Search found 2111 matches
- Tue Aug 02, 2011 11:47 am
- Forum: Failing to remain at the scene of a collision
- Topic: some questions - please help me out :(
- Replies: 5
- Views: 3630
Re: some questions - please help me out :(
I believe it eventually would be suspended assuming Ontario notifies the other Province of the non-payment. My understanding is that when you exchange your licence between Provinces, BC (to use as an example) would ask Ontario for a copy of your abstract/conviction history. If the charge was still before the Courts, it obviously wouldnt show yet ...
- Tue Aug 02, 2011 11:00 am
- Forum: General Talk
- Topic: Police orders to drive vehicle to another location. Legal?
- Replies: 13
- Views: 4856
Re: Police orders to drive vehicle to another location. Lega
Impaired driving comes to mind. While criminal, you're still required to attend a testing facility and provide samples of your breath.peterboro wrote: There may be other examples but I cant think of any other situations where you are required by law to go with a police officer and assist in potentially incriminating yourself.
- Tue Aug 02, 2011 9:54 am
- Forum: General Talk
- Topic: Need some advice on Court proceedings -very confused
- Replies: 10
- Views: 2716
Re: Need some advice on Court proceedings -very confused
If the appeal is successful, a new trial would be ordered. At that time, you could make a request for disclosure in the matter. I wouldn't worry about it until you hear if the appeal has been successful.
In regards to a plea deal, I don't see any reason why they still wouldn't offer you one. It's still simpler for everyone involved and ...
In regards to a plea deal, I don't see any reason why they still wouldn't offer you one. It's still simpler for everyone involved and ...
- Tue Aug 02, 2011 9:43 am
- Forum: Compulsory Automobile Insurance Act
- Topic: Failure To Provide Insurance Card?
- Replies: 13
- Views: 18298
Re: Failure To Provide Insurance Card?
Here's the actual section from the Compulsory Automobile Insurance Act:
Operator to carry insurance card
3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(b) an insurance card evidencing that the operator is insured under a contract of automobile ...
Operator to carry insurance card
3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(b) an insurance card evidencing that the operator is insured under a contract of automobile ...
- Tue Aug 02, 2011 9:27 am
- Forum: General Talk
- Topic: Police orders to drive vehicle to another location. Legal?
- Replies: 13
- Views: 4856
Re: Police orders to drive vehicle to another location. Lega
Agree, "as directed by police" is the key. I can see you might have an argument if you were stopped in Toronto but directed to North Bay for the testing since it's supposed to be expedient, but I've never heard of Courts finding fault with directions to attend local testing areas. If you read 82(3), you'll also see that you can be served written ...
- Tue Aug 02, 2011 9:08 am
- Forum: Failing to remain at the scene of a collision
- Topic: some questions - please help me out :(
- Replies: 5
- Views: 3630
Re: some questions - please help me out :(
1) Failure to show results in you being found guilty.
2) I believe it would still show. While a pending charge wouldn't show on an abstract, reciprocal agreements make convictions Canada wide. Be aware that if you fail to pay the fine in Ontario, you would definitely be suspended Canada wide, regardless if the conviction shows.
2) I believe it would still show. While a pending charge wouldn't show on an abstract, reciprocal agreements make convictions Canada wide. Be aware that if you fail to pay the fine in Ontario, you would definitely be suspended Canada wide, regardless if the conviction shows.
- Mon Aug 01, 2011 10:24 pm
- Forum: General Talk
- Topic: Police orders to drive vehicle to another location. Legal?
- Replies: 13
- Views: 4856
Re: Police orders to drive vehicle to another location. Lega
Safety inspections are covered under section 82 of the Highway Traffic Act. It allows police to make a demand to the operator of a motor vehicle to submit it for a safety inspection at a different location. Failure to do so can result in a fine of up to $1,000 for a regular vehicle or $20,000 for a commercial motor vehicle. Failure to comply could ...
- Mon Aug 01, 2011 8:39 pm
- Forum: Failing to obey the directions of a police officer
- Topic: DISOBEY OFFICER DIRECTING TRAFFIC
- Replies: 7
- Views: 7447
Re: DISOBEY OFFICER DIRECTING TRAFFIC
Contact your provider as it varies from one provider/plan to the next. They typically classify any offence (regardless of points) as either a minor or major offence. Minor offences result in minimal (if any) increase, while major ones cause your rates to double or more. My only concern is that your offence could be considered a major offence.
- Mon Aug 01, 2011 8:29 pm
- Forum: Summon
- Topic: I have a few questions.
- Replies: 14
- Views: 4567
Re: I have a few questions.
1) Delay to trial will be jurisdiction dependent, but will typically take a few months. It's based partly on Court backlog and availability of both the Crown and officer.
2) You should be able to speak with the Crown on your first appearance date. Typically there are a few Crowns on hand, some in the Court running trials while others are outside ...
2) You should be able to speak with the Crown on your first appearance date. Typically there are a few Crowns on hand, some in the Court running trials while others are outside ...
- Mon Aug 01, 2011 7:49 pm
- Forum: Failing to obey the directions of a police officer
- Topic: DISOBEY OFFICER DIRECTING TRAFFIC
- Replies: 7
- Views: 7447
Re: DISOBEY OFFICER DIRECTING TRAFFIC
JP's can't do anything over points, they can only offer a reduced fine. The only way to avoid points is to be found not guilty, or try to work out a plea deal with the Crown to a different offence that doesn't carry any points.
- Mon Aug 01, 2011 4:34 pm
- Forum: General Talk
- Topic: Yellow Arrow
- Replies: 2
- Views: 1821
Re: Yellow Arrow
Same as any other amber light, if you're already in the intersection you proceed with caution. So in your example you'd complete the turn if it's safe to do so.
- Sun Jul 31, 2011 9:25 pm
- Forum: General Talk
- Topic: Failure to Submit Insurance and Ownership...
- Replies: 3
- Views: 4683
Re: Failure to Submit Insurance and Ownership...
Pick option 3. Option 2 only allows you to plead guilty to the charges as is, they can't drop one. You'll have to ask the local courthouse how you go about scheduling a first attendance meeting, every jurisdiction is a little different.
You don't have to go to trial with option 3, if you work out a reasonable deal with the Crown you can change ...
You don't have to go to trial with option 3, if you work out a reasonable deal with the Crown you can change ...
- Sun Jul 31, 2011 4:36 pm
- Forum: Red Light Camera Ticket
- Topic: Red light camera ticket in a fleet vehicle
- Replies: 2
- Views: 5353
Re: Red light camera ticket in a fleet vehicle
Since the driver cant be identified, red light camera tickets are the responsibility of the vehicle owner to look after and pay. If you were driving but arent the owner, there is nothing under the Highway Traffic Act that compels you to pay the fine, but the company has to.
That being said, many companies have policies in place that hold their ...
That being said, many companies have policies in place that hold their ...
- Sun Jul 31, 2011 10:07 am
- Forum: Failing to obey the directions of a police officer
- Topic: DISOBEY OFFICER DIRECTING TRAFFIC
- Replies: 7
- Views: 7447
Re: DISOBEY OFFICER DIRECTING TRAFFIC
Youll simply have to be as articulate as possible in Court about the conditions, your equipment and how you were driving. The Justice of the Peace will have to weigh your evidence against that of the officer(s) and ultimately make the determination if you were driving with due care and attention and could have been reasonably expected to see the ...
- Sun Jul 31, 2011 9:59 am
- Forum: General Talk
- Topic: Failure to Submit Insurance and Ownership...
- Replies: 3
- Views: 4683
Re: Failure to Submit Insurance and Ownership...
Some jurisdictions will withdraw the charges if you bring proof that you had such documents on the date of the offence, but I dont believe its common practice. However its quite likely that the Crown will withdraw one charge in exchange for a guilty plea on the other and/or offer a reduced fine. It will probably be partly dependent on why you were ...
- Sat Jul 30, 2011 8:40 pm
- Forum: Failing to obey the directions of a police officer
- Topic: DISOBEY OFFICER DIRECTING TRAFFIC
- Replies: 7
- Views: 7447
Re: DISOBEY OFFICER DIRECTING TRAFFIC
There is no set requirement for a RIDE program and how it should be run. The Courts would expect the police to take reasonable steps to make the themselves visible (i.e. flashing lights, reflective vests, etc.) to motorists. The police would have to show the Court that other motorists were able to see them and stop. If you decide to testify ...
- Sat Jul 30, 2011 8:26 pm
- Forum: Stunt Driving
- Topic: 137 in a 50, what should i do?
- Replies: 1
- Views: 1783
Re: 137 in a 50, what should i do?
I wouldn't say it's a guarantee, but it's a possibility. I certainly have seen the Crown drop the stunt driving charge in exchange for a plea to the speeding in the past. Regardless, I'd suggest seeking representation. You're facing some serious consequences if you're found guilty.
- Fri Jul 29, 2011 8:51 pm
- Forum: General Talk
- Topic: Question about Turning left on a red light
- Replies: 4
- Views: 2674
Re: Question about Turning left on a red light
If you were at a full stop before you made your left turn, you're probably in the clear. I believe the speed of a vehicle crossing the stop line has to be somewhere between 20-30 km/hr for the camera to activate. This prevents the camera from activating every time someone makes a right hand turn after stopping on a red. So it can only really catch ...
- Fri Jul 29, 2011 8:38 pm
- Forum: General Talk
- Topic: Suspended License Due to Health Condition
- Replies: 1
- Views: 3625
Re: Suspended License Due to Health Condition
I would attend a licencing office in person and explain the situation. Have them verify the status of your licence and see if you need to do anything as a precaution. It can easily take a few days for the Ministry to process a suspension request and mail out the notice. It shouldnt be an issue reactivating your licence with the new physicians ...
- Fri Jul 29, 2011 8:30 pm
- Forum: Going the wrong way on a one-way road
- Topic: Turned on to One Way Street at light
- Replies: 1
- Views: 6940
Re: Turned on to One Way Street at light
Demerit points cannot be changed. The only way to avoid them is to be found not guilty or see if the Crown will offer a plea deal to a different offence with fewer/no points. You can always go to trial, but it doesnt really sound like you have much of a defence. It would be more a matter of making the Crown go through all the motions for a ...
- Fri Jul 29, 2011 7:31 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 40 over led to License suspension! AHH!
- Replies: 3
- Views: 2494
Re: 40 over led to License suspension! AHH!
Once youre convicted the suspension will be automatically applied by the Ministry. Im not aware of any means to dispute it. Your best bet is to immediately notify the Courts you wish to plead not guilty. You can try fighting the ticket outright, or work out a plea deal. If you get your speed reduced to 29 over you'll only face 3 demerit points ...
- Thu Jul 28, 2011 8:01 pm
- Forum: General Talk
- Topic: E-Bikes and the HTA
- Replies: 30
- Views: 14811
Re: E-Bikes and the HTA
Once again we're comparing a scooter style e-bike to a normal bicycle. The two don't primarily operate the same way therefore should not be compared to each other.
No, we (or at least me) are comparing it a limited speed motorcycle. I agree it's definitely not a bicycle, hence why it shouldn't be treated as one. I'm not really hearing any reason ...
No, we (or at least me) are comparing it a limited speed motorcycle. I agree it's definitely not a bicycle, hence why it shouldn't be treated as one. I'm not really hearing any reason ...
- Thu Jul 28, 2011 9:52 am
- Forum: Summon
- Topic: I have a few questions.
- Replies: 14
- Views: 4567
Re: I have a few questions.
The date on your summons is essentially a first appearance. Your matter will not necessarily be resolved that day, unless you did wish to enter a guilty plea to all charges. If you decided to plead not guilty, the actual trial would be scheduled on a different date. You most likely will have a chance to speak with the Crown (not the JP) to see ...
- Thu Jul 28, 2011 9:46 am
- Forum: General Talk
- Topic: Fail to produce required infromation
- Replies: 5
- Views: 1774
Re: Fail to produce required infromation
All tickets are charges and anytime you plead guilty theres a conviction. I think youd have a hard time convincing the Court you didnt understand that. It explains on the back of the ticket what a guilty plea entails.
Im also somewhat suspicious that the police officer said that. Im thinking there was a serious miscommunication if thats what you ...
Im also somewhat suspicious that the police officer said that. Im thinking there was a serious miscommunication if thats what you ...
- Wed Jul 27, 2011 6:06 pm
- Forum: General Talk
- Topic: Fail to produce required infromation
- Replies: 5
- Views: 1774
Re: Fail to produce required infromation
How do you plan to reopen the matter if you've already plead guilty? I don't believe your current reason is sufficient for Court purposes.
- Wed Jul 27, 2011 6:05 pm
- Forum: General Talk
- Topic: E-Bikes and the HTA
- Replies: 30
- Views: 14811
Re: E-Bikes and the HTA
Without comparing it to ANY other vehicles. Can anyone provide a logical reason why the scooter style e-bike should require pedals on them?.
They're supposed be a muscular powered vehicle, hence the exemptions that are granted for them. If you're not using muscle power to propel them, how are they any different then a limited speed motorcycle ...
They're supposed be a muscular powered vehicle, hence the exemptions that are granted for them. If you're not using muscle power to propel them, how are they any different then a limited speed motorcycle ...
- Wed Jul 27, 2011 5:59 pm
- Forum: Failing to obey signs
- Topic: Got a ticket for doing a rolling stop...
- Replies: 2
- Views: 2410
Re: Got a ticket for doing a rolling stop...
You should contact the courthouse right away. If you missed your scheduled date, you may have been convicted in absentia. That could result in your licence being suspended if you now have an outstanding fine which has not been paid.
- Wed Jul 27, 2011 5:51 pm
- Forum: Courts and Procedure
- Topic: How to file an 11B
- Replies: 96
- Views: 118316
Re: How to file an 11B
It's just the minimum, unfortunately no guarantee. Still very dependent on the jurisdiction and JP.actng wrote:my 1 yr and 25 days still got quashed in court!
- Tue Jul 26, 2011 6:47 pm
- Forum: General Talk
- Topic: E-Bikes and the HTA
- Replies: 30
- Views: 14811
Re: E-Bikes and the HTA
Id argue the requirement to have pedals isnt unreasonable, because its supposed to be a vehicle that can be propelled by muscular power. If the vehicle cant be propelled by muscular power, it simply falls under a different vehicle classification, a limited speed motorcycle. LSMs, like e-bikes, are perfectly legal to operate, they simply have a few ...
- Mon Jul 25, 2011 9:12 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 157km reduced to 149km on 401
- Replies: 2
- Views: 2802
Re: 157km reduced to 149km on 401
My Questions:
-What are my options?
-How much does insurance increase given this circumstance?
-Is it worth getting a traffic lawyer and how much do they cost?
-Any other information would be great.
1) Due to the reduction the officer already gave you, it's quite unlikely the Crown will offer you any further plea deal. Your options will probably ...
-What are my options?
-How much does insurance increase given this circumstance?
-Is it worth getting a traffic lawyer and how much do they cost?
-Any other information would be great.
1) Due to the reduction the officer already gave you, it's quite unlikely the Crown will offer you any further plea deal. Your options will probably ...