Ontario Highway Traffic Act

ricknu wrote:I wonder if someone could explain this discrepancy..............................

Which discrepancy, the fee? You don't have to pay any fee unless you can't wait for the temporary licence to be mailed to you (probably about a 5 business day wait).

You're correct. The other driver is considered a witness and would be required at trial. The box on the ticket was probably left blank in error, though it's not the type of error that would nullify the ticket. The prosecutor will most likely review the officer's notes and accident report prior to trial and see that the other driver is required for ...

Keep in mind that the law requires even emergency vehicles to stop before going through on a red. Since the cameras are only designed to trip when you enter the intersection above a set speed (typically 25-30 km/hr) it shouldnt have gone off if you proceeded into the intersection from a stop. If you didnt even meet the requirement set out for ...

Electronic disclosure is probably going to become more and more common in all jurisdictions. The MTO has started a big push to make everything electronic. Starting next year, they will only accept electronic copies of accident reports. Im sure theyll start requesting more and more from police in an electronic format.

While paper tickets probably ...

Im also surprised you were charged in the incident. The HTA requires persons opening their vehicle doors to check and see if its safe to do so.

165. No person shall,
(a) open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other ...

Yes, people certainly can be (and have been) charged at collision reporting centres. As always, it's up to the judgement of the investigating officer to determine what charge, if any, is applicable. It's really no different then an accident that's investigated roadside by an officer.

No, only the name of the officer who issued you the ticket will appear on it. The other officer's information/notes would be included in disclosure if you request it.

I've spoken with a few prosecutors lately about the new pretrial resolution options on tickets. Many are saying the best deal they'll offer is on the day of the resolution meeting. They want to discourage people from taking up Court time and inconveniencing witnesses by scheduling unnecessary trials. Come trial they'll either offer a less generous ...

There's lots of case law surrounding your charge and momentary inattention does not necessarily constitute careless driving. I certainly wouldn't plead guilty to the charge as is.

Go by the charge wording on the ticket, not the notice of trial. Trial notice are automated forms that clerks print out. Errors on the trial notice aren't relevant in Court, only the actual ticket itself.

1) It's technically possible but I wouldn't consider it likely. Jail sentences are reserved for serious repeat offenders.
2) That's a decision you'll have to make. You can always consult with a paralegal and see if they have any suggestions. You can then see what the Crown's willing to offer if you simply plea guilty.
3) The Crown will see your ...

Case law has confirmed that section 199 (the requirement to report) applies everywhere, but I'd tend to agree that section 200 does not, since it states highway.

Section 201

201. Every person who, as a result of an accident or otherwise, operates or drives a vehicle or leads, rides or drives an animal upon a highway and thereby damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer.

Its hard to tell for certain from the picture, but it looks like the red car would have to yield. Once you've made your left turn, you'd already be on the highway/onramp. The red car appears to be merging onto the same road further down, and therefor would have to yield to traffic already on the highway.

I dont disagree whatsoever that signage should follow the OTM when possible. Not only does it help promote safety and consistency, but it also helps create a better sense of fairness in traffic enforcement. The only reason Im being picky in pointing out its relevancy in Court is clarity. I dont want someone preparing their defence under the ...