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Expanding on what Highwaystar said, Section 44 of the Municipal Act states that roads must be kept to a set standard. You can file a claim after 10 days, but you need to show good reason for the delay. Link: http://www.canlii.org/en/on/laws/stat/so-2001-c-25/latest/so-2001-c-25.html

The required standards are set out under the Minimum Maintenance ...

Most likely just withdrawn completely.

You're only required to attend Court when the accused has requested a trial. Sometimes a plea deal will be reached before the trial or even on the day of, but until you hear otherwise be prepared to testify. If you wrote out any type of statement, it's a good idea to review it before the trial.

Based on your description of events, I'd agree that ...

You may want to consult with a legal representative for assistance if youre going that route. Depending on what you consider yourself to be an expert in, youll probably need to be qualified as such by the Courts. This will require you demonstrating how/why youre an expert in the matter (i.e. relevant training, experience) to the Courts satisfaction ...

I don't think you were charged under the correct section. In my mind what you did was lawful under section 141(2). The right hand turn lane branches off before you reached the traffic lights, so at the time you made your turn you were in the correct lane.

I think the proper charge would have been "fail to obey lane sign" under section 154(1)(c ...

Go by the charge on your ticket. Notices of trial are typically just automated printouts, they frequently have shortened or altered wordings on them.

I believe that unless a charge was laid, the insurance companies will always go by the fault determination rules. If the other driver had struck you from behind I think you might have a better argument, but with a sideswipe I think it will be more problematic. It especially sucks that your car was brand new.

All the insurance fault rules can be found here: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

Did the other driver strike the back of your vehicle or the side? As stupid as it sounds, I think you will be at least partially at fault.

All tickets affect your insurance rates regardless of demerit points. At the early resolution meeting youll have a chance to meet with the Crown prosecutor. They will most likely offer you a plea deal where they'll drop one ticket in exchange for you pleading guilty to the other. If your insurance provider overlooks your first conviction, that ...

But around a week ago I got a letter from MTO saying my license is suspended for a year starting early october, even though the judge had told me it would not be suspended.
A conviction for a criminal code driving offence gets you an automatic 1 year licence suspension in Ontario. The courts should know this, but sometimes they are not as up to ...

I also spoke to an RCMP who teaches police foundations at my wife's college, he said that they can not increase my charge, they can amend it to 139(1) which is the right charge, but they can not amend it to a more severe charge ie. part I to part III.

Thats somewhat correct. If they simply amend the certificate theyll still be limited to the ...

Brian513 wrote:I have not yet received a summons and it has been over 30 days. Does that mean that I won't be getting one? Don't they only have 30 days to serve me a summons?

The officer has 6 months from the date of the offence. If you haven't received it by now though I wouldn't worry.

The Law Society of Upper Canada By-Law #4 deals with representation in Court: http://www.lsuc.on.ca/WorkArea/DownloadAsset.aspx?id=2147485805

Read section 30, it deals with friends, family, etc. representing you in Court. I believe your father in law could have represented you, though it sounds like the Crown argued the charge was too serious for ...

Its a warrant that directs police to take you to jail. Youd remain in jail for whatever period of time the Courts imposed as your sentence.

Again, in your situation I have no reason to believe there would be such a warrant. I just dont want you to be under the misconception that the sentence would only be imposed if you decided to renew your ...

While jail time is technically possible, it's unheard of for a first time offence. Most likely you will simply have to pay off all outstanding fines and the $150 reinstatement fee. Since youve been unlicensed for so long, youll also have to start over as a G1 driver and complete the graduated licencing programme again. Insurance will also likely be ...

There are no additional fines, but you'll have to pay a $150 reinstatement fee to get your licence back after the suspension.

It's a reverse onus offence, meaning you must prove that you were insured. The Crown needs only show that you were the owner of the vehicle being operated.

metal9x wrote:I thought 16-29 over was minor and 30-49 was major? do insurance companies check the actual speed?

Yes. Most consider 50+ a major offence, but I've heard some start at 35+. Verify with your provider what the threshold is.

There is a 6.2 section identical to what you posted. I left it out since it isn't actually part of the testing process that the officer performs.

Don't get too hung up on different testing between the U.S. and Canada. Procedures that the manual describes are not simply to ensure proper operation of the equipment, but also to ensure the process ...

I don't have an electronic version to share.

Here's the testing section (hopefully verbatim barring any typos) from a 2010 manual:
6. Testing the Device

6.1 Operator Requested Self Test
Pressing the TEST button initiates a comprehensive system self test, which checks the numeric displays and runs a target speed simulation.

The self test ...

Just to confirm what I posted above is from the 2010 Canadian manual for the Genesis VP Directional. That is the entire testing procedure for the handheld unit. It must be performed once before use and once again at the end of the shift (or enforcement).

Tuning forks are NOT required to test the device in Ontario. The officer only needs to press a test button on the device, which runs a set of internal tests (display, circuitry and speed simulation) which the officer verifies.

Unfortunately neither of you two understand I was clearly targeted, someone complained, also there was only 3 total signs on the side of the dead end I was parked at, 0.50 or $24 it doesn't matter what amount I was ticketed, I didn't deserve that ticket, if I could prove that either the semi truck that was parked at the dead end (which is a ...

To the best of my knowledge all speed measuring devices have a possible variance of +/-2 km/hr. I dont believe the Court has ever considered this to be an issue, since its supposed to be supported by the officers visual observations. Id also argue a variance in the reading is quite different from an outright "false" reading, where the device is ...

I wouldnt worry about jail time. While its technically possible, Ive never seen the Crown request it until someone has multiple (3+) prior convictions for the offence. Id certainly start off by meeting with the Crown and seeing if theyre willing to offer you a plea deal to a lesser offence. Being found guilty of driving under suspension will result ...

The time on the ticket should be the time of the offence. If it falls outside the prohibited hours I'd say you have a very good defence against the charge. I'd also argue that if the prohibited turn occured at an intersection, it should fall under section 144(9) - Proceed Contrary to Sign at Intersection.

As for the second offence, you'll probably ...

If the Justice of the Peace notices the error the ticket should be quashed. Search the forum for the fatal errors, there's several threads that explain the process and what you need to do (or not do in your case).

Requesting an adjournment because the Crown failed to provide disclosure which you requested in a timely fashion does NOT count against you.

Check this link http://forums.redflagdeals.com/archive/index.php/t-996266.html

As stated in your link:

Anytime you ask for an adjournment for a reason that is NOT the fault of the Crown or the ...

1) The other driver or their insurance company could proceed with a civil action at any time. Under the insurance fault rules, youre 100% at fault.
2) The threshold for careless driving is typically pretty high. Losing control might not be sufficient for a conviction by itself, but its problematic you were exceeding the speed limit in bad weather ...

Trying to avoid a stalled car wouldnt be a valid defence for speeding. It doesnt mean you cant fight the ticket, but youd need to review disclosure and see if theres another possible defence.