Search found 2111 matches

by Stanton
Mon Feb 09, 2015 1:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail to Stop (But it was definitely Amber!)
Replies: 17
Views: 7816

Re: Red Light - Fail to Stop (But it was definitely Amber!)

In regards to the TicketCombat disclosure request form, keep in mind most of what it lists simply doesnt exist in your matter (i.e. witness statements, criminal records, etc.). The only two things you should expect to receive are copy of the officers notes and a copy of the video (should it exist). If upon receiving the notes you find theyre ...
by Stanton
Mon Feb 09, 2015 1:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(10) - need advice for 1st time in court
Replies: 3
Views: 2579

Re: HTA 144(10) - need advice for 1st time in court

Actually the officer gave you a break by charging you with disobey lane light 144(10) instead of failing to stop for a red light 144(18). Not only is the fine significantly less ($110 versus $325) but there are no demerit points (versus 3 for the actual red light offence). So if demerit points is your main concern, you can stop worrying.
by Stanton
Sun Feb 08, 2015 8:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket for speeding on highway 401 (125 km/h)
Replies: 27
Views: 9748

Re: Ticket for speeding on highway 401 (125 km/h)

A parking ticket is not a highway traffic charge. You cannot have a speeding ticket changed to a parking ticket. Sometimes you can have your charge amended to a lesser offence under the HTA, but that will not help you with insurance.
by Stanton
Sun Feb 08, 2015 6:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket for speeding on highway 401 (125 km/h)
Replies: 27
Views: 9748

Re: Ticket for speeding on highway 401 (125 km/h)

t3ch9 wrote:Hey, a friend of mine told me to try to get a non-moving violation?
Here in Ontario, a ticket is a ticket. Your insurance provider will treat an expired licence plate ticket the same as your 25 over charge. They're not interested in demerit points etc. Changing the charge to a "non-moving" violation will not help your insurance rates.
by Stanton
Thu Jan 29, 2015 3:04 pm
Forum: Careless Driving
Topic: After accident, the police gave me a Careless Driving ticket
Replies: 28
Views: 13909

Re: After accident, the police gave me a Careless Driving ti

Read through the forums as this is a very common topic. Careless driving is the typical charge laid in any rear end collision. Your best bet is probably to take a plea deal to a lesser offence such as follow too close.
by Stanton
Mon Jan 26, 2015 6:59 pm
Forum: Failing to obey signs
Topic: Disobey Sign (Officer on private property)
Replies: 1
Views: 3258

Re: Disobey Sign (Officer on private property)

RexTaz wrote:I just want to know if I can fight it in trial based on the officer being on private property or is that not a valid defense?
No, that would not be a defence.

If the private property owner asked the officer to leave, he would most likely have to comply, but it has no bearing on your offence.
by Stanton
Wed Jan 21, 2015 4:09 pm
Forum: Summon
Topic: Caught with a Suspended Driver's Licence for Unpaid Fines
Replies: 7
Views: 6924

Re: Caught with a Suspended Driver's Licence for Unpaid Fine

I think most posters on these forums would agree that you should never blindly plead guilty to an offence. However for a serious charge like driving under suspension, you dont want to force a trial without a viable defence. A conviction for driving under suspension is considered a serious offence by insurance companies. Your rates will easily ...
by Stanton
Wed Jan 21, 2015 10:57 am
Forum: General Talk
Topic: HTA 78.1 (Distracted Driving)
Replies: 7
Views: 7355

Re: HTA 78.1 (Distracted Driving)

An incorrect fine should help simplify forcing a fatal error.

Just to be sure, what is the fine shown on your ticket? It should be $225/$280
by Stanton
Wed Jan 21, 2015 10:50 am
Forum: Summon
Topic: Caught with a Suspended Driver's Licence for Unpaid Fines
Replies: 7
Views: 6924

Re: Caught with a Suspended Driver's Licence for Unpaid Fine

Id agree with Bend that it could go either way. You may be offered a plea deal to driving without a licence which doesnt carry the automatic suspension. Youll probably still be looking at upwards of $500 in fines, but you can request additional time to pay from the Court (i.e. payment plan).

Its certainly in your best interest to follow ynotps ...
by Stanton
Sat Jan 17, 2015 10:19 am
Forum: Failing to obey signs
Topic: Proceed Contrary to Sign Highway Traffic Act S144 (9)
Replies: 2
Views: 2976

Re: Proceed Contrary to Sign Highway Traffic Act S144 (9)

Possibly. The officer will need to show you were operating a motor vehicle as an element of the offence. While he wouldn't need to know the exact model etc. of your vehicle, a complete lack of info is problematic. Unless it was a memorable stop, I doubt the officer would have much recollection of your vehicle without some notes to refresh his ...
by Stanton
Sat Jan 17, 2015 10:13 am
Forum: Traffic Offences Outside Ontario
Topic: Notice of Reinstatement when my license wasnt suspended...
Replies: 3
Views: 2934

Re: Notice of Reinstatement when my license wasnt suspended.

The letter you received doesn't make any sense based on your story. I'm wondering if you're the victim of a clerical error or computer glitch.

Until you can speak with someone on Monday, I would absolutely NOT drive. Even if the letter you received is a mistake, your licence will still show you require an interlock device. If you got stopped by ...
by Stanton
Thu Jan 15, 2015 7:24 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 145KM/HR IN 100 POSTED HWY 401
Replies: 13
Views: 6181

Re: 145KM/HR IN 100 POSTED HWY 401

I'd say something is wrong with the test times as recorded. No way the officer worked from 11:00 am to 4:00 am. I'm guessing she meant 11:00 pm as the test time since you were stopped shortly afterwards.
by Stanton
Wed Jan 14, 2015 6:03 pm
Forum: Failing to obey signs
Topic: Section 182 (2) Disobey Sign
Replies: 8
Views: 10216

Re: Section 182 (2) Disobey Sign

I can't think of any equivalent offence that would have less demerit points.
by Stanton
Tue Jan 13, 2015 9:16 am
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Halton Hills - Need Advice.
Replies: 15
Views: 9601

Re: Red Light Camera Ticket - Halton Hills - Need Advice.

The photograph should clearly show if the light was red or not. Your defence options are pretty limited if the camera was working.
by Stanton
Mon Jan 12, 2015 8:39 pm
Forum: Bylaws Pertaining to Traffic
Topic: Is this an offense?
Replies: 5
Views: 3697

Re: Is this an offense?

If I follow your description of events correctly, it sounds like what the other driver was doing is lawful. If youd driven into the back of their car you most likely would have been found at fault and charged. I do understand however that you wouldnt typically expect someone to stop mid intersection.
by Stanton
Mon Jan 12, 2015 8:31 pm
Forum: Improper right turn
Topic: London, ON - Ticket for Prohibited Right Turn
Replies: 2
Views: 3994

Re: London, ON - Ticket for Prohibited Right Turn

Typically anytime youre charged under a municipal bylaw, you dont have to worry about demerit points since theyre mainly just applied to Highway Traffic Act offences. Unfortunately theres always an exception and your charge is one of them.

The regulation dealing with demerit points can be found here: https://www.canlii.org/en/on/laws/regu/o-reg ...
by Stanton
Mon Jan 12, 2015 11:14 am
Forum: General Talk
Topic: Expired G2
Replies: 7
Views: 6261

Re: Expired G2

Once it has expired I believe you're out of luck.
by Stanton
Tue Jan 06, 2015 5:29 pm
Forum: General Talk
Topic: Left turn and solid yellow lines far apart
Replies: 5
Views: 7344

Re: Left turn and solid yellow lines far apart

I know the area you're talking about. This is one of those cases where you have to go by the Highway Traffic Act definition of "median" versus the plain English one. The Highway Traffic Act describes a median strip as the following:

portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in ...
by Stanton
Tue Jan 06, 2015 10:14 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket advice
Replies: 6
Views: 4917

Re: Speeding ticket advice

You received everything you should expect in disclosure. Some of the items you asked for simply don't exist or won't be provided. Assuming the officer is competent in giving evidence, everything required for a conviction is in his or her notes.

I see no benefit in hiring a paralegal unless you plan to fight the charge outright. You'll likely pay ...
by Stanton
Mon Jan 05, 2015 3:09 pm
Forum: Improper left turn
Topic: PROCEED CONTRARY TO SIGN AT INTERSECTION Sec 144 (9)
Replies: 7
Views: 21387

Re: PROCEED CONTRARY TO SIGN AT INTERSECTION Sec 144 (9)

Selecting the trial option does not mean you actually have to proceed with a trial. You can plead guilty at any time, right up until your trial is underway. You also don't require legal representation.


I didn't understand the point "then the crown has numerous zero point charges they can amend to; a popular one is S144 (12)" meaning the Judge ...
by Stanton
Sun Jan 04, 2015 4:53 pm
Forum: Driver failing to wear a seat belt
Topic: meeting with JP tomorrow - not sure what to expect or say?
Replies: 1
Views: 2987

Re: meeting with JP tomorrow - not sure what to expect or sa

What do you actually have tomorrow? Are you attending Court to plead guilty? Or is it a pre-trial meeting with the Crown? The reason I ask is that you don't have meeting with the Justice of the Peace regarding your fine. You can have a pre-trial meeting with the prosecutor and try to work out a plea deal where they recommend a reduced fine in ...
by Stanton
Thu Jan 01, 2015 9:27 pm
Forum: General Talk
Topic: Validated Stcker
Replies: 1
Views: 1267

Re: Validated Stcker

There is no defence per se if the validation was expired. That being said, some jurisdictions will withdraw the charge if you show the Crown it wasn't grossly expired and you quickly remedied the problem.
by Stanton
Wed Dec 31, 2014 8:00 am
Forum: General Talk
Topic: Warning tickets
Replies: 6
Views: 9965

Re: Warning tickets

I've never seen a warning "ticket" before. What police service issued it and is it on an actual form?

Police agencies will typically keep local, internal records regarding traffic stops. How long the records are kept would depend on the agencies policies, but police only have six months for most HTA offences to lay a charge.
by Stanton
Tue Dec 30, 2014 12:21 pm
Forum: Courts and Procedure
Topic: Collision with tree gets a careless driving charge
Replies: 7
Views: 3264

Re: Collision with tree gets a careless driving charge

Did you post about your accident earlier? I swear I read about this same scenario a few months back. :?

I agree that the sequence of events you describe may be a tough sell in Court. If the Crown can establish a case of careless driving against you, the onus falls back on you to prove it was through no fault of your own. Mechanical defects will ...
by Stanton
Sun Dec 28, 2014 5:36 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Replies: 38
Views: 11679

Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET

FryDaze wrote: Am I able to force a fatal error if I decide to DO NOTHING?
Yes, you should be able to. As you've noted, you were incorrectly given a fine for 15 over.
by Stanton
Tue Dec 23, 2014 4:11 pm
Forum: General Talk
Topic: Caught speeding but received someone elses ticket
Replies: 4
Views: 2149

Re: Caught speeding but received someone elses ticket

First of all has anyone ever experienced these large printed white tickets before?

They're the new "e-tickets", which print out from a large spool. They're ridiculously large and it looks like you're being handed a scroll when you get one. I wonder if the officer eventually noticed the mistake, or if everyone was receiving a ticket from the ...
by Stanton
Tue Dec 23, 2014 9:28 am
Forum: Parking Tickets
Topic: Parking Offence - Strict Liability offence?
Replies: 2
Views: 3866

Re: Parking Offence - Strict Liability offence?

I was always under the impression parking offences are absolute liability.

This Ontario Court of Justice guide lists parking as an absolute liability offence: http://www.ontariocourts.ca/ocj/self-represented-parties/guide-for-defendants-in-provincial-offences-cases/guide/

Here's a decision on appeal regarding an expired meter from Ontario. The ...
by Stanton
Sun Dec 21, 2014 5:48 pm
Forum: General Talk
Topic: Wrong Date on Ticket
Replies: 1
Views: 1727

Re: Wrong Date on Ticket

Did you receive a ticket or a summons? A ticket will have a fine on it that you can pay instead of going to Court. A summons has no fine and requires you to attend Court.

If you received a summons (which it sounds like) they will have to issue you a corrective summons with the new Court date on it. I'm not sure the error will benefit you unless ...
by Stanton
Sun Dec 21, 2014 4:42 pm
Forum: General Talk
Topic: reference request for boxes on provincial ticket
Replies: 1
Views: 1468

Re: reference request for boxes on provincial ticket

I'm not aware of any official guide or documentation regarding how the boxes on tickets are to be filled out. I believe many, such as the actual "code" box, are left up to the individual policing agency or prosecutors office.

Motor vehicle involved simply refers to whether a motor vehicle was involved in the offence. The default on tickets is a ...
by Stanton
Fri Dec 19, 2014 3:15 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure (clarification)
Replies: 3
Views: 2038

Re: Disclosure (clarification)

With e-tickets, the officer types his notes at the time of the stop and theyre submitted electronically along with the ticket. One of the main benefits is that its supposed to help simplify disclosure, since the Crown doesnt have to send a request to the officer any more to photocopy their notes.

In regards to distances, if the officer recorded ...