Search found 2111 matches

by Stanton
Wed Mar 19, 2014 11:04 am
Forum: Prohibited turns
Topic: Haven't heard from Court
Replies: 5
Views: 3801

Re: Haven't heard from Court

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.
by Stanton
Wed Mar 19, 2014 10:59 am
Forum: General Talk
Topic: subpoenaed
Replies: 14
Views: 4589

Re: subpoenaed

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 ...
by Stanton
Sun Mar 16, 2014 8:55 pm
Forum: General Talk
Topic: Plea Bargain - Multiple HTA Tickets
Replies: 3
Views: 2190

Re: Plea Bargain - Multiple HTA Tickets

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 ...
by Stanton
Sat Mar 15, 2014 1:27 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 29755

Re: Speeding Ticket (possible fatal error)

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.
by Stanton
Sat Mar 15, 2014 9:24 am
Forum: Improper left turn
Topic: left turn
Replies: 1
Views: 2950

Re: left turn

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.
by Stanton
Tue Mar 11, 2014 1:14 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 29755

Re: Speeding Ticket (possible fatal error)

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.
by Stanton
Mon Mar 10, 2014 11:10 pm
Forum: Red Light Camera Ticket
Topic: First Ticket Ever...HELPPPP!!!
Replies: 12
Views: 5431

Re: First Ticket Ever...HELPPPP!!!

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 ...
by Stanton
Mon Mar 10, 2014 10:40 pm
Forum: Red Light Camera Ticket
Topic: First Ticket Ever...HELPPPP!!!
Replies: 12
Views: 5431

Re: First Ticket Ever...HELPPPP!!!

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 ...
by Stanton
Mon Mar 10, 2014 9:53 pm
Forum: General Talk
Topic: Emergency Vehicle and Intersection Rules??
Replies: 4
Views: 3485

Re: Emergency Vehicle and Intersection Rules??

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 ...
by Stanton
Mon Mar 10, 2014 9:27 pm
Forum: Following too closely
Topic: Following to Closely to a unmarked Cop Car
Replies: 6
Views: 4105

Re: Following to Closely to a unmarked Cop Car

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 ...
by Stanton
Mon Mar 10, 2014 9:22 pm
Forum: General Talk
Topic: Talking on Cellphone new fine
Replies: 7
Views: 3111

Re: Talking on Cellphone new fine

The fine will remain the same as shown on your ticket. The new fine will only apply to people charged on that date forward.
by Stanton
Mon Mar 10, 2014 9:20 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Filing for Disclosure: What to ask for?
Replies: 5
Views: 2582

Re: Filing for Disclosure: What to ask for?

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 ...
by Stanton
Mon Mar 10, 2014 11:35 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Filing for Disclosure: What to ask for?
Replies: 5
Views: 2582

Re: Filing for Disclosure: What to ask for?

- 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 ...
by Stanton
Wed Mar 05, 2014 10:28 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Deposit of snow on roadway - Section 181
Replies: 4
Views: 6834

Re: Deposit of snow on roadway - Section 181

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.
by Stanton
Mon Mar 03, 2014 10:06 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 7921

Re: G2 w/ BAC above 0...this is a nightmare

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.
by Stanton
Mon Mar 03, 2014 7:39 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 7921

Re: G2 w/ BAC above 0...this is a nightmare

It falls under section 48 of the HTA.

Screening device, instrument used for second analysis
(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (2) or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section ...
by Stanton
Mon Mar 03, 2014 7:34 pm
Forum: Driving While Suspended
Topic: Timeline for first summons? I have a paralegal hired.
Replies: 1
Views: 2702

Re: Timeline for first summons? I have a paralegal hired.

The process will typically take a few months, longer if you go to trial versus working out a plea deal. Your only hope of avoiding the suspension is to either be found not guilty or have your representative work out a deal to a lesser offence.
by Stanton
Mon Mar 03, 2014 7:33 pm
Forum: Following too closely
Topic: HTA Caution 158(1)
Replies: 1
Views: 4700

Re: HTA Caution 158(1)

Sounds like the officer just warned her that she could be charged with the offence. If she'd actually been charged, she would have been served with a ticket.
by Stanton
Mon Mar 03, 2014 7:29 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 7921

Re: G2 w/ BAC above 0...this is a nightmare

I was under the impression "that the roadside machine" only gave an indication of alcohol present I did not know that it could give
an exact #.

The screening device used by police is capable of displaying exact readings, but will display a letter code for people over the legal limit.
For a BAC between 0 and 0.049, it will display an exact ...
by Stanton
Sun Mar 02, 2014 10:23 pm
Forum: Compulsory Automobile Insurance Act
Topic: please reply , really worried :(
Replies: 5
Views: 3803

Re: please reply , really worried :(

Ontarios vehicle registration system is problematic in this regard. If a buyer fails to register a vehicle upon purchase, the seller can remain on the hook.

Did you advise the officer who charged you of the fact that you had sold the vehicle? Youre going to want to find some type of documentation (i.e. receipts, proof of payments) that supports ...
by Stanton
Sun Mar 02, 2014 10:06 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 7921

Re: G2 w/ BAC above 0...this is a nightmare

The Courts have no control over the suspension, it's automatically applied by the MTO if you're convicted. The only way you can avoid the suspension is to either be found not guilty or work out a plea deal with the Crown to a different offence.

I'd start by requesting an early resolution meeting with the Crown and seeing if they can offer you any ...
by Stanton
Sun Mar 02, 2014 11:57 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Trial Question
Replies: 3
Views: 2130

Re: Trial Question

The Provincial Offences Act does allow for pre-trial meetings and sentencing hearings to be conducted by telephone, but Im not sure if all Courts are doing so. Has the Crown specifically stated you need to attend in person? Or did you ask them about the possibility of a telephone conference call?

It falls under the Provincial Offence Act ...
by Stanton
Fri Feb 28, 2014 2:33 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to pull over
Replies: 22
Views: 13177

Re: Failure to pull over

What happened with your charge? Your last post was almost 3 years ago so I'm assuming it's been dealt with in Court.
by Stanton
Wed Feb 26, 2014 11:36 am
Forum: Parking Tickets
Topic: Parking on School Fire Route
Replies: 2
Views: 3536

Re: Parking on School Fire Route

Just to confirm, it was a no parking and not a no stopping zone? You're allowed to temporarily stop and drop off passengers in a no parking zone.

"park or parking" means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in the loading or unloading of merchandise or ...
by Stanton
Tue Feb 25, 2014 8:49 am
Forum: Compulsory Automobile Insurance Act
Topic: Compulsory Automobile Insurance Act 3 (1)
Replies: 9
Views: 9526

Re: Compulsory Automobile Insurance Act 3 (1)

arnoldstheman wrote:Therefore, if I was to provide a police officer with a valid insurance slip for a vehicle other than the one I was pulled over in, would this satisfy 3(1)(b)?
Does the policy have your name on it? Showing you're insured should be sufficient.
by Stanton
Tue Feb 25, 2014 8:45 am
Forum: General Talk
Topic: Getting a professional opinion
Replies: 10
Views: 3352

Re: Getting a professional opinion

I have to disagree with karra regarding the following too close being as bad as a careless. I'm with cooperators and they showed me the chart that lists major and minor tickets and any minor has the same impact on insurance as any other minor and the same for majors. Careless is a major, follow too close is a minor. While follow too close doesn't ...
by Stanton
Wed Feb 19, 2014 10:12 am
Forum: General Talk
Topic: No currently validated permit ticket (fleet vehicle)
Replies: 5
Views: 2843

Re: No currently validated permit ticket (fleet vehicle)

I would agree that its NOT a true copy. A true copy needs to be identical to the original, including the signature and validation stickers. The validation stickers need to go on the original document and then a new copy made each time its updated.

That being said, Id certainly try an early resolution meeting with the Crown. Bring a proper true ...
by Stanton
Tue Feb 18, 2014 5:14 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop - Notice of Trial
Replies: 4
Views: 2501

Re: Failure to Stop - Notice of Trial

At the start of your trial youll be asked how you want to plea. If you no longer want to have a trial, you can simply enter a plea of guilty. During sentencing, you can explain your financial situation and the Justice of the Peace may reduce your fine. They cannot however reduce the demerit points. Once youre convicted of an offence, theyre ...
by Stanton
Sun Feb 16, 2014 9:55 am
Forum: Courts and Procedure
Topic: police harrassment?
Replies: 3
Views: 2043

Re: police harrassment?

Police ARE allowed to conduct random traffic stops to ensure that a driver is licenced and that a vehicle is properly registered and insured. Police are NOT allowed to conduct random searches of the vehicle itself or its occupants, nor are passengers typically required to identify themselves. Its all very dependent on why you were stopped and what ...
by Stanton
Sun Feb 16, 2014 8:15 am
Forum: Red Light Camera Ticket
Topic: Question about how red light cameras work
Replies: 2
Views: 5547

Re: Question about how red light cameras work

You're correct. The cameras only photograph the back plate of vehicles when they pass.