Search found 2111 matches

by Stanton
Tue Dec 16, 2014 2:51 pm
Forum: General Talk
Topic: [Ont]Got a ticket for 13(2) obstructing plate, need help
Replies: 11
Views: 8823

Re: [Ont]Got a ticket for 13(2) obstructing plate, need help

Thanks for all the great advice guys! My plan is to bring in the Hoffner case, purchase new plates and my 407 papers as well. I will inform the judge that the officer gave me a ticket for a dirty license plate, but then also informed me that purchasing new plates would help reduce the ticket. If my plate was simply dirty, there would be no need to ...
by Stanton
Mon Dec 15, 2014 10:45 pm
Forum: General Talk
Topic: [Ont]Got a ticket for 13(2) obstructing plate, need help
Replies: 11
Views: 8823

Re: [Ont]Got a ticket for 13(2) obstructing plate, need help

That is the correct section but the wrong wording. There are actually three offences in that sub section and a corresponding wording for each. The correct wording should have been: Entire plate not plainly visible.
The other wordings cover 1-dirt and obstructions like snow, and 2- parts of the vehicle or attachments like bike racks.

Have you ...
by Stanton
Mon Dec 15, 2014 11:37 am
Forum: General Talk
Topic: Red-ish parking light
Replies: 3
Views: 1838

Re: Red-ish parking light

Technically yes, it is an offence to have any red light shine (not just flash) at the front of a vehicle. Section 62(15) of the HTA deals with the subject:

Red and blue lights to the front restricted
(15) In addition to the lighting requirements in this Part, a vehicle described in subsection (15.1) may carry lamps that cast a red light only or ...
by Stanton
Sun Dec 14, 2014 10:46 pm
Forum: General Talk
Topic: [Ont]Got a ticket for 13(2) obstructing plate, need help
Replies: 11
Views: 8823

Re: [Ont]Got a ticket for 13(2) obstructing plate, need help

Again though that's just my opinion on reading the section. I'm not sure what case law there is or what other people have experienced in Court. Regardless though I'd suggest getting a new plate. The Crown may be willing to simply withdraw the charge if they see the issue has been taken care of. The MTO will replace the plate free of charge if it's ...
by Stanton
Sun Dec 14, 2014 10:44 pm
Forum: General Talk
Topic: Would this be the charge for the John Q. Public?
Replies: 3
Views: 1953

Re: Would this be the charge for the John Q. Public?

I understand the perceived favouritism considering rear end collisions typically result in a careless driving charge. But the notion that charges were only laid after public outcry is not supported by either article. The second article states the accident was still under investigation at press time, not that no charges were pending. Social media ...
by Stanton
Sun Dec 14, 2014 9:21 pm
Forum: General Talk
Topic: [Ont]Got a ticket for 13(2) obstructing plate, need help
Replies: 11
Views: 8823

Re: [Ont]Got a ticket for 13(2) obstructing plate, need help

Reading the section, I don't think the charge is appropriate. The section deals with failing to keep the plate clean or obstructing it from view. A plate that has simply faded doesn't really apply.

Your offence history (or lack thereof) is irrelevant to the charge.
by Stanton
Sun Dec 14, 2014 9:09 pm
Forum: General Talk
Topic: Would this be the charge for the John Q. Public?
Replies: 3
Views: 1953

Re: Would this be the charge for the John Q. Public?

If the evidence suggests the officer accelerated from a stopped position into the back of the bus, the charge is correct. The offence carries 2 demerit points. I don't see where in the article is says the charge was only laid after public outcry.
by Stanton
Thu Dec 11, 2014 4:17 pm
Forum: Prohibited turns
Topic: 182 (2) Disobey Sign - Help
Replies: 15
Views: 8989

Re: 182 (2) Disobey Sign - Help

I was just curious. I did actually find the meeting where the sign was approved online. I assumed it was legitimate but thought that maybe a lack of by-law in disclosure would aid in a case for lack of disclosure. It was worth a shot.
I only suggested you check in case no bylaw existed. Regardless, if the Court agrees that the Crown has an onus ...
by Stanton
Wed Dec 10, 2014 8:09 pm
Forum: Prohibited turns
Topic: 182 (2) Disobey Sign - Help
Replies: 15
Views: 8989

Re: 182 (2) Disobey Sign - Help

Ticketcombat is an excellent resource and starting point, but dont take it as gospel.

Posters on this forum have reported mixed results arguing the requirement to provide a bylaw for signs. The Crown will typically argue the sign itself is evidence of the bylaw. Unfortunately I dont know what case law says on this point. Be prepared to argue why ...
by Stanton
Wed Dec 10, 2014 5:56 pm
Forum: General Talk
Topic: car buying advise
Replies: 2
Views: 1592

Re: car buying advise

Unless you transfer your old plates over to the new car, return them to the MTO. You will receive a refund or credit for every full month left on your validation. The MTO will also record the fact that the plates were returned which prevents future liability should someone "borrow" them.
by Stanton
Wed Dec 10, 2014 11:17 am
Forum: Driving While Suspended
Topic: License Suspension
Replies: 1
Views: 3332

Re: License Suspension

1) I don't believe there is any appeal process to have the reinstatement fee (not a fine) waived.
2) Even if you don't have a licence, when you fail to pay a fine a licence number is generated and the suspension recorded. So you can actually be suspended without ever having been licenced and would need to pay a reinstatement fee prior to being ...
by Stanton
Wed Dec 10, 2014 11:14 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure (clarification)
Replies: 3
Views: 2038

Re: Disclosure (clarification)

If you received an electronic ticket (i.e. the ticket itself is typed) then there are no hand written notes, only the typed ones. A copy of the ticket itself is irrelevant unless the officer made notes on it. I would say your disclosure is only incomplete if handwritten notes do exist and weren't provided.
by Stanton
Mon Dec 08, 2014 6:52 pm
Forum: Prohibited turns
Topic: 182 (2) Disobey Sign - Help
Replies: 15
Views: 8989

Re: 182 (2) Disobey Sign - Help

Sign placement and visibility is covered by regulation 615 of the HTA: https://www.canlii.org/en/on/laws/regu/rro-1990-reg-615/latest/rro-1990-reg-615.html. There are requirements for how far back signs must be visible from, etc.

Im personally of the belief you should provide your phone number. If the Court office told you they would call and you ...
by Stanton
Thu Dec 04, 2014 7:14 pm
Forum: Stunt Driving
Topic: 147 in 90 zone - first offence - probable outcome?
Replies: 5
Views: 4096

Re: 147 in 90 zone - first offence - probable outcome?

I agree, try handling it yourself, especially if the person you're paying doesn't seem to be doing much. A lot of the resolution process can be done by telephone now anyways if the jurisdiction supports it.
by Stanton
Thu Dec 04, 2014 7:05 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 155 in 100 (401 WB)
Replies: 4
Views: 5043

Re: Speeding 155 in 100 (401 WB)

Your driving history (past convictions) and offence particulars (i.e. speeding on a highway versus speeding through a school zone) would probably both be factors considered by the Court in terms of determining a suspension. You cant be incarcerated for speeding (only stunt driving) so you dont have to worry about jail.

The Crown will probably ...
by Stanton
Thu Dec 04, 2014 6:53 pm
Forum: General Talk
Topic: Fatal Error
Replies: 1
Views: 1629

Re: Fatal Error

This question came up recently in another post and I havent seen a clear answer. There is case law stating the set fine must be correct, but it doesnt clarify if the total payable must be correct as well. Another poster reported having no luck trying to get his ticket quashed when only the total payable was wrong, but that might have just been bad ...
by Stanton
Thu Dec 04, 2014 6:30 pm
Forum: Failing to yield the right-of-way
Topic: Accident - Struck parked car - s.139 HTA
Replies: 1
Views: 3437

Re: Accident - Struck parked car - s.139 HTA

Theres been some discussion on this very topic before. For what its worth I think the general consensus was that charge wouldnt apply when dealing with parked vehicles and/or stationary objects. Im not sure if theres any applicable case law.

Short of careless driving, I think the more appropriate charge would be start from stop not in safety ...
by Stanton
Wed Dec 03, 2014 11:43 pm
Forum: General Talk
Topic: Help/Advice needed: speeding ticket 15km/h, 25 birthday soon
Replies: 1
Views: 2012

Re: Help/Advice needed: speeding ticket 15km/h, 25 birthday

Not sure about the premium decrease once you're 25 years of age. I'd contact your provider to confirm.

As for your ticket, the speed cannot be raised until the start of an actual trial. So you can safely request a meeting, trial, etc. and simply pay the fine prior to trial.
by Stanton
Fri Nov 28, 2014 5:07 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 155 in 100 (401 WB)
Replies: 4
Views: 5043

Re: Speeding 155 in 100 (401 WB)

The fine for 50 kilometres per hour or more over the speed limit is $9.75 for each kilometre per hour over the limit.
So 55 x $9.75 = $536.25, then you add the victim surcharge of $125.00 and $5 in Court costs. So the minimum total fine will be $666.25. The Court can also impose a 30 day licence suspension on your first conviction.

I can pretty ...
by Stanton
Fri Nov 28, 2014 4:58 pm
Forum: Failing to obey signs
Topic: Fatal error No signature....please help
Replies: 5
Views: 3067

Re: Fatal error No signature....please help

Also keep in mind you're issued a carbon copy, so the officer may have signed the original ticket that gets reviewed by the Justice of the Peace.
by Stanton
Sun Nov 23, 2014 10:03 pm
Forum: Red Light Camera Ticket
Topic: (Dashcam video) Ran red light or not?
Replies: 5
Views: 4320

Re: (Dashcam video) Ran red light or not?

Good point. The flash should always activate if you trip the camera. The flash is very noticeable at night.

Here's a good video of an apparently malfunctioning camera flashing like crazy in Toronto: http://youtu.be/jrdBttUf-38

Gives you an idea of how bright they are.
by Stanton
Sun Nov 23, 2014 12:39 pm
Forum: Careless Driving
Topic: Careless driving & total payable fine
Replies: 1
Views: 1981

Re: Careless driving & total payable fine

I havent really seen a definitive answer when the error only applies to the total payable and not the set fine. If I recall correctly, one poster reported trying to appeal such an error when his ticket went through but was unsuccessful. Not sure if thats actually based on case law or just back luck in Court.
by Stanton
Sun Nov 23, 2014 12:15 pm
Forum: Red Light Camera Ticket
Topic: (Dashcam video) Ran red light or not?
Replies: 5
Views: 4320

Re: (Dashcam video) Ran red light or not?

Hard to say from that point of view. It certainly appeared like you had more then enough time to safely stop regardless if the light was amber or red. Did you actually receive a ticket? It's pretty easy to tell looking at the photos on the ticket since it shows the position of your car at the time the light actually turned red.
by Stanton
Sat Nov 22, 2014 9:32 am
Forum: Failing to obey signs
Topic: Improper Stop
Replies: 1
Views: 8333

Re: Improper Stop


144.
Where to stop – intersection
(5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,
(a) at the sign or roadway marking indicating where the stop is to be made;
(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or
(c) if there is no sign ...
by Stanton
Thu Nov 20, 2014 5:20 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Was caught going 120 kph in a Posted 60. Help!
Replies: 7
Views: 6177

Re: Was caught going 120 kph in a Posted 60. Help!

the officer wouldn't know if you asked for an early resolution meeting
Thats not necessarily true. When you request an early resolution meeting the Crown sends a request to the charging officer for their notes and other relevant disclosure. They will request this information even if youve yet to ask for disclosure. The only time the officer might ...
by Stanton
Mon Nov 17, 2014 10:13 pm
Forum: Compulsory Automobile Insurance Act
Topic: Which driver's abstract does insurance companies check?
Replies: 2
Views: 5637

Re: Which driver's abstract does insurance companies check?

Driver's licence checks (#6) are simply verifications that show if a person is licenced or not.

I can't speak to which particular record insurance companies would request. Your rates are supposed to be partially based on convictions/suspensions over the past 3 years. However since even longer records are priced the same, there's no financial ...
by Stanton
Mon Nov 17, 2014 9:53 pm
Forum: Stunt Driving
Topic: Owner Notification in writing of Vehicle Impoundment Letter
Replies: 4
Views: 2851

Re: Owner Notification in writing of Vehicle Impoundment Let

If the officer incorrectly believed you were the registered owner, the fact that you were personally served might mean there won't be any notification by mail. I would think any notification by mail should be ASAP since the owner is on the hook for impound fees.
by Stanton
Sat Nov 15, 2014 2:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: INCORRECT SPELLING OF LAST NAME
Replies: 2
Views: 2151

Re: INCORRECT SPELLING OF LAST NAME

No, you can't get your ticket dismissed for that.
by Stanton
Sun Nov 09, 2014 2:16 pm
Forum: Driving While Suspended
Topic: Driving While Suspended
Replies: 9
Views: 4617

Re: Driving While Suspended

Was it actually a police officer that did the background check on your wife or a civilian employee? I personally find the scenario troubling. Assuming an officer ran a CPIC check on your wife, they should have seen an entry stating she was suspended. If so, they shouldnt have returned her licence. Licences of suspended drivers are supposed to be ...
by Stanton
Sun Nov 09, 2014 1:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 19 over but reduced to 10 in community safety zone...
Replies: 4
Views: 14581

Re: 19 over but reduced to 10 in community safety zone...

There needs to be actual signage on the street identifying it as a community safety zone. There should be one sign identifying where the community safety zone starts and another identifying where it ends. Don't just rely on the City's website, double check and make sure there's no signage on the actual street.

If it's NOT a community safety zone ...