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Yup both Montreal and Vancouver have by-laws against leaving your car door unlocked while parked on public streets.

It's actually an offence anywhere in Quebec, it falls under their version of the Highway Traffic Act.

381. No person may leave unattended a road vehicle that is in his custody without previously removing the ignition key and ...

Based on your description of events I think it would be very difficult to prove the charge in Court. Did the cups have alcohol in them prior to you being stopped? Would the officer be able to testify there was a residue or odour of alcohol coming from the cups? I'd follow the usual steps on this site and request disclosure and see what the evidence ...

am4u2ster wrote:on his ticket he mentioned my car number plate does it affect my driving history or insurance.

No

When there's no marked lines it would simply be the centre of the roadway.

Police typically have up to 6 months to lay a charge under the Highway Traffic Act. Nobody can say for certain if youll actually be charged but Id say its most likely based on what happened. You could be looking at a ticket for unsafe passing or even careless driving. Its ultimately up to the investigating officer. Regardless of any charge, you are ...

argyll wrote:I thought any fail to report/remain was reportable regardless of damage.

As per the MTO collision manual, even hit and runs don't need to be reported if they don't meet the injury/damage threshold. That doesn't prevent police from taking a report and investigating the matter however, just that the MTO doesn't need a report.

Check the MTO website for the appeals process. A quick guide to what you need to do can be found here: http://www.mto.gov.on.ca/english/dandv/driver/medical-review/medical-review-brochure.pdf

Basically youll need to provide supporting medical documentation that its safe for you to drive again. Its not a quick process, taking approximately 1 to 2 ...

The accompanying driver can be charged if they refuse to surrender their licence upon the demand of a police officer or if they refuse to provide a breath sample when the demand is made. If they're BAC is above .05 however the charge goes to the actual driver. It fall under section 5(1)(2) of Regulation 340/94 of the HTA. I don't know how common ...

While police may sometimes hesitate to use the Criminal Code for minor matters, it actually has a lower threshold then the HTA.

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case ...

You unfortunately are not required to report or stay at the scene of an accident if it's under $1000 damage on private property. This happened to my friends car and even though we got the license plate, the cop couldn't charge the driver with fail to remain.

While you can't be charged under the Highway Traffic Act, you could still be charged ...

If you regularly commute to Ontario youll certainly want to fight the ticket because a conviction will result in an additional 6 month suspension. The lack of notice about your suspension isnt necessarily a defence if you were aware of the unpaid fine(s). Youd have to show some level of due diligence that you believed the fines were paid, etc ...

The original ticket would include photographs, the notice of conviction would not. You'll probably have to request another copy of the ticket if you want to review it. The camera would only have activated if you crossed the stop line on a red light. Assuming there are no errors on the ticket, there's not much you can fight the charge on. You might ...

When you get multiple tickets from the same incident, the demerit points are only applied for the conviction with the greatest number of demerit points. So if you were convicted as is, youd get 6 points for the careless charge and none from the speeding.

Regardless, careless is one charge you dont want to be convicted of. It will have significant ...

No, unless it was added in error (i.e. administrative mistake where it was added to the wrong person's abstract) it cannot be removed.

The only opportunity for an "appeal" occurs at the roadside. You can ask for a second test with a different device if you believe there's an error.

Opportunity for second analysis
(6) Where an analysis of the ...

Your post is identical to the OP's in this thread: http://www.ontariohighwaytrafficact.com/topic6595.html

Apparently a few people have been getting conviction notices without ever having received the actual ticket.

Red light camera tickets get sent to the registered owner of the vehicle so I'm confused as to how you would have been charged. Are you sure it's for a red light camera versus a regular red light ticket?

The notes could be sufficient to prove guilt for the alleged offence. The fact that you and the officer have a differing recollection of what transpired doesn't make the officer's note's inaccurate, it's simply his version/recollection of what transpired. You'll need to think of some specific, relevant points to question the officer on. You can ...

1) No, not if it was properly signed (i.e speed limit signs stating 50 km/hr).
2) No.

They can't proceed without the officer. The adjournment may be granted since the circumstances causing the delay were unforeseen, but obviously argue against it. In my experience adjournments are rarely granted if the officer is away on course/vacation, but since this is something beyond the Crown/officer's control, they may.

I don't think that's an address, just the police cruiser or police unit number. He simply says he was parked on Hawthorne east of Lauzon. Regardless an incorrect address probably wouldn't make much of a difference if he correctly identified the intersection where he was parked.

You could still be convicted even though you weren't served notice. The Crown will argue you ought to have reasonably been aware of it since you failed to pay your fine. If the Crown isn't willing to cut you a deal, legal representation might not be a bad idea. I'd suggest paying off your outstanding fine and getting your licence reinstated ASAP to ...

Definitely count on the officer attending Court regardless of what he said at the side of the road. Police are required to attend Court and failing to do so without reason can result in them being charged under the Police Services Act.

Also dont bank on the strategy of arguing you were passing the other vehicle to increase safety. Courts consider ...

The OPP officer said he clocked me at 138 km (58 over) and the black Jeep at 97km (but he did not pull him over, can I use this as defence as well)
No, the fact that you were passing another vehicle and/or it wasn't stopped isn't relevant to your defence.


I've already created my disclosure request which asks for the following:
1. A full copy ...

Signs are covered by regulation 615 of the HTA. http://www.canlii.org/en/on/laws/regu/r ... g-615.html

Agreed, you can't cherry pick sections of the HTA. And as for the argument it's on private property, you still have a sign across the street that clearly isn't. So even if you could legally ignore the sign in the parking lot, the other sign still compels you not to turn left.

What section were you actually charged under? I'm guessing section 182. Section 139 applies when leaving a private driveway (which you were) but you're still required to obey any posted signs as per section 182. Section 144 would not apply since there wasn't any traffic control.

I'd say the one shown in your photo is on private property, but the one across the road on the utility pole is lawful and enforceable.

Typically bylaw offences aren't a problem because they don't appear on your record. However certain bylaw offences where you're charged as the driver such as speeding, making prohibited turns and disobeying stop signs or traffic lights will result in a conviction on your record and demerit points. This means the offence will appear on your abstract ...

What sign did you disobey? If it was for a prohibited turn, pleading to the bylaw offence will be of little benefit. Even bylaw convictions for prohibited turns appear on your driving abstract and result in 2 demerit points.

I understand how you feel, but just be careful with your demeanour in Court. As petty as it may seem to you, the prosecutors and J.P.'s take this all very seriously. If they feel you're downplaying the offence, they probably won't cut you any slack. I'd liken it to when you have an argument with your significant other; even when you're right its ...