Search found 2111 matches

by Stanton
Wed Jun 01, 2011 6:21 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: 2552

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

Yes, police and all emergency vehicles are exempt from parking regulations.

The officer does not need to see your entire vehicle to determine if you stopped, but should obviously see enough to determine motion. It sounds like by your own admission though you stopped before the stop bar, not at it, which probably means you didn't make a lawful stop.
by Stanton
Tue May 31, 2011 10:45 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 134 in a 100 - Possible fatal error
Replies: 21
Views: 9366

Re: 134 in a 100 - Possible fatal error

the only way to avoid an insurance increase is to not be found guilty. To an insurance company a 34 over is the same as a 1 over.

I'm going to disagree with you on that point. Most insurance companies have a cutoff speed, where a speeding ticket is no longer a minor conviction but a major one. For many it will be 50+, but some companies have a ...
by Stanton
Tue May 31, 2011 9:26 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 135 on 100- 401 near whitby ON
Replies: 2
Views: 2419

Re: 135 on 100- 401 near whitby ON

You have nothing to lose (except free time) by speaking with the Crown. For speeds of 30+, the fines go through the roof. If you were able to plead to 29 over, you'd only have 3 demerit points instead of 4 and the fine would drop to $139 from $265.

As for fighting it outright, you'd have to check disclosure and see what the evidence against you is ...
by Stanton
Tue May 31, 2011 8:29 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 76 in a 50 on a quiet road
Replies: 4
Views: 2394

Re: 76 in a 50 on a quiet road

Everything varies from one jurisdiction to the next, so speak with the clerks in the Court office to find out how to schedule a first attendance meeting. Your chances are of getting it knocked down to a 15 over plea deal are certainly decent, but not guaranteed. Again, it will be dependent on the Crown and jurisdiction. As for your last question ...
by Stanton
Mon May 30, 2011 10:55 pm
Forum: General Talk
Topic: Two cars pulling out of a parking space right by eachother.
Replies: 4
Views: 2098

Re: Two cars pulling out of a parking space right by eachoth

The Highway Traffic Act doesn't cover parking lots so there isn't really any enforceable law that covers the scenario. I was under the impression that road tests take place strictly on roadways anyway, so I don't think you'd even run into that scenario.

If you were actually involved in an accident under those circumstances in a parking lot ...
by Stanton
Mon May 30, 2011 6:36 pm
Forum: Failing to obey signs
Topic: Need advice - meaning of sign
Replies: 2
Views: 2466

Re: Need advice - meaning of sign

No, the tabs make no difference. As was stated in your other thread, the "Do not enter" red circle and white dash is a legal sign under the HTA. The tabs underneath don't change the meaning. Technically, the orange and black signs aren't even really enforceable under the HTA. They're more just informational signs.
by Stanton
Mon May 30, 2011 5:45 pm
Forum: Driving While Suspended
Topic: Lic suspended due to unpaid fine
Replies: 9
Views: 13691

Re: Lic suspended due to unpaid fine

I don't think anyone on this board is going to condone you driving until you're licenced again. While your fines may now be paid, until your licence is reinstated it's still illegal for you to operate a motor vehicle. You never know when/what you'll get pulled over for, regardless of who the vehicle is registered to.

I'm not sure if you'd be now ...
by Stanton
Mon May 30, 2011 1:54 am
Forum: Traffic Offences Outside Ontario
Topic: 47 kph over in Quebec
Replies: 6
Views: 4087

Re: 47 kph over in Quebec

What's considered a minor/major conviction varies from one insurance company to the next. There are no set rules that I'm aware of, and you should contact your insurance company for confirmation.

If you are convicted of speeding by 47 over, it would show on your Ontario licence along with 4 demerit points. If you have a full G licence and no other ...
by Stanton
Mon May 30, 2011 1:43 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 134 in a 100 - Possible fatal error
Replies: 21
Views: 9366

Re: 134 in a 100 - Possible fatal error

Unless a speeding ticket has already been reduced by an officer, most prosecutors are willing to reduce the speed in exchange for a plea. While they may only reduce it by 15-20, your actual speed has very little impact. A good example is the many stunt driving 50+ over charges (arguably a very serious speeding charge) which are plead out to a ...
by Stanton
Sun May 29, 2011 11:39 am
Forum: General Talk
Topic: No/Improper license but really failure to produce license
Replies: 2
Views: 6861

Re: No/Improper license but really failure to produce licens

Agreed. The charge would be valid if your licence was expired, or you were driving a different class of vehicle then your licence allows (i.e. a motorcycle with a G licence). The only other possibility is if your licence had recently been suspended and you didn't pay the reinstatement fee. For example after a 30 day novice violation you're ...
by Stanton
Sun May 29, 2011 3:37 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 134 in a 100 - Possible fatal error
Replies: 21
Views: 9366

Re: 134 in a 100 - Possible fatal error

It is nearly impossible to win a speeding ticket that is 30+ over the limit because you're clearly, blatantly speeding.

I'm not sure what you mean by this. Your chance of successfully fighting any speeding ticket would be based on the strength of the evidence, not your speed. Speeding is an absolute liability offence meaning intent is irrelevant ...
by Stanton
Fri May 27, 2011 2:12 pm
Forum: General Talk
Topic: Prosecutor threw out my offence but still got a court date
Replies: 11
Views: 6108

Re: Prosecutor threw out my offence but still got a court da

Is failure to surrender licence an absolute liability offence?

Not that I'm aware of. However from my experience simply having forgot your licence at home isn't an excuse the Courts except. In fact I'm not really sure what the Courts would consider an acceptable reason to be as I've never seen anyone win at trial. Again hopefully the Crown will ...
by Stanton
Fri May 27, 2011 1:01 pm
Forum: General Talk
Topic: Prosecutor threw out my offence but still got a court date
Replies: 11
Views: 6108

Re: Prosecutor threw out my offence but still got a court da

Assuming you are given a Court date for your speeding ticket, I think an 11b strategy would be pretty sound if a full year has passed. I'm hesitant to say just to forget about it all together. If somehow the ticket is found and you're convicted in absentia, you could have your licence suspended for non payment of fine. You should receive notice of ...
by Stanton
Fri May 27, 2011 2:32 am
Forum: Failing to obey signs
Topic: Fail to obey traffic sign - stop sign - on military base
Replies: 9
Views: 5744

Re: Fail to obey traffic sign - stop sign - on military base

Good to know. I guess since section 9 is a catch all for so many different offences, the MTO couldn't really list a specific conviction on your abstract.
by Stanton
Thu May 26, 2011 11:19 am
Forum: Failing to obey signs
Topic: Fail to obey traffic sign - stop sign - on military base
Replies: 9
Views: 5744

Re: Fail to obey traffic sign - stop sign - on military base

I wouldn't get too hung up on the whole Provincial Court thing. Provincial Courts handle a variety of offences, many of which you get tickets for, but they still don't show on your driving abstract. Just contact someone who knows for sure. I'd agree with your friend that the MTO would be the best resource to contact. They're the ones that manage ...
by Stanton
Thu May 26, 2011 11:14 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 115km/h on hwy 400
Replies: 8
Views: 4097

Re: 115km/h on hwy 400

I guess the argument would be that he did reduce it to 115, but would he have pulled me over for doing 115 in the first place?

Just be aware that for Court purposes, saying you wouldn't have gotten pulled over for 15 over isn't a valid defence (although on a 400 series highway it's quite true). All the Court cares about is whether you were ...
by Stanton
Thu May 26, 2011 1:08 am
Forum: Failing to obey signs
Topic: Fail to obey traffic sign - stop sign - on military base
Replies: 9
Views: 5744

Re: Fail to obey traffic sign - stop sign - on military base

Ive never seen a GPTR conviction on a driving abstract. I suppose it could be simply because theyre rare, but Id lean towards Simons opinion that they probably dont get recorded. Ontario has reciprocal agreements with other Provinces and a few States, but the agreement doesnt list anything Federal. I know many municipalities have bylaw infractions ...
by Stanton
Wed May 25, 2011 10:45 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Thinking of disputing a stop sign ticket?
Replies: 1
Views: 2362

Re: Thinking of disputing a stop sign ticket?

I'd suggest talking with your boss about how he wants the ticket handled since it sounds like he has more to lose then you. While paralegals can be expensive, if he has CVOR issues, maybe it would be in his best interest to help pay for your defence. If it was just a regular ticket you'd received operating your own vehicle, then I'd say try and ...
by Stanton
Wed May 25, 2011 8:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 115km/h on hwy 400
Replies: 8
Views: 4097

Re: 115km/h on hwy 400

I'm guessing your notice of trial is some automated form that's printed out, probably didn't have the data entered correctly.

You can always change your plea to guilty if you want to, the Courts sure don't mind. :)

Just curious, have you received disclosure yet? Is there some particular issue you're going to fight the charge on?

As I always say ...
by Stanton
Wed May 25, 2011 5:43 pm
Forum: Parking Tickets
Topic: $450 handicap zone ticket in Toronto
Replies: 6
Views: 12002

Re: $450 handicap zone ticket in Toronto

Speaking to the Crown or JP requires different options. To request a reduced fine from the JP, you would plead guilty with an explanation (Option 2). Prior to setting the fine, the JP would allow you to provide input. You could explain your financial situation and circumstances surrounding the offence. You are still pleading guilty however, and the ...
by Stanton
Wed May 25, 2011 12:27 pm
Forum: General Talk
Topic: RE: HTA sec. 13 (2) PLATE NOT PLAINLY VISIBLE
Replies: 8
Views: 7373

Re: RE: HTA sec. 13 (2) PLATE NOT PLAINLY VISIBLE

If your friend's case probably the officer forgot to submit the ticket or it wasn't processed properly. It does happen from time to time, but just don't be counting on it.
by Stanton
Wed May 25, 2011 12:22 pm
Forum: Parking Tickets
Topic: $450 handicap zone ticket in Toronto
Replies: 6
Views: 12002

Re: $450 handicap zone ticket in Toronto

You may want to try fighting the ticket if the actual parking signs (not the pavement markings) weren't visible. If not, your best bet is to either try to work out a deal with the Prosecutor to plead guilty with a joint submission for a lower fine, or plead guilty outright to the Justice of the Peace and explain your financial situation. Quite ...
by Stanton
Wed May 25, 2011 12:17 pm
Forum: Prohibited turns
Topic: Disobey Sign 182(2)
Replies: 1
Views: 2773

Re: Disobey Sign 182(2)

Yes, you would face two demerit points upon conviction. Unfortunately I'm not sure your defence strategy is that strong. I'm assuming you're talking about the Moore Park area of Toronto. If so, the green signs you refer to aren't official Highway Traffic Act signs, just general information notices posted by the City. As long as any official HTA ...
by Stanton
Wed May 25, 2011 11:59 am
Forum: General Talk
Topic: Prosecutor threw out my offence but still got a court date
Replies: 11
Views: 6108

Re: Prosecutor threw out my offence but still got a court da

You should only be facing the charge listed on the summons. Without notice of the other charges, you can't prepare a proper defence. If they want to proceed on other charges, they would first have to serve you notice and allow you time to prepare a defence.

I would contact the Court and Crown's office. Sounds like they have some serious paperwork ...
by Stanton
Tue May 24, 2011 3:01 pm
Forum: General Talk
Topic: RE: HTA sec. 13 (2) PLATE NOT PLAINLY VISIBLE
Replies: 8
Views: 7373

Re: RE: HTA sec. 13 (2) PLATE NOT PLAINLY VISIBLE

pqtran wrote: Is there a possibility that the police officer might have lost/no record of the incident? Or anything of that nature? Thanks
Very unlikely for an officer to have no notes or to have lost them.
by Stanton
Tue May 24, 2011 11:13 am
Forum: General Talk
Topic: number plate violation sec 13(2)
Replies: 4
Views: 2591

Re: number plate violation sec 13(2)

I would suggest option 3 and request a first attendance meeting with the Crown. There is no guarantee of anything, but I imagine they would at least offer a reduced fine.
by Stanton
Mon May 23, 2011 11:00 pm
Forum: General Talk
Topic: Novice Driver B.A.C Above 0%
Replies: 12
Views: 8190

Re: Novice Driver B.A.C Above 0%

No, as OPS clarified, there is no reinstatement with the roadside 24 hour suspension. Even if the officer had suspended your licence, as long as 24 hours has passed, your licence is valid again. If you get the 30 day suspension, then you'll need to get your licence reinstated.

Option 3 means you're pleading not guilty. There would be no suspension ...
by Stanton
Mon May 23, 2011 10:57 pm
Forum: General Talk
Topic: number plate violation sec 13(2)
Replies: 4
Views: 2591

Re: number plate violation sec 13(2)

To fight it in Court, you would have to show due diligence; in other words that you made reasonable efforts to check on your plate prior to operating your motor vehicle. The outcome at trial would be very dependent on how long your plate had been damaged for and how it had been damaged in the first place. For instance, it it had rusted through ...
by Stanton
Mon May 23, 2011 10:18 pm
Forum: General Talk
Topic: Novice Driver B.A.C Above 0%
Replies: 12
Views: 8190

Re: Novice Driver B.A.C Above 0%

No, option 2 means you're pleading guilty to the offence you were charged with. To plead to a different charge, you'll have to make a deal with the Crown. Pick option 3 and request a first attendance meeting. See if the Crown is willing to offer a deal.
by Stanton
Mon May 23, 2011 9:51 pm
Forum: General Talk
Topic: Novice Driver B.A.C Above 0%
Replies: 12
Views: 8190

Re: Novice Driver B.A.C Above 0%

The suspension would take effect shortly after conviction (guilty plea or found guilty). The Ministry would serve you notice by mail of your suspension taking effect.

Just be advised that if you plead guilty the Justice of the Peace can lower your fine, but I don't think they have any control over the suspension. It's automatically applied by the ...