanton
Wed Aug 24, 2011 2:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136Kph in a 100Kph Need HELP! Advice
Replies: 4
Views: 2144

Re: 136Kph in a 100Kph Need HELP! Advice

Speeding tickets are a little confusing because the fines listed in the HTA are different from the set fines used by police. For 30-49 over, the set fine is $6 per km/hr over the limit, so your ticket is correct. The higher fines in the HTA are to be used by JP's in Court if you're convicted at trial, etc.