Search found 2111 matches

by Stanton
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: 3448

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 ...
by Stanton
Tue Aug 02, 2011 11:00 am
Forum: General Talk
Topic: Police orders to drive vehicle to another location. Legal?
Replies: 13
Views: 4619

Re: Police orders to drive vehicle to another location. Lega

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.
Impaired driving comes to mind. While criminal, you're still required to attend a testing facility and provide samples of your breath.
by Stanton
Tue Aug 02, 2011 9:54 am
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 2442

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 ...
by Stanton
Tue Aug 02, 2011 9:43 am
Forum: Compulsory Automobile Insurance Act
Topic: Failure To Provide Insurance Card?
Replies: 13
Views: 18013

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 ...
by Stanton
Tue Aug 02, 2011 9:27 am
Forum: General Talk
Topic: Police orders to drive vehicle to another location. Legal?
Replies: 13
Views: 4619

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 ...
by Stanton
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: 3448

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.
by Stanton
Mon Aug 01, 2011 10:24 pm
Forum: General Talk
Topic: Police orders to drive vehicle to another location. Legal?
Replies: 13
Views: 4619

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 ...
by Stanton
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: 7275

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.
by Stanton
Mon Aug 01, 2011 8:29 pm
Forum: Summon
Topic: I have a few questions.
Replies: 14
Views: 4467

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 ...
by Stanton
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: 7275

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.
by Stanton
Mon Aug 01, 2011 4:34 pm
Forum: General Talk
Topic: Yellow Arrow
Replies: 2
Views: 1714

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.
by Stanton
Sun Jul 31, 2011 9:25 pm
Forum: General Talk
Topic: Failure to Submit Insurance and Ownership...
Replies: 3
Views: 4533

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 ...
by Stanton
Sun Jul 31, 2011 4:36 pm
Forum: Red Light Camera Ticket
Topic: Red light camera ticket in a fleet vehicle
Replies: 2
Views: 5236

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 ...
by Stanton
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: 7275

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 ...
by Stanton
Sun Jul 31, 2011 9:59 am
Forum: General Talk
Topic: Failure to Submit Insurance and Ownership...
Replies: 3
Views: 4533

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 ...