Search found 2111 matches

by Stanton
Fri Jun 17, 2011 4:48 pm
Forum: Failing to remain at the scene of a collision
Topic: Odd Failure to Remain
Replies: 7
Views: 5978

Re: Odd Failure to Remain

Id strongly disagree with the above post. The charge your facing is very serious, and employing deceitful delay tactics is not recommended. There is certainly nothing wrong with asking for more time to prepare, but dont claim youre trying to find legal representation when youre not.

First step is to request disclosure and see what the evidence ...
by Stanton
Thu Jun 16, 2011 12:06 am
Forum: Driving While Suspended
Topic: suspended due to unpaid fine - court date in a few days
Replies: 11
Views: 4209

Re: suspended due to unpaid fine - court date in a few days

You want to try and work out a deal prior to entering a plea. Pleading guilty to the JP with an explanation is only recommended if you're seeking a reduced fine. JP's cannot change your plea to a less serious charge nor do they have any control over demerit points or any suspensions that the Ministry may apply on conviction.
by Stanton
Wed Jun 15, 2011 6:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Fighting the ticket on my own?
Replies: 1
Views: 1757

Re: Fighting the ticket on my own?

I know it is very unlikely that it will be withdrawn, but what are the chances I will get a plea bargain to have it changed to a lesser offense, ideally 0-15 over, if I go by myself? Zero over? Not likely. :D

But it's almost guaranteed they will offer you a plea to a reduced speed. By how much they'll reduce it really depends on the jurisdiction ...
by Stanton
Wed Jun 15, 2011 12:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Are police cars equipped with radars to ticket us?
Replies: 6
Views: 2958

Re: Are police cars equipped with radars to ticket us?

1- Where and how can I apply to get the officer notes and gather all the information that is with the crown to fight this?
You need to request disclosure. Usually there is a form that you can send it, but procedure varies from one jurisdiction to the next. Contact the Court office to confirm.

2- Are the police cars really equipped with radars ...
by Stanton
Wed Jun 15, 2011 10:59 am
Forum: Driving While Suspended
Topic: suspended due to unpaid fine - court date in a few days
Replies: 11
Views: 4209

Re: suspended due to unpaid fine - court date in a few days

There is supposed to be an additional 6 month suspension upon conviction for drive suspend.
by Stanton
Tue Jun 14, 2011 10:54 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Name Wrong & Possible Other Error
Replies: 4
Views: 2948

Re: Name Wrong & Possible Other Error

what I meant was where the victim surcharge is stated ie. explains why the ticket is higher the officer wrote a 65 there...

I can't picture where on the ticket the officer would write that, I don't recall a spot for that info. Any chance you can upload a scan of your ticket? Just remember to remove your name, address, DL#, plate and the officer ...
by Stanton
Tue Jun 14, 2011 1:48 am
Forum: Failing to obey signs
Topic: disobey sign staines rd & steeles ave
Replies: 4
Views: 2293

Re: disobey sign staines rd & steeles ave

If the sign is valid and visible, it won't really matter how long it's been up for. Quite a few people try to plead out to a bylaw offence due to the lower fine and potential to avoid it showing on your record (though some bylaws carry points as well).
by Stanton
Tue Jun 14, 2011 1:45 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Name Wrong & Possible Other Error
Replies: 4
Views: 2948

Re: Name Wrong & Possible Other Error

A minor spelling mistake with your surname wouldn't be considered a fatal error. An incorrect fine on the other hand could be.

There is no box for victim surcharge on a ticket, so I'm a little confused what you mean by that. There should be a box for the set fine then a second box for total payable which includes the set fine, victim surcharge and ...
by Stanton
Tue Jun 14, 2011 12:17 am
Forum: Driving While Suspended
Topic: suspended due to unpaid fine - court date in a few days
Replies: 11
Views: 4209

Re: suspended due to unpaid fine - court date in a few days

If this is the first time your matter has been scheduled for Court, it will only be to advise the Courts how you wish to plea and set a date for trial if needed. Nothing has to be finalised on your first appearance. Not sure about Toronto, but quite often you'll have a chance to speak with the Crown on your first attendance date. I'd confirm this ...
by Stanton
Mon Jun 13, 2011 6:04 pm
Forum: General Talk
Topic: I had the audacity to say something to a Police Officer....
Replies: 6
Views: 2524

Re: I had the audacity to say something to a Police Officer.

I don't think I can fight the ticket per se, I mean, I didn't have the proper documentation, that IS my fault.

I'd suggest a first attendance meeting with the Crown. Bring proper documentation showing that you did have insurance on the date of the offence. Some have been known (but no guarantee) to simply withdraw the charge if you can show all ...
by Stanton
Mon Jun 13, 2011 10:58 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Calibration discrepancy or sloppy writing - viable defence?
Replies: 18
Views: 6158

Re: Calibration discrepancy or sloppy writing - viable defen

Watcher, your opinions are well known, but those standards go well beyond what the Court requires, and aren't really much help to the OP. You're correct in that he'd probably have no chance of using those thoughts as an actual defence in Court, whereas a discrepancy between the speedo/radar would be accepted, regardless of scientific merit. I just ...
by Stanton
Sun Jun 12, 2011 3:28 pm
Forum: General Talk
Topic: Driving with Headphones, Legal?
Replies: 10
Views: 17425

Re: Driving with Headphones, Legal?

Because deaf people are allowed to drive which makes the argument of not being able to hear sirens a moot case.

I'd disagree. I don't think the Courts would be alright with reduced situational awareness if it were due to personal entertainment versus a disability. Rulings relating to excessive noise have often cited the fact it makes it ...
by Stanton
Sun Jun 12, 2011 3:12 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Calibration discrepancy or sloppy writing - viable defence?
Replies: 18
Views: 6158

Re: Calibration discrepancy or sloppy writing - viable defen

It certainly looks more like 60 then 50. If the officer testified at trial that there was a discrepancy between the radar/speedometer, that would certainly raise reasonable doubt, but more likely they'll just confirm it's a sloppy 50. An experienced paralegal might get a bit more mileage out of a mistake like that, but I'm not sure it's enough on ...
by Stanton
Sun Jun 12, 2011 2:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Family Death unconciously speeding 31 over
Replies: 4
Views: 2108

Re: Family Death unconciously speeding 31 over

Unfortunately speeding is an absolute liability offence, meaning that your state of mind isn't a justification that the courts will accept. While your situation may garner some sympathy, it won't result in a dismissal of the charge. If you're adamant about not having the conviction on your record, you'll have to simply go to trial and fight the ...
by Stanton
Fri Jun 10, 2011 9:23 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer parked in no parking spot, and they do that
Replies: 5
Views: 2418

Re: Officer parked in no parking spot, and they do that

Mr. Stanton if you are a lawyer I certainly would not hire you. When I say I stopped early to the stop line I mean my front bumper at the stop bar, I drive a van with a short front. This is to say I stopped at the line. Not past the line.

You gave a poorly worded explanation and I gave you my opinion. If you stopped at the stop line, then you're ...