Search found 2111 matches

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 ...

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.

I know it is very unlikely that it will be withdrawn, but what are the chances I will get a plea bargain to have it changed to a lesser offense, ideally 0-15 over, if I go by myself?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 ...

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 ...

There is supposed to be an additional 6 month suspension upon conviction for drive suspend.

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 ...

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).

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

I've seen similar cases in court and it can be a tough charge to beat. The onus is on you to make sure your turning movement can be done in safety. Even with an amber light you'd have to show the other driver appeared as if he was stopping, not that you simply assumed he would. It's unfortunately much easier to prove you turned in front of him then ...

While there is no law that specifically states you can't wear headphones, I believe it's illegal. One could argue that the act falls under careless driving (without due care and attention) since it would make it harder to hear sirens, horns, etc. It's also somewhat covered by the new cell phone legislation. Section 78.1(2) prohibits entertainment ...

Just had a quick read, kind of interesting. They don't think a suspended sentence should have been granted in this case, yet they don't feel the act itself is improper. I don't believe however that the decision is binding at that level of Court.

Even without the tech, I'd love to drive one. It's just nice to see Chevy (or at least Holden) doing a proper police vehicle with a big old V8 and rear wheel drive. I never really felt the Impala was a proper police vehicle, at least for front line uniform officers.

If the rest of the officer's notes/information is correct, I'd agree that the wrong car model would be insufficient to raise reasonable doubt. And FYI, I'm thinking it was the Crown prosecutor you were talking to, not the Justice of the Peace. The prosecutor is the one who provides disclosure.

If it does take 18 months to reach trial, you'd have a ...

I agree with you Hwybear, it usually is a pretty controllable event. I've had two blown tires, both on the highway and both were uneventful save for the wonderful experience of actually changing a tire on the shoulder of the 401. I think the big problem is most people don't know what to do, panic, and jam on the brakes and/or oversteer. I've got a ...

I'd suggest seeking the help of a paralegal since the consequences on conviction are serious. You may have a possibility of arguing the wrong vehicle was stopped, but that will be very dependent on the officer's actual observations. If the evidence is very weak, then you may want to fight the charge outright, but there's also a very good chance you ...

I think it would be a difficult charge to prove if a blown tire was the actual cause of the accident. Are the tires on your vehicle in good shape? If you were driving on damaged or badly worn tires and ignored signs it was about to blow, they could possibly argue careless. Also if your driving was somehow inappropriate and caused the tire to burst ...

On my offence ticket, it only said "WB Lakeshore Bl W". Is it precise enough?

It should also include the name of city or township, but the road name is sufficient for a speeding offence. A cross street would only be required for intersection related offences such as stop signs, red lights, etc.

As for your second question, you would be seeking ...

Typically when police conduct a traffic stop, they will run your licence plate on their computer system. Ministry records will show what type of vehicle is associated to the licence plate, who the registered owner is and their driving record. If you were the registered owner of the vehicle, the officer would have already gotten your information ...

ren4 wrote:Thanks, I called and they said ticket was quashed on April 19th due to an error on the ticket - I don't see it, but I'm not complaining!!!

Possibility the officer didn't sign the submitted copy if everything else looks right on yours.

Agreed. Majority of careless driving charges get plead out to a lesser charge. See if the Crown is willing to offer a plea up front, or seek legal representation. Based on your own statement, I think there is a reasonable prospect of conviction at trial if there is evidence to support the facts.

Again, as Simon said speak with the prosecutor and see what kind of offer they make. You are guilty of the offence, so you're probably better off seeing if it will be withdrawn/reduced rather then going to trial.

If the driver could have actually safely stopped at the line, then you could lay a charge of amber light, fail to stop. If he couldn't have safely stopped, then everything else sounds lawful.

I've always found amber light charges seem somewhat rare compared to red light charges. They're probably a somewhat harder charge to prove in Court since ...

If you're planning on pleading guilty to the speeding charge anyways, I'd suggest a first attendance meeting with the Crown. They usually drop one charge in exchange for a plea to another, if you explain the circumstances I think you'd have a good chance of getting the one charge dropped.