Search found 2111 matches

by Stanton
Wed Mar 02, 2011 6:51 pm
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?

It sounds like the accident is possibly a non reportable collision, meaning no injuries and less than $1,000 damage. Because of that, you wouldn't need to report the matter to police, so you wouldn't be charged with failing to report it (no requirement to do so). That still doesn't mean you don't have to contact the owner of the parked vehicle and ...
by Stanton
Wed Mar 02, 2011 6:24 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to pull over
Replies: 22
Views: 13170

Re: Failure to pull over

I'm not trying to be a smart aleck by stating this, but I slid througth two stop signs and and half way through an intersection on a red light during that night.


That information, if anything, strengthens the Crown's case against you. It demonstrates you were well aware of the poor road conditions, yet were still driving in a manner and speed ...
by Stanton
Wed Mar 02, 2011 5:58 pm
Forum: Compulsory Automobile Insurance Act
Topic: drive no insurance twice, suspended licence for unpaid fines
Replies: 2
Views: 4461

Re: drive no insurance twice, suspended licence for unpaid f

Correction: Rereading your post, I realise that this is only your first offence for driving while under suspension. If that's the case, the minimum fine should be $1000, not $2000. Still pretty serious offences though and I'd still recommend getting some legal assistance.
by Stanton
Wed Mar 02, 2011 5:51 pm
Forum: Failing to stop for a school bus
Topic: School bus stopping for cars not on the same road?
Replies: 6
Views: 5317

Re: School bus stopping for cars not on the same road?

Yes, in your example you could legally proceed straight through or turn right, even if the school bus had its lights or stop arm activated. That is of course assuming you've yielded right away to all other vehicles and obeyed any other traffic controls such as the stop sign. In your example I'm curious as to why everyone was stopped if the bus didn ...
by Stanton
Wed Mar 02, 2011 5:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: should I try to have my ticket lowered?
Replies: 1
Views: 1652

Re: should I try to have my ticket lowered?

You need to dispute the ticket and request a first attendance meeting prior to trial. You'll have an opportunity to meet with the Crown attorney and request a reduction. If you agree to plead guilty, it's very likely the Crown will reduce your ticket to 15 over.

FYI, don't get too hung up on points. Insurance companies keep track of all ...
by Stanton
Tue Mar 01, 2011 10:07 pm
Forum: Compulsory Automobile Insurance Act
Topic: drive no insurance twice, suspended licence for unpaid fines
Replies: 2
Views: 4461

Re: drive no insurance twice, suspended licence for unpaid f

You're likely facing some very serious consequences due to your past history and large amount of outstanding fines. On top of additional fines, the Crown will likely seek a period of incarceration. I would seek legal representation if at all possible.

In terms of the actual fines/consequences, here's the list:

- Driving while under suspension on ...
by Stanton
Tue Mar 01, 2011 9:45 pm
Forum: General Talk
Topic: Plate Covers
Replies: 8
Views: 6206

Re: Plate Covers

I find even clear plate covers can be problematic unless they're regularly cleaned on both sides. They seem to have a knack for trapping dirt inside making the plates underneath much harder to read. Some of them also interact weirdly with certain vehicles' plate lights. It's hard to explain but it looks like the cover itself is glowing while the ...
by Stanton
Tue Mar 01, 2011 7:46 pm
Forum: Driving or operating a vehicle on a closed road
Topic: Crossing a closed road
Replies: 6
Views: 18280

Re: Crossing a closed road

If in doubt, you could always just put your car in neutral, give it a good push and let it roll across the highway. That way you can honestly say you weren't driving. :D
by Stanton
Tue Mar 01, 2011 7:44 pm
Forum: Failing to stop for a school bus
Topic: School bus stopping for cars not on the same road?
Replies: 6
Views: 5317

Re: School bus stopping for cars not on the same road?

If you did pass the school bus with it's lights on, you may be getting a nasty surprise in the mail. Remember, for this offence the registered owner of the vehicle can be charged (minus demerit points) if the bus driver records your plate.
by Stanton
Tue Mar 01, 2011 7:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: re: red light. fail to stop.
Replies: 5
Views: 2905

Re: re: red light. fail to stop.

Normally if you can show you were given the wrong charge, the prosecutor will withdraw it. I'm guessing in your case however, the officer probably believes you entered on the red light. Request disclosure so that you can get a copy of his notes and see what they say. If they DO show you entered on an amber, you're in luck. If not, you'll have to go ...
by Stanton
Tue Mar 01, 2011 6:10 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: re: red light. fail to stop.
Replies: 5
Views: 2905

Re: re: red light. fail to stop.

Sorry, I'm a little confused by your first post. Was the light amber or red when you entered the intersection? And were you charged with a red light offence or an amber light offence?

If you entered on an amber light, then it's a strict liability offence, making it easier to dispute. That means if you showed due diligence (couldn't safely stop ...
by Stanton
Tue Mar 01, 2011 5:30 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: re: red light. fail to stop.
Replies: 5
Views: 2905

Re: re: red light. fail to stop.

Failing to stop for a red light is an absolute liability offence, meaning the only defence is one of necessity. Since that certainly doesn't sound like the case, the other option is to try and raise reasonable doubt at trial.

You can request option 3 for any offence and seek disclosure. Disclosure for this type of charge would consist of little ...
by Stanton
Tue Mar 01, 2011 12:51 pm
Forum: Failing to stop for a school bus
Topic: School bus stopping for cars not on the same road?
Replies: 6
Views: 5317

Re: School bus stopping for cars not on the same road?

If I understand correctly, you turned left towards the school bus, meeting it head on. Did you actually pass the school bus while its lights were flashing? If you simply turned left but stopped before reaching the bus, your actions sound lawful. If you kept going and passed the bus while its lights were flashing, then you committed an HTA offence.
by Stanton
Tue Mar 01, 2011 8:35 am
Forum: Compulsory Automobile Insurance Act
Topic: Convert third party to full coverage insurance.
Replies: 2
Views: 2162

Re: Convert third party to full coverage insurance.

I can see no way it would be legally possible to change your coverage after an accident.
by Stanton
Tue Mar 01, 2011 8:30 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Hwy 403 Hamilton to Brantford - got 131km/h in a 100km/h
Replies: 7
Views: 5882

Re: Hwy 403 Hamilton to Brantford - got 131km/h in a 100km/h

Quotas have been frequently talked about, and the consensus is that police in Ontario simply don't have them. Click the link to Simon's blog (bottom of his post) and you'll see an entry on the very topic. The simple answer is that various officers have various tolerances for speeding. Some will stop you for 10 over, others won't even flinch until ...
by Stanton
Mon Feb 28, 2011 7:15 pm
Forum: Careless Driving
Topic: Help with my careless driving charge?
Replies: 13
Views: 10185

Re: Help with my careless driving charge?

As others have mentioned above, it's a difficult charge to prove, but based on your explanation of the situation, I wouldn't say the charge is completely without merit. Plead guilty to the lesser offence, and you'll have what's commonly considered a minor offence on your record, with typically minor insurance implications. Risk going to trial and ...
by Stanton
Mon Feb 28, 2011 6:44 pm
Forum: General Talk
Topic: Use plate not authorized for vehicle
Replies: 4
Views: 9278

Re: Use plate not authorized for vehicle

While I obviously can't give you a guarantee, from my experience the Crown rarely seeks more than the minimal fine on a first conviction. If you're able to show that you've corrected everything and agree to plead guilty it's even more likely.

Before the Justice of the Peace hands down his sentence, you'll be given the opportunity to provide input ...
by Stanton
Mon Feb 28, 2011 6:29 pm
Forum: General Talk
Topic: How do I know if cop is there
Replies: 1
Views: 1366

Re: How do I know if cop is there

If you don't recall what he looks like, you could check with the Crown or even approach another officer and ask.
by Stanton
Mon Feb 28, 2011 6:28 pm
Forum: General Talk
Topic: Speeding ticket, need a little advice.
Replies: 3
Views: 2110

Re: Speeding ticket, need a little advice.

I was wondering if I could some how get it taken off my record so my insurance company doesn't rob me blind. If not, do I have any other options?

Once you're convicted of the offence, it will appear on your record. There really isn't any way of removing them from your record except time.

That being said, ten over is likely considered a minor ...
by Stanton
Sun Feb 27, 2011 4:30 pm
Forum: General Talk
Topic: Use plate not authorized for vehicle
Replies: 4
Views: 9278

Re: Use plate not authorized for vehicle

The punishment for the offence is as follows:


...a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than thirty days, or to both, and in addition the persons licence or permit may be suspended for not more than six months.

If this is your first conviction and the circumstances are as you described, then you ...
by Stanton
Sun Feb 27, 2011 3:54 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at red light
Replies: 1
Views: 3298

Re: Failure to stop at red light

Failure to stop at a red light is what's known as an absolute liability offence, meaning you can't really use slippery roads as an excuse.

The officer was probably suggesting you request a first attendance meeting with the Crown. The Crown will sometimes offer a lesser fine/charge (sometimes with no demerit points) if you agree to plead guilty ...
by Stanton
Sat Feb 26, 2011 5:17 pm
Forum: Driving While Suspended
Topic: Court Date Tomorrow Need Advice...Suspended unpaid fine
Replies: 8
Views: 6564

Re: Court Date Tomorrow Need Advice...Suspended unpaid fine

What Court were you at? I have never heard of Duty Counsel being present for Provincial matters with the exception of family law.
by Stanton
Sat Feb 26, 2011 5:08 pm
Forum: Driving or operating a vehicle on a closed road
Topic: Crossing a closed road
Replies: 6
Views: 18280

Re: Crossing a closed road

This is the actual section from the Highway Traffic Act:

Highway closing
(2) For the purposes of subsection (1), a police officer may close a highway or any part thereof to vehicles by posting or causing to be posted signs to that effect, or placing or causing to be placed traffic control devices as prescribed in the regulations.

Driving on ...
by Stanton
Fri Feb 25, 2011 3:21 pm
Forum: Careless Driving
Topic: Summons for Careless Driving!! Please Help!!
Replies: 2
Views: 5486

Re: Summons for Careless Driving!! Please Help!!

You can try to blame the accident on the weather, but you have to show that you were driving with due diligence for the conditions. If you hit a hidden patch of ice, or there was a sudden downpour of freezing rain, you might have an argument. When the weather has been poor all day, you're aware of it and strike another vehicle that was able to stop ...
by Stanton
Thu Feb 24, 2011 11:25 am
Forum: Driving While Suspended
Topic: Court Date Tomorrow Need Advice...Suspended unpaid fine
Replies: 8
Views: 6564

Re: Court Date Tomorrow Need Advice...Suspended unpaid fine

Duty Counsel is not available in Provincial Offences Court. You could contact legal aid, but I don't believe you're eligible for any type of subsidised representation with Provincial offences.

The fact that you're dealt with your suspension and expired validation works in your favour, but the Crown is still under no obligation to reduce the charge ...
by Stanton
Thu Feb 24, 2011 11:21 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 68 in a 50 zone
Replies: 3
Views: 2027

Re: 68 in a 50 zone

TorontoGuy24 wrote:Any good excuses?
Speeding is an absolute liability offence, meaning why you committed the offence is pretty much irrelevant.

If you're worried about points, request a first attendance meeting with the Crown. I'm quite sure they'd be willing to reduce it to 15 over with a guilty plea, meaning you'd have no points.
by Stanton
Thu Feb 24, 2011 11:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticketed 131 in 100 zone
Replies: 13
Views: 4053

Re: Ticketed 131 in 100 zone

The police officer will not be there for a first attendance meeting. Try not to lose sleep, it's in the Crown's best interest to seek a resolution with you as well.
by Stanton
Thu Feb 24, 2011 12:50 am
Forum: Courts and Procedure
Topic: Re-Opening after guilty plea?
Replies: 4
Views: 2480

Re: Re-Opening after guilty plea?

Charges do not automatically get dropped just because the officer is not in attendance. In some busy jurisdictions JP's frequenly do dismiss minor HTA tickets if the Crown can't proceed, but it varies from one case to the next. The other option is you can seek an 11b motion if it's taken too long for your matter to get to trial, but that again ...
by Stanton
Thu Feb 24, 2011 12:49 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to pull over
Replies: 22
Views: 13170

Re: Failure to pull over

Well, you did commit the offence, but I don't believe it's an absolute liability offence. That means if you can honestly show you failed to act because you felt pulling over would cause an accident, you have a possible defence.

Can't really give you odds of success, because that depends on the Crown's evidence and how well everyone presents their ...
by Stanton
Wed Feb 23, 2011 12:01 pm
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 12635

Re: Fatal Error on Summons?

On your first Court date an information (a document listing the charges) will be read out, and entered on record. The officer who charged you is responsible for generating the document and forwarding it to the Courts. It's basically just a formal document that list the name of the accused, the charge wordings and section.