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I wouldnt worry about the seatbelt ticket. The Crown will most likely withdraw the charge if theres no prospect of conviction. Just make sure your daughter attends Court and brings some type of government identification with her date of birth on it. If she was 16 at the time of the offence, youre not responsible for her seatbelt use and wouldnt be ...

Interesting. Ive got kind of mixed opinions as to whether its a valid charge or not. It wasnt really being operated at the time of the accident, but it was obviously operated prior to the crash itself. Did you make any type of admission to the police about parking it? If so that would be sufficient grounds to lay the charge. They dont actually have ...

Is your address wrong or the offence location? Neither are fatal errors, though offence location is more significant then driver's address.

The short answer is yes, police do have the authority to tow vehicles from private property. They have to have some justifiable reason and a lawful authority to do so, but it's still possible off the roadawy. If you feel it wasn't justified in your case, I suggest consulting with a lawyer and seeing what they have to say.

KWhite wrote:I heard from a relative that the justice of the peace has the option of changing the charge if they see fit

Not true.

Hi Stanton, sorry for not being clear. The exact wording is "Red light - Fail to stop". The Section is: 144(18)

As I mentioned, I was turning right. I don't know why I was charged with failing to stop on red light. When you mentioned ask for disclosure, how do I do that? I already pleaded not guilty and have a court date. Now, how do I request ...

I'm not sure what you've actually been charged with. Please confirm the actual charge wording, section and fine. The charge wording and fine you've posted don't sound right.

If youve been charged with red light fail to stop, the fact that it was a dedicated turn lane is irrelevant. Red light offences are absolute liability offences, meaning there ...

The proper charge would have been under section 141 or 142, both of which cover turning movements. As you've said, section 136 covers stops signs and doesn't even really apply to what happened. I think there's a very good chance the Crown will simply withdraw the charge if you try and fight it.

Just to clarify something, if you're involved in an accident, you should only share insurance info with other driver, never your driver's license, right?
That's incorrect.

Youre actually required by law to provide your drivers licence number. Heres a quick summary of what the different acts say you must provide.

The Criminal Code simply states ...

Speak with the Crown and see what they offer. As long as you consent, it can be plead to pretty much anything even remotely related.

I was under the impression that police cars at speed traps had to visible from a certain distance away. Is this still true??

No, and it's never been true to my knowledge. Some police services may have policies recommending certain levels of visibility (i.e. wearing a reflective vest when directing traffic), but it's irrelevant to the offence ...

Where is your mailing address on file? With the MTO? I was under the impression that everything got sent to your licence address. I've never heard of having a separate mailing address on file for the Ministry.

Probably bogus, but it sounds like the other driver hit/hopped a curb to avoid an accident, not simply braked. If that's the case I can see damage from the curb strike, and technically that could be considered an accident.

I've seen former OPP spokesperson Cam Woolley on TV saying it's not illegal, which surprised me. Probably most officers wouldn't care, but I'd agree with Simon that's it could be construed as illegal with certain officers/circumstances.

Question to articles of traffic act....what is
5759520 a
5759521 a....with 7(1)

Where are you getting those numbers from? I'm not sure what you mean by articles.

Section 7(1)(a) covers expired validations stickers. Section 128 would cover speeding.

If those numbers are the giant ones at the top of the ticket, they simply refer to the ticket ...

No twenty four hour rule, the law simply says forthwith (basically as soon as practicable). In my opinion the false report clearly shows that she had the opportunity to notify the police earlier, but failed to do so (in that she provided false information). She likely will face serious insurance rate hikes upon conviction, so it may be worth ...

o a copy of both sides of the officers copy of the ticket (Notice of Offence); - DID NOT RECEIVE Probably not relevant unless he made notes on the back of the ticket. But if you have his notes, this won't be the case.


o a typed version of any hand written notes; - DID NOT RECEIVE Only applicable if you honestly can't read the notes.


o any ...

Im actually somewhat surprised she wasnt charged criminally with public mischief, an arguably much more serious charge. While I do give her credit for eventually doing the right thing, I would have to say she did commit the offence of failing to report, because she didnt notify the police "forthwith" and allowed a false report to be made prior.

If you were pulling out of a private parking lot and got hit, fail to yield from private drive would work. It's under section 139(1) and carries 3 demerit points.

That wording is a little confusing. You did receive your ticket on the correct form, as traffic tickets are known as offence notices and say so right on the top. They're what's known as a Part I form, whereas parking tickets are issued on different forms known as Part II's.

Below is a link to a Ministry page with what a regular traffic ticket ...

Is it normal to tow the car?
If there's no insurance, yes. It can't be legally operated on the roadway. Police are under no obligation to verify if you have insurance, the onus is on you to have proof. They're just starting to roll out a computer database where officers can verify if you have insurance, but it's still not accessible from most ...

Ive always kind of liked when motorists pull to the nearest edge. On a busy multilane highway with no shoulder, I often find it easier to drive right down the middle lane. That way everyone can pull over to whichever side has more room. Sometimes if you stick to the left lane motorists cant move over because the centre lane is too blocked. But on a ...

You could try meeting with the Crown and see if they'll offer you a plea to a lesser charge such as driving without a licence. It still carries a $325 fine, but it's less then drive suspend, has less serious insurance implications and there would be no additional suspension upon conviction. If no deal is possible, I'd also suggest seeking legal ...

Thanks for the response,the pedals are removable by design,they are a safetty hazard in normal operation.None of the scooter style E-bikes can be propelled by muscle power.

Courts won't accept that they're a safety hazard, they're required by law. I've seen some where the pedals fold in, to me that would be legal as they're still attached and ...

15 over has no points.

http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml

The laws are spread all over the place making them confusing and a little hard to research. The big issue in your case seems to be that your bike didn't have any pedals attached. They must have pedals and aren't supposed to be operated without them. Minus the pedals, you no longer qualify as a power assisted bicycle.

The Highway Traffic Act ...

Have you received no disclosure or is something missing? Your oral motion sounds correct to request a stay, assuming the Crown hasn't provided something they should have. As for a stay based on unreasonable delay, have you filed any forms? Or are you just trying an oral motion?

As for the cross examination it's hard to provide specific tips ...

It seems like a lot of people really don't know what to do when they see an emergency vehicle with its lights and sirens on. Some are oblivious and just keep driving, some panic and lock up the brakes and some actually pull over and yield right of way. It seems faster sometimes just leave the lights off rather then wait for the gridlock to clear as ...

Sounds like enough time has gone by for 11b. Again though, if you're leaving Ontario and you have to hire someone, I'm not sure you'll save much if anything.

Test your knowledge of the Highway Traffic Act.

See if you can spot the Highway Traffic Act violation in the following video:

[youtube]http://www.youtube.com/watch?v=XihQeZpwqpE[/youtube]


Answer: If you guessed expired val tag, you're correct!