Search found 2111 matches

by Stanton
Mon Sep 23, 2013 8:54 pm
Forum: General Talk
Topic: Left turn at a red light
Replies: 1
Views: 2193

Re: Left turn at a red light

Whenever there is signage and/or dedicated turn lane traffic lights, you're required to wait for a green signal to make your turn. In short, you did the right thing by waiting.
by Stanton
Wed Sep 18, 2013 2:26 pm
Forum: General Talk
Topic: licence plate location
Replies: 1
Views: 4072

Re: licence plate location

1) Red light cameras take photographs of the rear plate only. I believe the 407 toll cameras operate similarly.
2) Placement of the plates is covered by regulation 628 of the HTA, which states the following: 9(3) - The number plates for a motor vehicle, other than a motorcycle or a motor assisted bicycle, shall be attached to and exposed in a ...
by Stanton
Wed Sep 11, 2013 9:51 pm
Forum: Driver failing to wear a seat belt
Topic: no seatbelt and driving while under suspension.
Replies: 4
Views: 3335

Re: no seatbelt and driving while under suspension.

Talk with the prosecutor on your first attendance date. If your record is relatively clean and they find you credible, they might allow you to plead to a less serious offence. I've seen some people plead to drive no licence, which is a reduced fine and additional suspension.
by Stanton
Mon Sep 09, 2013 7:21 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to obey stop sign (Fought, Adjourned, HELP!)
Replies: 1
Views: 2487

Re: Fail to obey stop sign (Fought, Adjourned, HELP!)

If the trial has reached the point where its your opportunity to take the stand, you wont have any further opportunity to question the officer. Id also hesitate a guess that if the JP is surprised youre not taking the stand, youve yet to raise a reasonable doubt against the Crowns evidence. Thats not to say you should take the stand, but it might ...
by Stanton
Mon Sep 09, 2013 7:15 pm
Forum: Failing to remain at the scene of a collision
Topic: Summon to court with 3 tickets
Replies: 8
Views: 5894

Re: Summon to court with 3 tickets

It is section 142(1).
The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety
by Stanton
Fri Sep 06, 2013 12:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Already got a roadside break... should I request trial?
Replies: 5
Views: 2387

Re: Already got a roadside break... should I request trial?

In my experience, no, you wouldn't get any further reduction.
by Stanton
Fri Sep 06, 2013 10:01 am
Forum: Failing to stop for a school bus
Topic: FAIL STOP FOR SCHOOL BUS-OWNER
Replies: 7
Views: 7057

Re: FAIL STOP FOR SCHOOL BUS-OWNER

Im a little confused by what the prosecutor told you as well. The paralegal is correct in that the section your wife was charged under carries no demerit points (subsections 19 & 20). Demerit points only apply when youre charged as the driver (subsections 11 & 12).
by Stanton
Fri Sep 06, 2013 9:45 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 50 over + DUI
Replies: 8
Views: 5210

Re: Speeding 50 over + DUI

No, the Crown cannot introduce new charges at the time of your trial, they can only amend the speeding ticket back up to its full amount. If they did want to lay additional charges, they would have to serve you prior to your trial date and within 6 months of the offence. Since you blew in the warn range, there is no applicable charge for that ...
by Stanton
Thu Sep 05, 2013 11:21 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 50 over + DUI
Replies: 8
Views: 5210

Re: Speeding 50 over + DUI

Most likely the Crown would bring forward that you blew in the warn range and your licence was therefore suspended.
by Stanton
Thu Sep 05, 2013 11:17 am
Forum: General Talk
Topic: Driving without front license plate
Replies: 4
Views: 14588

Re: Driving without front license plate

I think it would be very difficult to argue it was an arbitrary detention. Typically for police to detain someone, they need a reasonable suspicion of an offence. Courts have defined reasonable suspicion as the possibility of an offence being committed, even if there are other possible conclusions based on the available facts. In my mind, that ...
by Stanton
Thu Sep 05, 2013 10:20 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 50 over + DUI
Replies: 8
Views: 5210

Re: Speeding 50 over + DUI

Theres still nothing wrong with requesting disclosure and reviewing the evidence against you. Its always possible the officer made a mistake that would prevent the Crown from proving their case.

That being said I certainly wouldn't proceed to trial unless I had a viable strategy to defend against the charge.
by Stanton
Wed Aug 28, 2013 10:04 pm
Forum: General Talk
Topic: Speeding - Motor Vehicle Involved (N) Checked
Replies: 3
Views: 2841

Re: Speeding - Motor Vehicle Involved (N) Checked

No, that would not be a fatal error.
by Stanton
Tue Aug 27, 2013 6:02 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: puzzle disclosure, Can someone decipher it?
Replies: 2
Views: 2150

Re: puzzle disclosure, Can someone decipher it?

I'm guessing you were charged with a speeding offence. Can you advise for what speed and where? Disclosure can be easier to decipher when we have more info about the actual offence.

My best guess:
L2 - Lane 2
212m - Distance at which the reading was obtained
Lead veh - Lead vehicle (As in you were at the front of a pack)
36 - Your speed?
22612 ...
by Stanton
Mon Aug 26, 2013 6:15 pm
Forum: Compulsory Automobile Insurance Act
Topic: 4 driving without insurance tickets at 17 years old
Replies: 2
Views: 3596

Re: 4 driving without insurance tickets at 17 years old

I don't think our advice will be any different than last time you posted. The fact that you've continued driving without insurance has done nothing to help your situation. The Courts and Crown are very unlikely to have any sympathy since you continue to break the law on a regular basis.

You need to stop driving and get legal representation.
by Stanton
Mon Aug 26, 2013 6:00 pm
Forum: Careless Driving
Topic: Summons to appear in court for Careless Driving
Replies: 6
Views: 6332

Re: Summons to appear in court for Careless Driving

1) No, the officer won't attend on your first appearance date, only on the trial date (if there is a trial).
2) The Crown can withdraw the plea deal at anytime, but it's very unlikely they will. Typically offers stay open right up until the day of your trial.
by Stanton
Fri Aug 23, 2013 10:48 am
Forum: General Talk
Topic: Stunt driving excessive speed,novice driver b.a.c above zero
Replies: 9
Views: 2994

Re: Stunt driving excessive speed,novice driver b.a.c above

You will be in Court before a Justice of the Peace on your first attendance date, but it wont be for an actual trial. Youll enter your initial plea and the matter will be adjourned to a later date for trial or resolution. The Crown should be able to provide you with disclosure on your first attendance date (if not request it). Make sure you arrive ...
by Stanton
Thu Aug 22, 2013 4:58 pm
Forum: Compulsory Automobile Insurance Act
Topic: When can I drive again?
Replies: 1
Views: 2634

Re: When can I drive again?

Unfortunately fines never expire.

Your best option would be to attend your local Provincial Offences Court and explain your situation. Theres a form you can fill out that a Justice of the Peace will review to setup a payment plan. Typically as long as youre able to pay some of your fine now and continue making regular payments, you can get your ...
by Stanton
Wed Aug 21, 2013 6:43 pm
Forum: General Talk
Topic: Stunt driving excessive speed,novice driver b.a.c above zero
Replies: 9
Views: 2994

Re: Stunt driving excessive speed,novice driver b.a.c above

At your first attendance meeting you'll want to request disclosure. The officers notes or reports should answer many of your questions. For an officer to request you provide a breath sample, they only need a reasonable suspicion that you've consumed alcohol. The quantity of alcohol or level of impairment (if any) is irrelevant. It`s a pretty low ...
by Stanton
Wed Aug 21, 2013 2:14 pm
Forum: General Talk
Topic: Stunt driving excessive speed,novice driver b.a.c above zero
Replies: 9
Views: 2994

Re: Stunt driving excessive speed,novice driver b.a.c above

Stunt driving is a bit of misnomer. To be charged with the offence, you dont need an actual stunt per se. Simply exceeding the speed limit by 50+ km/hr qualifies as stunt driving, regardless of traffic, road conditions, etc. While the Crown will probably be willing to offer you some type of plea deal, youll likely still be facing an additional ...
by Stanton
Wed Aug 21, 2013 2:05 pm
Forum: Red Light Camera Ticket
Topic: They gave me two days to make a decision
Replies: 6
Views: 2717

Re: They gave me two days to make a decision

Arguing you went through the red light because of car trouble will not go over well in Court. Red light offences are what are known as absolute liability offences, which basically means there is no excuse, short of your life being in imminent danger (i.e. mad gunman chasing you). Weather and/or car trouble will not be accepted as valid reasons to ...
by Stanton
Tue Aug 20, 2013 8:31 pm
Forum: General Talk
Topic: Question regarding red light camera
Replies: 2
Views: 1911

Re: Question regarding red light camera

Just to clarify, as long as you entered the intersection legally (i.e. on a green or amber) you still wouldn't be charged if the light turned red while you're waiting to make your turn. You're allowed to wait until its safe to proceed to make your turn. Theres no requirement to complete your turn before the light turns red. You should always make ...
by Stanton
Tue Aug 20, 2013 8:23 pm
Forum: General Talk
Topic: No Confirmation Of Speeding Ticket
Replies: 3
Views: 1713

Re: No Confirmation Of Speeding Ticket

Speeding is what's known as an absolute liability offence. In essence, the Court isn't interested in why you were speeding, just if you were speeding. Thats why a broken speedometer isn't a valid defence.
by Stanton
Mon Aug 19, 2013 2:27 pm
Forum: Courts and Procedure
Topic: Convicted 2X for IMPROPER LEFT w/o NOTICE OF TRIAL
Replies: 9
Views: 4298

Re: Convicted 2X for IMPROPER LEFT w/o NOTICE OF TRIAL

I've seen lots of signs prohibiting turns during certain hours, though typically during rush hours. What intersection is it at? If we knew we might be able to give you an idea of why.
by Stanton
Mon Aug 12, 2013 1:32 am
Forum: Improper left turn
Topic: Early Resolution Advice? (Also being sued by other driver)
Replies: 2
Views: 3930

Re: Early Resolution Advice? (Also being sued by other drive

I think you were charged under the wrong section. 141(5) deals with turning left across the path of oncoming vehicles. Im guessing the officer meant to charge you under section 148(5) "Fail to turn out to left to avoid collision". Im actually surprised he didnt charge you with careless driving, which seems to be the go to charge in any rear end ...
by Stanton
Fri Aug 09, 2013 7:01 pm
Forum: Failing to obey signs
Topic: Failure to Disobey Stop Sign [No Right Turn]
Replies: 2
Views: 2096

Re: Failure to Disobey Stop Sign [No Right Turn]

Your title has me confused. What were you actually charged with? Disobey stop sign isn't the the proper charge for making a prohibited turn.
by Stanton
Fri Aug 09, 2013 6:56 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Nabbed on the 400
Replies: 23
Views: 8548

Re: Nabbed on the 400

salem2210 wrote:HMy question is: where on the ticket said LIDAR? My ticket doesn't say what he used. I know he was pointing at me cause I saw him aiming (he was stationed in a ditch). I was hoping to know once I asked for disclosure.
How the officer determined your speed isn't listed on the ticket. You need to request disclosure to find out.
by Stanton
Thu Aug 08, 2013 8:55 pm
Forum: Compulsory Automobile Insurance Act
Topic: Failure to Provide Insurance Card
Replies: 3
Views: 3846

Re: Failure to Provide Insurance Card

The act requires you surrender an insurance card , which is defined as one of the following:

1) a Motor Vehicle Liability Insurance Card in the form approved by the Superintendent of Financial Services
2) a policy of automobile insurance or a certificate of a policy in the form approved by the Superintendent of Financial Services
3) a document in ...
by Stanton
Wed Aug 07, 2013 6:55 pm
Forum: Failing to stop for a school bus
Topic: Fail to stop ticket in mail - incident never happened.
Replies: 1
Views: 3265

Re: Fail to stop ticket in mail - incident never happened.

Dont be too upset over the Crowns position at the pre-trial meeting. Withdrawing charges based solely on the defendents claim of innocence isnt practical (imagine if everyone said "I didnt do it" and the charge got withdrawn). Withdrawls are typically reserved for when there is no reasonable prospect of conviction, such as a lack of evidence to ...
by Stanton
Wed Aug 07, 2013 6:37 pm
Forum: Improper passing
Topic: Passing an emergency vehicle
Replies: 1
Views: 3437

Re: Passing an emergency vehicle

Passing a police vehicle in itself isn't illegal, it's simply the fact that you were speeding while doing so. Police will frequently exercise discretion and ignore minor speeding offences, but passing one while exceeding the limit probably isn't the best idea.
by Stanton
Wed Aug 07, 2013 9:39 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 65km/ in 50 zone
Replies: 1
Views: 3207

Re: 65km/ in 50 zone

You will have to contact your insurance provider to determine if the ticket will impact your insurance or not. Some will overlook your first offence.

If you decide to fight the ticket in Court, the Crown will most likely amend it back up to the full amount. Determining if the ticket is worth fighting depends on how much time you want to invest in ...