Search found 2111 matches

by Stanton
Mon May 23, 2011 8:39 pm
Forum: General Talk
Topic: Neighbors kid clocked at 180km on 404
Replies: 2
Views: 1841

Re: Neighbors kid clocked at 180km on 404

Probably best he hires a paralegal for this type of offence. From what I've heard, plea deals are frequently offered to the speeding, and the stunt driving is dropped. Still, 80 over would be one heck of a speeding fine, $900+. :shock:
by Stanton
Mon May 23, 2011 8:35 pm
Forum: General Talk
Topic: Novice Driver B.A.C Above 0%
Replies: 12
Views: 8059

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

The officer should have seized your licence since you had BAC above zero and served you a notice of suspension, not sure why he didn't. I guess he doesn't really have to by law, but he should have for liability reasons if nothing else. Just be aware that it's possible your licence could still have been suspended even if the officer forgot to seize ...
by Stanton
Mon May 23, 2011 8:15 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136 on QEW Westbound near Gray's Rd
Replies: 17
Views: 5080

Re: 136 on QEW Westbound near Gray's Rd

Your speeding fine may be somewhat higher if found guilty at Court since set fines (what's on your ticket) are less then Court fines. For 36 over you'd be looking at a total fine of $317 ($252 fine, $60 surcharge, $5 court fee). Sometimes they stick with the set fine, but no guarantee.

Paralegal costs will depend on services provided. If you ...
by Stanton
Sun May 22, 2011 1:02 pm
Forum: Improper left turn
Topic: Actually innocent, would this be adequate proof ? Sue them?
Replies: 4
Views: 2126

Re: Actually innocent, would this be adequate proof ? Sue t

Agree with Radar Identified. I used to live right around there, the left turn signal only illuminates when southbound traffic has a red light. It does NOT turn off when the streetcars stop, since it's there to help you make safe turns 24 hours a day.

Edit: And I'll add that any type of lawsuit would be pointless at this time. As stated above, the ...
by Stanton
Sun May 22, 2011 12:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over in community safety zone - auto summons
Replies: 6
Views: 3060

Re: 34 over in community safety zone - auto summons

The date on your summons is simply for a first appearance, not a trial. You can advise the Court if you wish to plead guilty or not guilty on that date. If you decide to plead not guilty, another date will be set for the actual trial.
by Stanton
Sat May 21, 2011 6:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over in community safety zone - auto summons
Replies: 6
Views: 3060

Re: 34 over in community safety zone - auto summons

If it was a regular ticket without a signature, it would probably be considered invalid and withdrawn. A summons on the other hand isn't an actual charging document, so errors on it aren't considered fatal. Some people have argued that the summons itself isn't valid without a signature, but they can be easily corrected (with a corrective summons ...
by Stanton
Fri May 20, 2011 4:57 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - fail to stop, HTA 136(1)(a)
Replies: 4
Views: 6369

Re: Disobey stop sign - fail to stop, HTA 136(1)(a)

As Simon said, there is no way to avoid the points upon conviction. Some jurisdictions do however have bylaws pertaining to motorists and stop signs. In such jurisdictions the Crown will sometimes allow a plea deal to the bylaw offence instead of the Highway Traffic Act, since it typically carries a lower fine and no demerit points. You'd have to ...
by Stanton
Thu May 19, 2011 9:18 pm
Forum: General Talk
Topic: Apologies and Speeding Fines
Replies: 0
Views: 1362

Apologies and Speeding Fines

I was forwarded the following article, thought it was interesting.

Youre headed home or to the mall or rushing to pick up the kids and you see flashing lights behind you. You look down and realize, too late, youre speeding. And youre about to be nailed for it. There are a million theories on the best thing to say or do when you roll down your ...
by Stanton
Thu May 19, 2011 4:24 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop - Intersection Error on ticket
Replies: 2
Views: 2665

Re: Failure to Stop - Intersection Error on ticket

You're correct in that it's not a fatal error, but certainly works to your advantage if there's a trial. It's difficult to say what to do with the ticket. There are probably some prosecutors that if advised of the error would simply withdraw the charge, while others would amend the charge at trial. I'd ask for disclosure and see what the officer's ...
by Stanton
Thu May 19, 2011 4:18 pm
Forum: Courts and Procedure
Topic: Speeding Ticket
Replies: 6
Views: 2774

Re: Speeding Ticket

Again, it's an absolute liability offence. Absolute liability offences mean there is NO justification for committing the offence short of necessity. Necessity means you have to show the Courts that the only reason you committed the offence was that you were in immediate peril with no other options (e.g. being chased by someone with a gun).
by Stanton
Thu May 19, 2011 2:19 pm
Forum: Courts and Procedure
Topic: Speeding Ticket
Replies: 6
Views: 2774

Re: Speeding Ticket

Nobody can give you the odds of beating any particular ticket since that depends on many factors.

Just be aware of the following with speeding tickets:
1) It's an absolute liability offence, which basically means there is no excuse for committing the offence. To fight the charge you have to argue reasonable doubt, i.e. you never committed the ...
by Stanton
Thu May 19, 2011 2:07 pm
Forum: General Talk
Topic: Multiple driver licenses
Replies: 8
Views: 7437

Re: Multiple driver licenses

If you can truly articulate that the officer had no grounds to arrest you, then the search could be deemed unlawful and therefore the evidence would be inadmissible. The officer would not need your consent to search however once you were under arrest. Also keep in mind that if the officer had reasonable grounds to arrest you, the search is still ...
by Stanton
Thu May 19, 2011 5:55 am
Forum: General Talk
Topic: Multiple driver licenses
Replies: 8
Views: 7437

Re: Multiple driver licenses

There is no set fine, so unfortunately a summons/court date is required. Were all your licences from the same jurisdiction? I.e. your current licence along with past expired ones? I'm under the impression the spirit of the law is to prevent people from using various licences from various jurisdictions or with slight name variations. Unless you were ...
by Stanton
Thu May 19, 2011 5:49 am
Forum: Courts and Procedure
Topic: Illegible disclosure
Replies: 27
Views: 7643

Re: Illegible disclosure

Police and doctors must attend the same school for penmanship, doctors for their prescriptions and police for their tickets. :wink:
by Stanton
Wed May 18, 2011 4:45 pm
Forum: Courts and Procedure
Topic: Illegible disclosure
Replies: 27
Views: 7643

Re: Illegible disclosure

How accurately is the laser speeding device?

The device itself, if properly tested and used, is extremely accurate. Any type of false reading would most likely be due to operator error.

Most laser devices have a targeting sight, and cast a very narrow beam. Compared to radar, it's much easier to target select vehicles.

It's pretty hard to ...