Fight it. There are at least 3 reasons for that:
You will delay the conviction entering your record by about 1 year, you have a chance to win if the officer is absent in court and also the crown can lower your speed to under 15 km/h over (most likely).
I'd disagree with the last part, you're very unlikely to get any further reduction on a ticket ...
Search found 2111 matches
- Fri May 13, 2011 2:00 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Did 116 kph on 100kph limit on 401
- Replies: 11
- Views: 3967
- Thu May 12, 2011 5:31 pm
- Forum: Failing to obey signs
- Topic: Disobey Sign 182(2) - Municipality of Markham
- Replies: 9
- Views: 3372
Re: Disobey Sign 182(2) - Municipality of Markham
I think you'd have a very hard time arguing that you ignored the first sign because you weren't planning on turning yet. The sign is posted at a perfect position since it warns you right before you merge into the turn lane. If it was an advance notice sign two intersections back you might have an argument, but the sign was still visible regardless ...
- Thu May 12, 2011 3:09 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 136 on 401 @ Londoa area
- Replies: 14
- Views: 4249
Re: 136 on 401 @ Londoa area
I was driving the rental car. So, I told the cop about brand new car and have hard time to control the gas pedal.
Just be aware, speeding is an absolute liability offence, so unfamiliarity with the vehicle or it's controls isn't a valid defence. You basically have to show reasonable doubt that you actually committed the offence; in other words ...
Just be aware, speeding is an absolute liability offence, so unfamiliarity with the vehicle or it's controls isn't a valid defence. You basically have to show reasonable doubt that you actually committed the offence; in other words ...
- Thu May 12, 2011 3:04 pm
- Forum: General Talk
- Topic: Reflective windshield tint
- Replies: 2
- Views: 2383
Re: Reflective windshield tint
I know in several US states their laws are very specific as to how much tint/reflection you can have and to what point on the windshield. Unfortunately I don't think we have anything that specific here in Ontario; it's typically a judgement call on the part of the officer. If it's likely to prevent a clear view in AND out of the windshield, then ...
- Thu May 12, 2011 2:51 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 5 Disclosure Requests Unanswered
- Replies: 5
- Views: 2086
Re: 5 Disclosure Requests Unanswered
If you do receive disclosure then obviously a stay based on lack of disclosure is no longer applicable. That being said the Crown may still fail to provide the disclosure prior to your next Court date in which case you could again proceed with the stay. I don't think enough time has passed to proceed with an 11b motion, so you'll either have to ...
- Thu May 12, 2011 2:43 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Did 116 kph on 100kph limit on 401
- Replies: 11
- Views: 3967
Re: Did 116 kph on 100kph limit on 401
Well someone told me that if there are any mistakes on your ticket they could drop the ticket so I looked on my ticket and found one..heheheh.
The officer misspelled my name on it, my middle name, she put Dorion instead of Dorin, do you think I could use that in court to make them drop the ticket ?
I know its silly but Im just trying to make this ...
The officer misspelled my name on it, my middle name, she put Dorion instead of Dorin, do you think I could use that in court to make them drop the ticket ?
I know its silly but Im just trying to make this ...
- Thu May 12, 2011 2:39 pm
- Forum: General Talk
- Topic: Sticker ticket
- Replies: 4
- Views: 2115
Re: Sticker ticket
You can request a first attendance meeting with the Crown and see if they're willing to offer you a deal. I don't know how much luck you'd have getting the charge dropped outright, but I'm sure they'd offer you a significantly reduced fine. Just take all documentation with you to show that the sticker was renewed and when.
- Thu May 12, 2011 12:16 pm
- Forum: Careless Driving
- Topic: What happens next?
- Replies: 2
- Views: 1536
Re: What happens next?
As said above, if you're contemplating any type of civil action, you should speak with a paralegal or lawyer for advice. That being said, if the other driver is at fault, should you not be getting some financial compensation through his or your insurance? At least to cover the cost of replacing your vehicle?
As for Court, you would only have to ...
As for Court, you would only have to ...
- Wed May 11, 2011 7:28 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Failing to stop at redlight
- Replies: 3
- Views: 2201
Re: Failing to stop at redlight
Failing to stop for a red light is what's known as an absolute liability offence, meaning the only defence is one of necessity. You need to show that you went through the red light to avoid immediate peril and there was no other alternative. Not seeing the light in time and weather conditions won't work as a defence. Also, since you can't state ...
- Wed May 11, 2011 7:10 pm
- Forum: Failing to obey signs
- Topic: Disobey Sign 182(2) - Municipality of Markham
- Replies: 9
- Views: 3372
Re: Disobey Sign 182(2) - Municipality of Markham
When I click on the link in the first post, it appears that there's another sign posted about 75-100 prior to the intersection advising no turns as well. With two signs posted you might have a hard time arguing you couldn't read them.
- Tue May 10, 2011 2:06 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: First time fighting...help would be appreciated!
- Replies: 5
- Views: 2181
Re: First time fighting...help would be appreciated!
1) The process to request disclosure varies from one jurisdiction to the next. Some insist you attend in person, others allow alternate methods. I can't answer for Toronto, hopefully someone else can.
2) I guess it depends what you're asking for. The list of items most ticket fighting sites recommend is ridiculous, and don't apply to 99% of charges ...
2) I guess it depends what you're asking for. The list of items most ticket fighting sites recommend is ridiculous, and don't apply to 99% of charges ...
- Mon May 09, 2011 9:36 pm
- Forum: Failing to report a collision to a police officer
- Topic: I hit a parked car while backing out of my driveway
- Replies: 3
- Views: 9149
Re: I hit a parked car while backing out of my driveway
There's not really much advice that can be given at this time since you haven't actually been charged with anything. Obviously leaving the scene was a pretty stupid thing to do and you may be facing some serious charges. If the accident was very minor, you wouldn't have even needed to report the matter to the police. You would have had to simply ...
- Mon May 09, 2011 9:24 pm
- Forum: General Talk
- Topic: "The testimony of the defendant has to be believed" ???
- Replies: 1
- Views: 1395
Re: "The testimony of the defendant has to be believed" ???
Somewhat oversimplified by Lai, but yes. Case law basically states that the Crown witnesses shouldn't be given any more weight than defence witnesses if both are equally credible. For typical HTA purposes, it basically means the evidence of the police shouldn't be considered any more credible by virtue of their occupation.
The key is credibility ...
The key is credibility ...
- Sun May 08, 2011 10:14 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Did 116 kph on 100kph limit on 401
- Replies: 11
- Views: 3967
Re: Did 116 kph on 100kph limit on 401
As the title of the forum says, this is a 3 demerit point offence. The officer doesn't assign them, they are automatically applied by the Ministry once you're found guilty of the offence. You can only avoid the demerit points by either being found not guilty or if the Crown agrees to a plea deal to a lesser offence that doesn't have demerit points ...
- Fri May 06, 2011 12:20 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Does Genesis ll radar identify the vehicle plates too?
- Replies: 5
- Views: 2570
Re: Does Genesis ll radar identify the vehicle plates too?
I don't think they were lying to you; just that you have a different understanding of what they mean when they said it can identify your vehicle.