Search found 2111 matches

by Stanton
Fri Feb 14, 2014 12:34 pm
Forum: Improper passing
Topic: Collision due to obstructed lane
Replies: 6
Views: 3741

Re: Collision due to obstructed lane

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 ...
by Stanton
Thu Feb 13, 2014 9:55 pm
Forum: Following too closely
Topic: Why Following too close and not Careless?
Replies: 5
Views: 4212

Re: Why Following too close and not Careless?

Most likely just withdrawn completely.
by Stanton
Thu Feb 13, 2014 9:18 pm
Forum: Following too closely
Topic: Why Following too close and not Careless?
Replies: 5
Views: 4212

Re: Why Following too close and not Careless?

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 ...
by Stanton
Thu Feb 13, 2014 7:05 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Charged; am an expert in the field I was charged with
Replies: 2
Views: 2580

Re: Charged; am an expert in the field I was charged with

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 ...
by Stanton
Thu Feb 13, 2014 6:38 pm
Forum: Improper right turn
Topic: Improver Right Turn on Eglington from 403
Replies: 3
Views: 2782

Re: Improver Right Turn on Eglington from 403

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 ...
by Stanton
Thu Feb 13, 2014 6:23 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: notice of trial - insufficient charge?
Replies: 2
Views: 1807

Re: notice of trial - insufficient charge?

Go by the charge on your ticket. Notices of trial are typically just automated printouts, they frequently have shortened or altered wordings on them.
by Stanton
Thu Feb 13, 2014 2:00 pm
Forum: Improper passing
Topic: Collision due to obstructed lane
Replies: 6
Views: 3741

Re: Collision due to obstructed lane

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.
by Stanton
Wed Feb 12, 2014 2:55 pm
Forum: Improper passing
Topic: Collision due to obstructed lane
Replies: 6
Views: 3741

Re: Collision due to obstructed lane

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.
by Stanton
Tue Feb 11, 2014 8:43 pm
Forum: Failing to obey signs
Topic: Failure to obey sign + insurance slip
Replies: 2
Views: 3051

Re: Failure to obey sign + insurance slip

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 ...
by Stanton
Mon Feb 10, 2014 10:42 am
Forum: General Talk
Topic: 1 Year Suspension on a G2 License. Questions
Replies: 7
Views: 4218

Re: 1 Year Suspension on a G2 License. Questions

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 ...
by Stanton
Sat Feb 08, 2014 3:35 pm
Forum: Improper left turn
Topic: Made a left, got rear ended ...
Replies: 21
Views: 9449

Re: Made a left, got rear ended ...


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 ...
by Stanton
Thu Feb 06, 2014 4:59 pm
Forum: Failing to yield the right-of-way
Topic: Failing to move to the right for emergency vehicle
Replies: 10
Views: 6134

Re: Failing to move to the right for emergency vehicle

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.
by Stanton
Tue Jan 28, 2014 12:10 pm
Forum: General Talk
Topic: I feel like I am getting screwed here.. advice appreciated
Replies: 11
Views: 2814

Re: I feel like I am getting screwed here.. advice appreciat

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 ...
by Stanton
Sat Jan 25, 2014 10:33 pm
Forum: Driving While Suspended
Topic: Suspend Licence
Replies: 3
Views: 3001

Re: Suspend Licence

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 ...
by Stanton
Fri Jan 24, 2014 8:44 pm
Forum: Driving While Suspended
Topic: Suspend Licence
Replies: 3
Views: 3001

Re: Suspend Licence

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 ...