Search found 2111 matches

by Stanton
Sat Feb 12, 2011 12:44 am
Forum: Compulsory Automobile Insurance Act
Topic: conviction lifetime on file
Replies: 2
Views: 2280

Re: conviction lifetime on file

I think that would be dependent on the company/policy, each is likely different.

It wouldn't surprise me if they kept your conviction history on file forever (data storage is cheap), but they simply choose to overlook it after X years.
by Stanton
Sat Feb 12, 2011 12:36 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: 29498

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

Will FULL DISCLOSURE not include information on where the officer was parked, and what his line of visible sight is. Also, all his notes that he was taking on what he witnessed

Possibly. While there are certain facts in issue that officers should try to include in their notes, everyone makes their notes differently and some will put in ...
by Stanton
Fri Feb 11, 2011 11:41 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: 29498

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

Can I ask for FULL DISCLOSURE . In the event that perhaps they are not able to provide all the information.

Yes, but when you say "all the information", what are you expecting them to provide? For a stop sign offence, I can't think of much more than the officer's notes. While some offences can have a significant amount of disclosure (radar ...
by Stanton
Fri Feb 11, 2011 1:04 am
Forum: General Talk
Topic: failure to surrender license
Replies: 4
Views: 22316

Re: failure to surrender license

My wife was stopped by a cop in Dec. 2009 with two tickets disobey stop sign - fail to stop, and fail to surrender permit...oops this might be different from fai to surrender license. The cop did say if we could have the proof of bought stick, came to the station, they would quash the second charge. By the time we were the station a week or so ...
by Stanton
Fri Feb 11, 2011 12:54 am
Forum: Improper passing
Topic: Pass on Right, not in saftey 150(1)
Replies: 8
Views: 8471

Re: Pass on Right, not in saftey 150(1)

when you say very serious consequences for failure to report what do you mean?

On my ticket it says a $110.00 fine?

The officer told me that this isn't a crimal offense but instead a traffic violation.
Is there other things that can happen to me in court?

No, it's not a criminal offence. It's just a bad charge to have on your driving history ...
by Stanton
Fri Feb 11, 2011 12:46 am
Forum: Traffic Offences Outside Ontario
Topic: how do i pay for ticket in NYS
Replies: 1
Views: 2254

Re: how do i pay for ticket in NYS

I can't pay online because i don't have a zip code , and I def. don't want to mail a money order or my credit card information... totally not safe.

Any Ideas?

Have a friend call it in for you? Either that or simply mail in your credit card info, it's not that risky. Send it by registered mail if you really want to make sure it gets there ...
by Stanton
Fri Feb 11, 2011 12:37 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: 29498

Re: Ticket for failing to stop on a 3-way Stop sign


Can someone please advise how I can go about the prosecutors letting go of the 3-points

Just to clarify what Simon's saying, the Crown and JP can only change fines, not demerit points. Once you're convicted, the Ministry assigns the set number of points for the offence committed.

The only way to avoid points is to plead out to a different ...
by Stanton
Fri Feb 11, 2011 12:29 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Prosecutor bold faced lied in the court!!
Replies: 5
Views: 2712

Re: Prosecutor bold faced lied in the court!!

How do you guys think???

You're way too focused on what the Crown said that day. I think your idea is a very poor one. The JP probably won't allow you to continue with your questions, and it really shows nothing about the officer's credibility/note accuracy.

If you really want to go to trial, research how to fight a speeding charge. There's ...
by Stanton
Fri Feb 11, 2011 12:09 am
Forum: Driving While Suspended
Topic: driving in US
Replies: 2
Views: 3581

Re: driving in US


is my license valid just under suspension or am i disqualified from driving period?

The suspension means your license isn't valid. In fact, even when the suspension ends, the Ministry charges a reinstatement fee of $150 to reactivate your license. If you don't pay this fee, you'll still be be unlicensed. Slightly less serious then suspended ...
by Stanton
Wed Feb 09, 2011 9:02 pm
Forum: General Talk
Topic: Getting a new ontario g1 with fines from other province
Replies: 3
Views: 2701

Re: Getting a new ontario g1 with fines from other province

All other Provinces (and many States) have a reciprocal agreement with Ontario where any fines/suspensions received elsewhere are applied here as well. If your friend never paid off his Nova Scotia fines, he was likely suspended in that Province and therefore here as well. He will be unable to obtain an Ontario licence until he clears up his ...
by Stanton
Wed Feb 09, 2011 2:45 pm
Forum: Courts and Procedure
Topic: My next move
Replies: 5
Views: 2460

Re: My next move

I think you'd have a hard time arguing too much time has gone by since you consented to the latest delay. If the Crown or Courts had been unable to proceed on your date in February, that would be a different story. Whether you feel you got pushed into it or not, you still agreed for a trial in July. As with everything, it will be somewhat dependent ...
by Stanton
Wed Feb 09, 2011 9:15 am
Forum: Parking Tickets
Topic: parking ticket court
Replies: 2
Views: 2541

Re: parking ticket court

I've heard rumours that Toronto was quietly dropping basic parking tickets that people contested rather than go to trial over them. You'd think after four years they must have been dropped if you haven't heard anything. I'm pretty sure you're unable to renew your plates/licence if you have any outstanding fines, even at the municipal level.

Of ...
by Stanton
Wed Feb 09, 2011 9:03 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Prosecutor bold faced lied in the court!!
Replies: 5
Views: 2712

Re: Prosecutor bold faced lied in the court!!

You're assuming the Crown is purposefully lying without any proof. Perhaps the officer had been there all morning on other trial matters and the Crown believed he had truly stepped out. Perhaps the Crown made an honest mistake. Regardless, the Justice of the Peace determined that they didn't have enough time to hear your trial. You may believe you ...
by Stanton
Tue Feb 08, 2011 8:14 pm
Forum: General Talk
Topic: MEDICAL SUSPENSIONS
Replies: 10
Views: 10387

Re: MEDICAL SUSPENSIONS

I can appreciate you're probably not thrilled with your suspension, but the Highway Traffic Act states all medical practitioners and Optometrists have to file such reports, there is no discretion. They must do this for all persons who are 16 years of age or older, regardless if they're licensed or not. And you're correct, the Ministry does pay ...
by Stanton
Tue Feb 08, 2011 7:37 pm
Forum: General Talk
Topic: How long is too long for a charge to get a hearing.
Replies: 2
Views: 2437

Re: How long is too long for a charge to get a hearing.

Depends on the Justice of the Peace and the jurisdiction. In my experience, ten to twelve months seems to be the common time frame before a stay of proceedings will be granted.

Keep in mind the Court will look at factors for the delay. If it's because of a backlog in the Courts or an inability to proceed on the part of the Crown, the stay is more ...
by Stanton
Tue Feb 08, 2011 5:33 pm
Forum: Failing to obey signs
Topic: Disobyed Sign 182(2) - Officer gave me wrong ticket
Replies: 2
Views: 2422

Re: Disobyed Sign 182(2) - Officer gave me wrong ticket

I was going to suggest going right in to the police service and speaking with the officer in charge. It would be nice if they could simply pull both tickets before they even get sent through to the Courts saving everyone a lot of hassle. That's something that would have to be done ASAP though.

As Radar Identified says, it should be more than ...
by Stanton
Tue Feb 08, 2011 10:33 am
Forum: Courts and Procedure
Topic: Disclosure - Crown Refusal due to Sensitivity of contents
Replies: 2
Views: 2040

Re: Disclosure - Crown Refusal due to Sensitivity of content

What charges are you facing? Why is the disclosure deemed so sensitive? You're not providing a lot of information to go on.

I really don't know what to say other than if the charges are as serious as you allege, I would make all efforts to obtain competent legal representation. Some criminal lawyers will work on a payment plan if you can't afford ...
by Stanton
Tue Feb 08, 2011 10:16 am
Forum: Compulsory Automobile Insurance Act
Topic: Driving without Insurance & Driving while Under Suspension
Replies: 5
Views: 6820

Re: Driving without Insurance & Driving while Under Suspensi

The charges you're facing are relatively serious in terms of Provincial Offences. It may be worth consulting with a paralegal to see what options are available to you.

It is unlikely the charges would just be dropped, but if you agree to plead guilty the Crown may be willing to suggest that the Courts impose a reduced fine. You'll also want to ...
by Stanton
Tue Feb 08, 2011 10:04 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: What is the strength of a witness?
Replies: 3
Views: 2240

Re: What is the strength of a witness?

Passengers in your vehicle can give evidence on your behalf, but they are less likely to be seen as impartial by the Courts due to possible bias. Still, if you feel they have relevant evidence to give, they can provide testimony at trial. They will be cross examined by the Crown and then the Justice of the Peace will determine the credibility of ...
by Stanton
Tue Feb 08, 2011 9:30 am
Forum: Improper passing
Topic: Pass on Right, not in saftey 150(1)
Replies: 8
Views: 8471

Re: Pass on Right, not in saftey 150(1)

When you say "appeared to be less than 1000 damage" does that mean that it doesn't matter if it is or not but if it appeared to be you have to report it? I ask because it looked like a lot of damage because the bumper was hanging off but it was a plastic bumper and it looked worse than it was.


At the time of the accident, if the damage ...
by Stanton
Sun Feb 06, 2011 9:27 pm
Forum: Police Cruisers and Vehicles
Topic: "Military Police" markings - allowed?
Replies: 5
Views: 3967

Re: "Military Police" markings - allowed?

It somewhat depends on the situation and how it's being used, but I don't think you'd have any concerns.

You mentioned the HTA, section 62, which covers the use of flashing red lights. As you've said, as long as you don't activate the lights on any highway, I think you're fine. The HTA reads like you can't have such lights equipped, but I've ...
by Stanton
Sun Feb 06, 2011 9:03 pm
Forum: General Talk
Topic: failure to surrender license
Replies: 4
Views: 22316

Re: failure to surrender license

It's not a play on words. This is the section you've been charged under:

Carrying licences and surrender on demand

33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable ...
by Stanton
Sun Feb 06, 2011 7:02 pm
Forum: Failing to obey signs
Topic: Mayfield Rd, Caledon Disobey sign
Replies: 16
Views: 5414

Re: Sect 182 (2) Disobey sign

I've never heard of that section being used for what is basically a parking offence. It seems quite heavy handed for the infraction. Typically the section is used when people make turns at intersections where there are signs posted prohibiting such actions.

I'm a little surprised the officer didn't use some discretion and just let you off with a ...
by Stanton
Sun Feb 06, 2011 5:10 pm
Forum: General Talk
Topic: What could happen if someone copies your plate # down.....
Replies: 8
Views: 29255

Re: What could happen if someone copies your plate # down...

Every police service will handle these complaints somewhat differently, and it will also be dependent on the seriousness of the complaint.

If someone calls in while following a vehicle, the dispatcher will usually broadcast the plate over the air, and see if any officers are in the area. If police get a call after the fact, they may contact the ...
by Stanton
Sat Feb 05, 2011 9:42 am
Forum: General Talk
Topic: Speed Enforcement Works, If done Properly!!
Replies: 3
Views: 1953

Re: Speed Enforcement Works, If done Properly!!

How would you go about fighting that ticket?
by Stanton
Fri Feb 04, 2011 4:57 pm
Forum: Failing to remain at the scene of a collision
Topic: FAIL TO REMAIN
Replies: 9
Views: 10881

Re: FAIL TO REMAIN

This isn't definative, just my opinion, but reading the wording for 200(1) makes it sound like you could be found NOT guilty of that offence. But again, I have no idea about relevant case law for that charge. Hopefully someone more experienced could give you a better idea.
by Stanton
Fri Feb 04, 2011 2:41 pm
Forum: Improper passing
Topic: Pass on Right, not in saftey 150(1)
Replies: 8
Views: 8471

Re: Pass on Right, not in saftey 150(1)

You may have some good arguments against the Failing to Report charge. If the damage to BOTH vehicles appeared to be under $1000 and there were no injuries, then no police report is necessary. The fact that he told you not to worry about reporting the accident is hard to prove in court, and still doesn't relieve you of your duty to do so. The ...
by Stanton
Fri Feb 04, 2011 2:25 pm
Forum: Failing to remain at the scene of a collision
Topic: FAIL TO REMAIN
Replies: 9
Views: 10881

Re: FAIL TO REMAIN

In every instance where I've been party to a call to the police where there have been no injury - the wait has been several hours or they just say to drop by a station or reporting center and thats with the other parties present.


You're still required to report the accident right away. The police may take several hours to respond or direct you ...
by Stanton
Fri Feb 04, 2011 12:39 pm
Forum: General Talk
Topic: Traffic ticket for expired plate sticker
Replies: 8
Views: 19686

Re: Traffic ticket for expired plate sticker

nadeem wrote:Any advice to defend?
Nope.

As repeated above, ignorance isn't a defence. Request to plead guilty to a reduced fine.
by Stanton
Fri Feb 04, 2011 10:26 am
Forum: Prohibited turns
Topic: U-Turn
Replies: 1
Views: 5269

Re: U-Turn

From the explanation provided, it doesn't sound like you actually made a u-turn, so therefore you didn't commit the offence. What was the intersection and actual charge (section #)? Do you know where the officer was and did you explain what happened?

As for driving with an expired licence, I think that would be much harder to dispute in court. You ...