Search found 2111 matches

by Stanton
Thu Mar 10, 2011 6:16 pm
Forum: General Talk
Topic: Missed court date by accident, please help
Replies: 5
Views: 11266

Re: Missed court date by accident, please help

You'd need to file a request for the JP to strike your earlier conviction and reopen the matter. I believe you only have 15 days from the date of conviction to do so. And as Simon mentioned, you'll need to explain why you couldn't attend. Valid reasons are you were never served notice of circumstances beyond your control. The fact that you simply ...
by Stanton
Thu Mar 10, 2011 2:08 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Shitty situation - Help plz
Replies: 3
Views: 1809

Re: Shitty situation - Help plz

You can request disclosure, which would provide you a copy of the accident report and witness statements. That would give you a good idea of how they determined you were at fault and how strong the case against you is. If there is a credible independent witness, it will be somewhat harder to dispute the charge versus if it was just you and the ...
by Stanton
Tue Mar 08, 2011 5:57 am
Forum: General Talk
Topic: Speeding charge by pacing
Replies: 1
Views: 2473

Re: Speeding charge by pacing

200 metres sounds like a reasonable distance, especially if the officer can testify that she was going a set speed and clearly observed you pass her and/or pull away. She may not know you're exact speed, but can at least testify to the fact you were at least going X over. The longer you pace a vehicle the better, but there's no set distance and it ...
by Stanton
Tue Mar 08, 2011 5:43 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 22 km over (72 in 50 zone)
Replies: 27
Views: 6613

Re: 22 km over (72 in 50 zone)

From reading the forums I know that the officer must test the laser before and after using it. On the notes that were supplied to me in the disclosure package, all it says is "ATL ##### OK M+T" It does not specify the time it was done and if a retest was performed after I was pulled over.
Just to be clear, laser does NOT need to be tested ...
by Stanton
Mon Mar 07, 2011 6:33 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop on Red
Replies: 5
Views: 2015

Re: Fail to Stop on Red

Unless there is some type of fatal error I don't see why the ticket would be withdrawn. The officer believes you entered the intersection on a red light while you believe it was on an amber light. The Crown won't withdraw the charge just because you dispute the evidence, that's what the trial is for. If you did enter the intersection on a red, the ...
by Stanton
Mon Mar 07, 2011 2:50 pm
Forum: Failing to remain at the scene of a collision
Topic: Accident in a parking garage, no charges yet but need advice
Replies: 2
Views: 4012

Re: Accident in a parking garage, no charges yet but need ad

The police have up to 6 months to charge you with an offence, though it's unlikely it will take that long. The collision itself sounds like a relatively minor accident that would normally be classified as non reportable (meaning the police don't have to be involved and you wouldn't be charged) but since you failed to remain that's no longer an ...
by Stanton
Sun Mar 06, 2011 3:16 pm
Forum: General Talk
Topic: reasonable suspicion vs reasonable grounds to beleive
Replies: 1
Views: 6134

Re: reasonable suspicion vs reasonable grounds to beleive

The simplest explanation is reasonable suspicion is a lower standard then reasonable grounds. Suspicion is the threshold that can allow police to proceed with an investigation, and reasonable grounds is the threshold to proceed with a charge.

One example would be if you're a G2 driver stopped by police at a RIDE checkpoint. The officer asks you ...
by Stanton
Sat Mar 05, 2011 5:49 pm
Forum: Bylaws Pertaining to Traffic
Topic: Disobey Official Sign- Ottawa City Bylaw 2003-530-advise
Replies: 3
Views: 5910

Re: Disobey Official Sign- Ottawa City Bylaw 2003-530-advise

I'm pretty sure you're in the clear with that charge. Prohibited turns are the only bylaw infractions that I'm aware of to carry demerit points. Without demerit points, the conviction (if paid) should not appear on your record. There are a few other posters who are more familiar with bylaw infractions that can hopefully confirm this.

If the charge ...
by Stanton
Sat Mar 05, 2011 5:26 pm
Forum: Careless Driving
Topic: Careless Driving Ticket
Replies: 2
Views: 4317

Re: Careless Driving Ticket

I'm kind of surprised they didn't just charge you with disobey stop sign in the first place. Was there some other extenuating circumstances to warrant the careless driving charge?
by Stanton
Sat Mar 05, 2011 5:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong gender / wrong set fine - 22km over
Replies: 11
Views: 3920

Re: Wrong gender / wrong set fine - 22km over

Yes, insurance companies typically look at all convictions, regardless of demerit points. That being said, a speeding conviction of 22 over would likely be considered a minor conviction. Most providers overlook your first minor conviction. If you get two or three minor convictions, then you could be looking at a rate hike of 5-10%. Major ...
by Stanton
Fri Mar 04, 2011 2:15 pm
Forum: Compulsory Automobile Insurance Act
Topic: dealer plates and insurance
Replies: 3
Views: 10137

Re: dealer plates and insurance

Based on what you've said the charge for driving with no insurance sounds incorrect. I can't see forgetting to plate the vehicle rendering all insurance invalid. What if you're driving along and the dealer plate suddenly fell off? Are you suddenly uninsured? I'm also curious as to why you were charged. It's the owner/lessee who's responsible for ...
by Stanton
Fri Mar 04, 2011 2:04 pm
Forum: Careless Driving
Topic: Careless Driving Advice--First Ticket
Replies: 3
Views: 3219

Re: Careless Driving Advice--First Ticket

t's a fairly serious charge, so legal representation may be recommended. That being said, based on your version of events, I think it's quite likely the Crown would offer you a plea deal to some lesser charge such as fail to pull over. A legal representative could give you the best idea of how strong a case the Crown has with careless and whether ...
by Stanton
Thu Mar 03, 2011 6:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Really need some help.
Replies: 2
Views: 1379

Re: Really need some help.

I'm not aware of any online PDF version of the manual. That being said, if you can show that the manual is relevant to your defence, the Crown has an obligation to provide a copy. If you haven't received the manual prior to trial, I'd notify the JP and ask for an adjournement until you obtain it. FYI they don't usually provide you with the whole ...
by Stanton
Thu Mar 03, 2011 5:56 pm
Forum: Driving While Suspended
Topic: Suspended - Can't get a job!
Replies: 1
Views: 1686

Re: Suspended - Can't get a job!

It entirely depends why you were suspended. When I look at the length of your suspension, I'm guessing it's for something criminal, in which case it's no longer a Highway Traffic Act related matter. If I'm wrong and it is HTA related, you'll have to advise what the suspension is for. Medical suspensions can be appealed, and there are usually ...
by Stanton
Wed Mar 02, 2011 8:31 pm
Forum: Failing to remain at the scene of a collision
Topic: Fail to Remain- But thought there was no damage?
Replies: 6
Views: 9745

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

So to clarify, is it up to the police to decide to charge me? Or is it dependant on the owner of the other car?
They may seek input from the other driver, but ultimately the police decide whether to lay a charge or not.

Is it possible to settle this with only the owner of the other car (without police)?
No, not after the matter has been ...