Ontario Highway Traffic Act

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 ...