Ontario Highway Traffic Act

I would suggest contacting them. The concern is that if the letter was sent to the wrong address or lost in the mail, you could simply be convicted in absentia when you fail to attend. You would then need to attend Court and request the matter be reopened. I dont think theres any benefit in terms of delay, etc. to simply wait.

Just because you witnessed an accident doesnt mean youll be required to attend Court. Many matters never proceed to trial, either because the accused simply pleads guilty or the matter is resolved with a plea deal. Even if the accused initially requests a trial, sometimes a plea deal will be reached on the day of the trial negating any need for you ...

As if often stated on these boards, demerit points mean very little unless you're about to lose your licence. Insurance providers look at all convictions, not just those with demerit points. You are correct though that section 141(2) is the only one of your charges with demerit points (it carries 2). They'd probably be willing to drop it in ...

I'm going to hazard a guess that Catherine is just trying to drum up business and didn't read your post fully. Your ticket would only be amended at trial.

It will be very dependent on what the accident report says. The police may have a hard time proving the other driver went through on a red light unless he admits to it. If he does admit to going through on a red light, hell be 100% at fault. If not and fault remains undetermined, youll both be 50% at fault.

Search the forum for threads dealing with forcing a fatal error. You don't want to go to trial since the error can simply be amended.

If you do go to trial arguing you needed to use a washroom will not meet the criteria of duress to justify speeding.

The ticket wont affect your mothers licence/insurance since shes being charged as the owner and not the driver. The only consequence would be if the ticket isnt paid, shell be unable to renew her licence and the fine could be sent to a collection agency.

Most likely you will require some type of authorization to represent her, since youre not the ...

You might not like it, but youre going to have to tell your Mom. Even though youre at fault for the ticket, your Mom (the registered owner) is the one whos been charged. Even if you want to fight the ticket in Court, she needs to give you permission to do so.

Your best bet is to request an early resolution meeting with the Crown. Your mom will ...

Were you assigned full or part fault for the accident? Insurance companies in Ontario use the following fault determination rules to reach their decisions: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf. They basically have to assign fault as per what the regulation states. Has your insurance company ...

Youll need to request disclosure and see what the officers actual evidence is. Hell need to explain why he felt the distance you were following at was unsafe. If you choose to testify at trial youll need to explain why it was safe. The lack of collision isnt sufficient evidence in itself to say your actions were safe. Youll probably want to take ...

The fine will remain the same as shown on your ticket. The new fine will only apply to people charged on that date forward.

The next step is to get a freedom of information request, right? I'm a little unsure of how to file a freedom of information request with the cops.

For what? I can't think of anything you'd require for trial that wouldn't be provided as disclosure.

If you did want to make a FOI request, you'd have to go through the police agency's FOI office ...

- A full copy of the police officers notes;
- A copy of both sides of the officers copy of the ticket (Notice of Offence);
- A typed version of any hand written notes;
Definitely the full notes should be provided. Back of the ticket probably won't be provided unless that's where the officer recorded his notes. You're unlikely to receive a typed ...

No, the definition of roadway under the HTA is the commonly travelled portion of the road. It doesnt even include the shoulders, so it certainly wouldnt include the ditches. They would fall under the definition of highway, but not roadway.

viper1 wrote:Is a BAC over .00 a criminal charge?

I don't think that a second "roadside screening device" would hold up in a criminal court.

It is a provincial offense maybe?

Provincial offence for young/novice drivers.