Search found 2111 matches

by Stanton
Tue Apr 12, 2011 6:44 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Determining Original Speed When Code "R" Indicated
Replies: 3
Views: 9575

Re: Determining Original Speed When Code "R" Indicated

FYI I'm pretty sure 29 over is the maximum speed that can be issued on regular ticket for a community safety zone. 30+ over has no set fine and requires a summons.
by Stanton
Tue Apr 12, 2011 6:43 am
Forum: Improper driving when road is divided into lanes
Topic: Failing to drive in a marked lane - Case law
Replies: 5
Views: 4618

Re: Failing to drive in a marked lane - Case law

Squishy wrote:You still have passing off roadway, HTA 150 (2). The definition of "roadway" specifically excludes the shoulder.
Yes and no. The two sections really cover different types of offences. And 150(3) goes on to state that 150(2) doesn't apply to paved shoulders, where most of the idiotic passing takes place.
by Stanton
Mon Apr 11, 2011 2:10 pm
Forum: Parking Tickets
Topic: Toronto to allow e-mail resolution of some parking tickets
Replies: 2
Views: 2365

Toronto to allow e-mail resolution of some parking tickets

Toronto is now allowing you to dispute certain parking violations via e-mail. Meter violations that are given in error due to a broken meter or your permit not being visible, can be resolved online. You fill out on online form and the City conducts some kind of investigation. I do give credit to Toronto for this, since it's usually easier to just ...
by Stanton
Sun Apr 10, 2011 5:28 pm
Forum: Parking Tickets
Topic: Parking Vehicle Facing Wrong Direction?
Replies: 1
Views: 8516

Re: Parking Vehicle Facing Wrong Direction?

In short... is there a way I can dispute or much preferably settle this without having to waste gas to drive to Mississauga and settle this as a dispute in person? I would cost me about $8 in gasoline (assuming only one trip) just to save myself from a $20-25 ticket.

Unfortunately to dispute the charge you would have to attend Court at least ...
by Stanton
Sun Apr 10, 2011 5:59 am
Forum: Courts and Procedure
Topic: Does a ticket have to be fully complete?
Replies: 2
Views: 1694

Re: Does a ticket have to be fully complete?

Agreed. That information doesnt prevent you from defending yourself, so it would not be considered a fatal error.
by Stanton
Fri Apr 08, 2011 6:25 am
Forum: Improper driving when road is divided into lanes
Topic: Failing to drive in a marked lane - Case law
Replies: 5
Views: 4618

Failing to drive in a marked lane - Case law

Did a quick search and couldn't find this decision on the forums. The case is R. v. Capobianco, a somewhat recent Court of Appeal decision.

The Courts have ruled that for the offence of failing to drive in a marked lane, the Crown must show:
1) The accused failed to drive in the marked lane AND
2) The manoeuvre was not made in safety

It used to ...
by Stanton
Thu Apr 07, 2011 6:39 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket!
Replies: 6
Views: 2769

Re: speeding ticket!

Depends on your provider/policy and record. Many overlook your first minor conviction.
by Stanton
Wed Apr 06, 2011 12:12 am
Forum: General Talk
Topic: Pay tickets or go to court?
Replies: 1
Views: 1682

Re: Pay tickets or go to court?

Technically your husband did commit all three offences, even if the dealership mixed up the plates. I'd suggest seeking a first attendance meeting with the Crown and explain the situation. I would hope they'd be willing to at least drop one if not two charges in exchange for a guilty plea on the third. Just be sure to bring along a valid ownership ...
by Stanton
Tue Apr 05, 2011 7:25 pm
Forum: Careless Driving
Topic: Careless driving..
Replies: 4
Views: 2971

Re: Careless driving..

toronto wrote:Can I file a 11B because of this?...
If you have a paralegal I'd have them do this for you.
by Stanton
Tue Apr 05, 2011 7:24 pm
Forum: Courts and Procedure
Topic: Sign/License Charges
Replies: 35
Views: 10014

Re: Sign/License Charges

akarimov wrote:Yeah, I understand that. I am just trying to make it look bigger. Hopefully it will overwhelm the prosecutor :)
It won't. I personally think you're better off asking for information relevant to the offence since it makes you look more knowledgable.
by Stanton
Tue Apr 05, 2011 10:41 am
Forum: Improper right turn
Topic: What happens if there is error on a Ticket?
Replies: 10
Views: 16494

Re: What happens if there is error on a Ticket?

I got a speeding ticket today. All the information on it is correct, but the charge is written:
Speeding km/hr in a km/hr zone.
No numbers. Would this constitute a fatal error?

See this thread: http://www.ontariohighwaytrafficact.com/topic2958.html

There is some case law that says if the fine is correct, the actual amount doesn't need to be on ...
by Stanton
Tue Apr 05, 2011 10:38 am
Forum: General Talk
Topic: Are these "fatal errors"?
Replies: 6
Views: 1998

Re: Are these "fatal errors"?

From the above would you see a continuity of evidence case?
Possibly. It would depend on the highway, level of traffic, time of day and how long sight was lost for. You would have to request disclosure and see what the evidence is. If the officer got a partial plate or reasonable descriptors, the fact you were in the same location with the same ...
by Stanton
Tue Apr 05, 2011 10:27 am
Forum: Parking Tickets
Topic: No Parking Signs Visibility
Replies: 2
Views: 4680

Re: No Parking Signs Visibility

Are there rules and guidelines regarding no parking signs visibility, HTA act or extracts?

The majority of parking infractions are covered under local municipal bylaws.


I have no traffic minor or major infractions for 10 years

Just FYI if you're worried about a clean record, parking infractions do NOT show up on your driving history or ...
by Stanton
Mon Apr 04, 2011 8:03 pm
Forum: Careless Driving
Topic: Careless Driving Charge from statement from another driver
Replies: 5
Views: 2980

Re: Careless Driving Charge from statement from another driv

It would be a very good ticket to fight. The fact that you were following too close probably wouldn't be sufficient on its own for careless. If you were to fight the ticket the witness/complainant would need to be present at trial to give evidence unless the officer actually witnessed your driving as well.

Request disclosure, which would consist ...
by Stanton
Mon Apr 04, 2011 5:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: First ticket reduced to 15KM over
Replies: 2
Views: 4629

Re: First ticket reduced to 15KM over

You're 30 and worried about your parents finding out? :shock:

Life happens and we all make mistakes, yours is a pretty minor one. Be honest with your parents. If they go and renew their insurance saying you have no convictions, they could get in trouble if the insurance company finds out otherwise. All HTA convictions show up on your driving ...
by Stanton
Mon Apr 04, 2011 4:54 pm
Forum: Failing to remain at the scene of a collision
Topic: Told I would be charged but received no ticket
Replies: 3
Views: 3360

Re: Told I would be charged but received no ticket

Am I entitled to a copy of her report? If so, how do I get that? I feel like nothing is documented...the cop wouldn't even tell me her first name.

Yes, you can copy a request of the accident report through the police service. Typically you're given a basic version of the report at the scene. The basic report list drivers, vehicles and insurance ...
by Stanton
Mon Apr 04, 2011 3:23 pm
Forum: Red Light Camera Ticket
Topic: Red Light traffic tickets
Replies: 13
Views: 10131

Re: Red Light traffic tickets

Is it possible you updated your address shortly after the date of the offence? The weird thing is that if you had outstanding fines, you should NOT have been able to renew your plates. Are you sure both your vehicle and licence have the same address? Sometimes people change one but not the other.

As for the amount owing, I believe red light fines ...
by Stanton
Mon Apr 04, 2011 2:59 pm
Forum: Failing to remain at the scene of a collision
Topic: Told I would be charged but received no ticket
Replies: 3
Views: 3360

Re: Told I would be charged but received no ticket

The officer has up to six months to charge you with the offence. You would be summonsed and required to attend Court. It would not be like a regular ticket where it's assumed you're simply found guilty if you fail to respond within 15 days.

FYI it's a pretty serious charge, and your insurance rates could easily double if convicted. Could be worth ...
by Stanton
Mon Apr 04, 2011 2:50 pm
Forum: Prohibited turns
Topic: Prohibited Left Turn - Bloor & Dundas
Replies: 1
Views: 3468

Re: Prohibited Left Turn - Bloor & Dundas

Unfortunately some bylaw charges relating to prohibited turns can have demerit points assigned to them. It depends on the actual charge and section.
by Stanton
Mon Apr 04, 2011 2:49 pm
Forum: Stunt Driving
Topic: Picking the car up from impound, BIG PROBLEM
Replies: 1
Views: 3789

Re: Picking the car up from impound, BIG PROBLEM

Contact the police service and see if there is any type of documentation the owner can provide that would allow you to retrieve the vehicle. Policy will vary from one service to the next, and you may be out of luck. They have no legal obligation to return the vehicle to you if you're not the owner.
by Stanton
Fri Apr 01, 2011 7:53 pm
Forum: General Talk
Topic: Where Did the Jokes Go?? Add / Read Funny Jokes Here!
Replies: 71
Views: 48002

Re: Where Did the Jokes Go?? Add / Read Funny Jokes Here!

Yes its True! The Worst song Ever has arrived!



MAKE IT STOP!

But today, April 1st is... Friday! Friday! Gotta get down on Friday! Everybodys looking forward to the weekend! Weekend! Friday, Friday! Getting down on Friday! Everybodys looking forward to the weekend!

That also means that... tomorrow is Saturday! And Sunday comes afterwards ...
by Stanton
Fri Apr 01, 2011 7:45 pm
Forum: Parking Tickets
Topic: Parking 3M of Firehydrant
Replies: 6
Views: 8144

Re: Parking 3M of Firehydrant

I believe most parking infractions are absolute liability offences. If it's an absolute liability offence, the Crown need only show that it was your vehicle parked in front of the hydrant. If it was a strict liability offence, you could argue that the hydrant wasn't visible and you made reasonable efforts to park legally, but I don't think that's ...
by Stanton
Fri Apr 01, 2011 7:17 pm
Forum: Careless Driving
Topic: how to plead not guilty?
Replies: 14
Views: 6941

Re: how to plead not guilty?

I believe there are a number of mitigating circumstances: the poor signage, extremely sharp turn, layer of gravel/dirt on the paved road, hill, no ABS, and skid marks showing that I anticipated the turn hundreds of metres in advance. Should I get pictures of these facts and bring them with me on Monday or when I meet the prosecutor?

To be honest ...
by Stanton
Fri Apr 01, 2011 6:36 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136 (1)(a) Disobey Stop sign
Replies: 29
Views: 28926

Re: section 136 (1)(a) Disobey Stop sign

Thank you, that makes very good sense.

The other thing is how does the officer know I didnt stop. From my opinion I slowed down to a stop but didnt wait for 3 seconds or more. I continued on after a second.

Can I use this as an argument

From what you've posted the officer isn't arguing how long you stopped for, simply that you didn't stop. But ...
by Stanton
Fri Apr 01, 2011 6:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136km in 100km zone, 401 W, Cornwall, Aircraft Enforcement
Replies: 4
Views: 5569

Re: 136km in 100km zone, 401 W, Cornwall, Aircraft Enforceme

Certainly not a guarantee, but you might have a better than average chance of not having an officer make the trial. The Crown would likely need both the spotter and charging officer to attend Court. The spotter in the aircraft probably works in several different regions, meaning he'd have fewer available dates to attend Court compared to an officer ...
by Stanton
Fri Apr 01, 2011 12:57 am
Forum: Failing to remain at the scene of a collision
Topic: Fail to Remain- But thought there was no damage?
Replies: 6
Views: 9980

Re: Fail to Remain- But thought there was no damage?

run11 wrote: What should i do now?
Your legal obligation and report it. Or get a really good job to pay for sky high insurance premiums after you get charged with fail to remain.
by Stanton
Fri Apr 01, 2011 12:50 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136 (1)(a) Disobey Stop sign
Replies: 29
Views: 28926

Re: section 136 (1)(a) Disobey Stop sign

I'm sure the officers on here will agree with this.

100%. Not at all relevant to the charge, and your friend would not have had the ticket dropped for that reason. You can't be stopped for speeding ON private property under the HTA, but a police officer can setup on private property to catch people on the highway. Think about it, does the fact ...
by Stanton
Thu Mar 31, 2011 5:21 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136 (1)(a) Disobey Stop sign
Replies: 29
Views: 28926

Re: section 136 (1)(a) Disobey Stop sign

There's no magical explanation that you can use in Court to simply be found not guilty. Radar Identified gave you a few possible scenarios that can explain the offence, but it sounds like by your admission you just simply failed to stop. There is no point trying to perjure yourself on the stand by making up a defence, nor will anyone on this forum ...
by Stanton
Wed Mar 30, 2011 9:43 am
Forum: General Talk
Topic: Whose fault?????
Replies: 7
Views: 2554

Re: Whose fault?????

I think it's more to prevent people from using it as a turn lane and holding the bus up. These are almost always for those bus stops that lead into an intersection. I've never seen anyone parked in one of those, but I had seen buses honking away at turning cars before the "BUS ONLY" lines were painted because the cars had to wait for traffic and ...
by Stanton
Tue Mar 29, 2011 10:14 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 34155

Re: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hi

I don't think your odds of getting an adjournment are good. I was in the courtroom for one case with similar circumstances (think it was a 15-20 over). When the defendant's 11b got rejected, he asked for an adjournment. The JP asked him why he couldn't have prepared for trial over the last year. JP ended up standing down the trial for 30 minutes ...