Ontario Highway Traffic Act

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.