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There are several arrestable offences under the Highway Traffic Act, stunt driving being one of them. I can't speak to how typical it is to be arrested for the offence, but the officer does have the authority to do so.

For careless driving, the police have 30 days to issue a regular ticket and up to 6 months to issue a summons.

You wont be able to introduce any new evidence at your appeal. An appeal is essentially a review of the evidence presented at your first trial. The Court will be looking for any errors in law or fact that the Justice of Peace may have made based on the evidence that was presented. I dont know all the details of your matter but youll want to review ...

I've never seen it happen. There would have to be some kind of serious issue with the officer's notes for them to be rejected. The main requirements for an officer's notes to be admissible are spelled out in your other thread: http://www.ontariohighwaytrafficact.com/topic7118.html

Typically even paralegals and lawyers advise the Courts they have ...

Why do you still have the previous owners plates on the car? Was it a family vehicle where the plates were transferred to you as well? Your correct in that plates typically expire on the registered owners birthday, but for it to apply to the new owner youd need to get a new validation sticker, etc.

Im kind of in agreement. I normally always suggest pleading not guilty (at least initially) and taking time to review the case against you. The problem in your matter is that once you enter a not guilty plea, a disclosure request is sent off to the charging officer. The disclosure package is then typically reviewed by the officers supervisor and ...

I don't think that particular charge applies to your husband, since he's not the registered owner and therefor can't sign the ownership. Arguably he could have been charged with failing to surrender a valid registration (since it's unsigned) but that's not the case. Regardless, the Crown will no doubt offer a plea deal where they'll drop the ...

What's the charge/section for the unsigned ownership ticket?

I'm with td monex, anyone know give or take what the avg increase Is comparing 20-29km Vs 30-40km over?
Most insurance providers treat a speeding ticket as a minor offence unless you're going more then 50 km/hr over the limit. So the insurance impact would be no different between a 20 over conviction and a 40 over conviction.

Always best to ...

jsherk wrote:You were charged with 36km/h over which is 4 demerit points and consider a MAJOR offence by insurance.

That's not necessarily true. The OP would need to check with their provider to determine what the threshold is. Most providers seem to follow facility insurance guidelines which set the threshold for a major offence at 50 km/hr or more.

It's not the police officer's decision to make. Once it's at Court, it's the Crown attorney that decides how to proceed. The most likely scenario is that they'll drop one charge in exchange for you pleading guilty to the other.

How far did you keep driving for before you pulled over? I'm guessing that's why you were charged, not because you pulled over incorrectly. Remember, the section states "shall immediately bring such vehicle to a standstill".

As for the passenger being handed the ticket, that would NOT be grounds to argue you weren't served in Court. Your obviously ...

1) Did the officer make the notes? (answer should be yes)
2) When did they make the notes? (should be at the time of the event or shortly thereafter)
3) Have the notes been altered since they were made? (answer should be no)
4) Does the officer have an independent recollection of the events? (answer should be yes)
5) What are the notes required for ...

I'd also suggest making up a bill of sale, signed and dated by yourself and the buyer. Keep one copy for yourself and give one to the buyer. It doesn't have to be anything fancy, just a document with the vehicle info (vin number), sale price, buyer and sellers names and date/time of sale. It's just another way to help cover you should the other ...

If the other driver was uninsured, he will most likely be facing a serious charge himself for driving without insurance. Regardless though, it doesnt negate your duty to ensure that your turn could be made in safety. The Courts may consider his speed to be relevant if it was such a marked departure from the limit that there was no way you could ...

Not the worst Ive seen, most of it is pretty legible. Just having a hard time deciphering the street name, but I dont know what town this happened in.

First page of notes will be from officers notebook, second page of notes will off the back of the ticket. Many officer record some basic info in their notebook (i.e. doing traffic enforcement) and ...

Its always the responsibility of the owner, not the driver, to ensure the motor vehicle is insured. So if someone took your vehicle for a test drive while it was uninsured, you would be charged (regardless if you were in the vehicle or not). Its one of the most serious offences, with a minimum fine of $5,000.

Contact your insurance provider and ...

If the officer doesn't listen, request an early resolution, if that prosecutor doesn't listen, request a trial. If you go to trial and that prosecutor doesn't listen... I really hope the next generation of lawyers/paralegals have some more empathy and compassion than to charge a 16 year old just learning to drive for forgetting his license ...

It would be considered a minor offence but could still impact your insurance rates as a novice driver. Even if you take your licence to the police station after the fact, it will not negate the charge. The ticket is for not having your licence with you at the time you were stopped by police .

Id suggest requesting a first attendance meeting with ...

I think for insurance purposes, it's actually 1 over to 29 that are considered MINOR, but when it goes to 30 over that becomes MAJOR in terms of insurance. So you definitely want to try and get it down to at least 29 over as the worst case scenario.

Always best to check with your provider as it can vary. Most seem to follow the facility ...

1) An interpreter would be provided if needed.
2) You've been charged as the owner, not her. It's your decision as to how to proceed with the ticket.
3) You don't have to attend Court unless you plan on fighting the ticket.
4) Since you were charged as the owner and not the driver, there is no impact on your insurance, etc. You simply won't be ...

I would also try to get a copy of the dash cam video prior to this as well. First try contacting the police station and see if they have a request form of some kind. It not, then try a Freedom Of Information Request to get it.

I'd simply request the video through disclosure. You'd have to pay for the video if requested through F.O.I. whereas it ...

It's not illegal per se, but the Highway Traffic does require that you keep to the right when being overtaken by a faster vehicle.

148(6) - Every person on a bicycle or motor assisted bicycle who is overtaken by a vehicle or equestrian travelling at a greater speed shall turn out to the right and allow the vehicle or equestrian to pass and the ...

So if I pay the ticket out of court, it'll be lower than normal?

If you go to trial and are found guilty, the Crown could request that the Justice of the Peace impose the higher fine value from the HTA, but it doesn't always happen. Regardless, you'll still be facing a higher fine at trial because they'll amend the speeding ticket back up to the ...

Your fine is actually correct. The fine on speeding tickets is calculated using the Ontario Court of Justice's set fines table, which can be found here: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/

For whatever reason the fines are slightly lower then what's listed in the HTA, but both are acceptable. The set fine ...

This is from back in 1985 when RIDE checks were deemed to be unlawful
While there was a very strong dissent, the case law you're citing actually supports the legality of R.I.D.E. programmes by a 4-3 majority.

Your quote would be from one of the dissenting justices.

The Cole's notes version is that the Court found police have ancillary powers ...

Glad it worked out for you. I think it was a good decision to take the plea deal in your matter. While it's always nicer to be found not guilty, the implications of being convicted for driving under suspension are too serious to take a gamble with.

I went to court and bargained with the prosecutor. He listened to my situation and was very ...

The article appears to be incorrect. The current proposed bill is here: http://www.ontla.on.ca/web/bills/bills_detail.do?BillID=2956
Sections 140 and 176 of the Act are amended to require drivers to remain stopped at a pedestrian crossover or school crossing until the person crossing the street and the school crossing guard are off the roadway ...

Might not hurt to look at other defence options in case the Crown realises the error and amends the charge. Id suggest looking at signage in the area and making sure its proper, visible and meets the legal requirements set out in the HTA. Signs are covered by the following regulation under the HTA: http://www.canlii.org/en/on/laws/regu/rro-1990-reg ...

Ive got to say its a great business model that these companies have. Make a detector, motorists buy them up. Make a detector detector, police buy them up. Now come out with a new model that cant be detected, sell again to the public. Now the police need a newer model , sell to them. Repeat ad infinitum.