Search found 2111 matches

by Stanton
Tue Aug 06, 2013 4:37 pm
Forum: General Talk
Topic: Construction Zone - No Workers Present
Replies: 2
Views: 4363

Re: Construction Zone - No Workers Present

You must always abide by the posted speed limit, even when workers are not present. The presence of workers only impacts the set fine youd receive if caught speeding (it doubles), but the speed limit itself remains unchanged.

Note: This is assuming its a properly posted sign. Im of the belief that orange and black speed limit signs you sometimes ...
by Stanton
Mon Aug 05, 2013 6:02 pm
Forum: Prohibited turns
Topic: HTA 144(9) correct charge?
Replies: 1
Views: 3026

Re: HTA 144(9) correct charge?

How do I confirm if the sign is municipal or provincial? If it is municipal, shouldn't the officer only charge me under the municipal by-law and not the HTA?
There's no such distinction. Issuance of a bylaw ticket instead of HTA is simply a matter of discretion on the officer's part.

There were no signal traffic lights at that intersection. I ...
by Stanton
Mon Aug 05, 2013 5:52 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

You wont receive a criminal record for a Highway Traffic Act charge. While there is a criminal charge for failing to remain, youd have to be charged under the criminal code instead of the H.T.A. If all three of your charges are on Part III summons, then you werent charged criminally.

Jail time is a possibility for some of your charges, but on a ...
by Stanton
Sat Aug 03, 2013 10:58 pm
Forum: General Talk
Topic: Grass on a public roadway in the OHTA
Replies: 2
Views: 4408

Re: Grass on a public roadway in the OHTA

The Highway Traffic Act only deals with depositing snow/ice on the roadway. For grass clippings, leaves, etc., you'd have to check local bylaws to see if your municipality prohibits them being placed on the roadway (many do).
by Stanton
Thu Aug 01, 2013 12:15 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Reduce charges for a failure to stop at a stop sign
Replies: 2
Views: 9030

Re: Reduce charges for a failure to stop at a stop sign

Demerit points are irrelevant to insurance companies, they look at all convictions. Unless theres a similar bylaw offence in your region that the Crown will let you plead down to, best deal you'll probably get is a reduced fine.
by Stanton
Mon Jul 29, 2013 11:35 am
Forum: Improper left turn
Topic: Left turn
Replies: 1
Views: 3209

Re: Left turn

It would be section 142 of the HTA.

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, and if the operation of any other vehicle may be affected by the movement shall ...
by Stanton
Sun Jul 28, 2013 9:46 pm
Forum: General Talk
Topic: Fail to surrender permit for motor vehicle
Replies: 2
Views: 3546

Re: Fail to surrender permit for motor vehicle

Depends on the jurisdiction. Some busier ones will drop the charge outright if you can show you have valid paperwork. More likely you'll simply be offered a reduced fine if you plead guilty.
by Stanton
Sun Jul 21, 2013 3:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Got ticket for going 129 km/h in QEW, any chance?
Replies: 5
Views: 2846

Re: Got ticket for going 129 km/h in QEW, any chance?

Looks like:
Eastbound, third lane, dark – Im guessing he was parked on the shoulder, facing eastbound, right shoulder.
First lane, fast, alone car – Im guessing you were in the leftmost lane. He believes you were speeding and not amongst a group of vehicles.
131km/hr at 265 meters – This will be the speed/distance reading that he obtained with a ...
by Stanton
Wed Jul 17, 2013 10:25 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 2 questions based on disclosure info (Disobey stop sign)
Replies: 5
Views: 4082

Re: 2 questions based on disclosure info (Disobey stop sign)

1) Unobstructed view is not an HTA term.
2) If there is video evidence, it should be disclosed.
by Stanton
Mon Jul 15, 2013 8:29 am
Forum: General Talk
Topic: Two tickets in one day
Replies: 3
Views: 2205

Re: Two tickets in one day

As stated above, at the very least you'll probably be offered a deal to have one charge dropped in exchange for a guilty plea on the other one.

why didn't he just write on the ticket "driver failed to wear a seat belt" instead of "driver failed to properly wear seat belt"
Police are given standardized charge wordings for each offence. That's the ...
by Stanton
Mon Jul 15, 2013 8:17 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need advice - will my ticket get quashed?
Replies: 5
Views: 2829

Re: Need advice - will my ticket get quashed?

The correct set fine for 34 over would be $204 ($259 total payable), so he may have been looking at the wrong fine table. He wouldn't have had photo radar as that's no longer in use in Ontario.

You therefor might be able to get your ticket quashed due to the incorrect set fine.
by Stanton
Fri Jul 12, 2013 6:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light offence
Replies: 2
Views: 2500

Re: Red light offence

1) No signature should be a fatal error, assuming it's a hand written (not printed) ticket.
2) It's your responsibility to surrender the valid insurance slip, not the officers to find the correct one.
3) Photocopies are only acceptable if they're "true" copies. That means front AND back of the ownership along with the current validation sticker.
by Stanton
Fri Jul 12, 2013 6:06 pm
Forum: General Talk
Topic: Hand held device, ticket - Disclosure
Replies: 7
Views: 5182

Re: Hand held device, ticket - Disclosure

Most lasers could be used from within a vehicle if stationary.

And T-bone is a type of steak, not intersection. :)
by Stanton
Thu Jul 04, 2013 8:01 pm
Forum: Careless Driving
Topic: Never,never, NEVER plead guilty to Careless!!!!!!!
Replies: 4
Views: 4437

Re: Never,never, NEVER plead guilty to Careless!!!!!!!

When police lay a careless driving charge in rear end collisions, it's not to seek a higher fine nor is it due to police being unfamiliar with the law. If anything the opposite is true. To prove the offence of following too closely, the act of striking a car from behind is NOT sufficient evidence in itself. For a conviction at trial, there must be ...
by Stanton
Tue Jun 25, 2013 11:28 pm
Forum: General Talk
Topic: Will speeding fine be increased if taken to trial?
Replies: 1
Views: 1711

Re: Will speeding fine be increased if taken to trial?

Nothing wrong with requesting disclosure and seeing if theres anything you can fight the ticket on. If the evidence appears solid however I wouldnt go to trial unless you have a specific defence strategy. Its pretty much a guarantee that your ticket will be raised back up to the full amount at trial. 35 over is a $265 fine, and if its a community ...
by Stanton
Tue Jun 25, 2013 11:18 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain
Replies: 9
Views: 6178

Re: Failure to remain

Thanks we do have legal representation as well as people who specialize in the highway traffic act representing us now , thank you. And we have been advised that he should not have been charged with a failure to remain as there was no need for him to remain, as there was no one else involved, and no one was hurt, and there was no one's information ...
by Stanton
Tue Jun 25, 2013 10:55 pm
Forum: General Talk
Topic: Am I entitled to get paid to show as a witness?
Replies: 13
Views: 5210

Re: Am I entitled to get paid to show as a witness?

Not to hijack this thread, but I have a hypothetical question regarding witnesses.

A witness gives a statement at the scene of the incident, but the defendant doesn't agree with the "facts" detailed in the witness statement. At trial, if the witness does not show, can the prosecution simply rely on the statement given. Or, perhaps, is the trial ...
by Stanton
Mon Jun 17, 2013 2:02 pm
Forum: General Talk
Topic: Victims in speeding offenses ?
Replies: 4
Views: 1800

Re: Victims in speeding offenses ?

In what part of the disclosure are they refered to as the victim?

Having passengers in the vehicle should not increase the severity of the fine/punishment if it was a normal speeding offence (i.e. no accident/injuries).
by Stanton
Thu Jun 13, 2013 9:23 am
Forum: General Talk
Topic: Discussion - Front license plate
Replies: 8
Views: 9973

Re: Discussion - Front license plate

It's hard to say what the actually penalty is for having "NO front plate".. I cannot find anywhere in any statue or regulation where the fine or penalty is stated (i.e any points? does it show up on your abstract etc..)

Stanton - I checked your reference HTA 7(1)(b)(i) -got nothing - did you get it from regulation or from the act itself?

1 ...
by Stanton
Wed Jun 12, 2013 7:24 pm
Forum: General Talk
Topic: Do railway crossings have cameras like red light cameras?
Replies: 1
Views: 7399

Re: Do railway crossings have cameras like red light cameras

The railway may have video cameras that monitor the crossings for safety/maintenance, but they're not automated systems that photograph plates to issue tickets.
by Stanton
Wed Jun 12, 2013 3:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 90 km/h in 70 km/h zone (Reduced)
Replies: 13
Views: 4883

Re: Speeding 90 km/h in 70 km/h zone (Reduced)

Just drove through Guelph again today. I can confirm they've covered up the old "70 km/hr" speed limit signs with new "60 km/hr" ones, from at least College to Paisley along the Hanlon Parkway. The signs appear to be proper. They're regular white speed limit signs, not the temporary orange ones.
by Stanton
Wed Jun 12, 2013 1:01 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 90 km/h in 70 km/h zone (Reduced)
Replies: 13
Views: 4883

Re: Speeding 90 km/h in 70 km/h zone (Reduced)

I'm familiar with the area and can confirm it's normally a 70 zone. The only problem is there has been lots of construction in the area lately with some lane closures and the limit may have been temporarily lowered to 60. You should request disclosure and see if the officer's notes confirm this.
by Stanton
Sat Jun 01, 2013 10:37 pm
Forum: Compulsory Automobile Insurance Act
Topic: Car accident with no insurance
Replies: 7
Views: 5142

Re: Car accident with no insurance

You do still have some liability in this collision even being the middle car however, and the insurance companies may come looking to you to collect. The rear car is 100% at fault in this collision with the fault determination rules, and the front car is 0%, but all cars in between are each 50% at fault. The percentage is not meant to equal out to ...
by Stanton
Sat Jun 01, 2013 11:50 am
Forum: Compulsory Automobile Insurance Act
Topic: Car accident with no insurance
Replies: 7
Views: 5142

Re: Car accident with no insurance

If the police agree with your version of events, it's unlikely you'd be charged for the accident itself. The driver that struck you should be 100% at fault, both under the Highway Traffic Act and under insurance fault determination rules.

In terms of your lack of insurance, that could be more problematic. Do you know why your policy was cancelled ...
by Stanton
Wed May 29, 2013 7:15 pm
Forum: General Talk
Topic: 3 tickets today.
Replies: 1
Views: 1574

Re: 3 tickets today.

Im somewhat surprised the officer didnt use more discretion. Id certainly recommend requesting a first attendance meeting with the Crown and seeing if theyll withdraw the second and third charge in exchange for a guilty plea on the speeding. Just make sure you get the sticker on your plate and sign your ownership (not insurance).
by Stanton
Wed May 29, 2013 6:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Nova Scotian speeding ticket for 25 over on a highway
Replies: 1
Views: 3782

Re: Nova Scotian speeding ticket for 25 over on a highway

All Provinces have reciprocal agreements with one another. Points are applied based on what the offence would carry in your home Province, so in your case it would be 3 points. To the best of my knowledge the 7 day suspension does NOT get applied to out of Province licenses. I also think you're incorrect in stating it applies to all speeding ...
by Stanton
Tue May 28, 2013 9:27 pm
Forum: General Talk
Topic: Latest case on 78.1(1) - driving with hand held device
Replies: 5
Views: 6562

Re: Latest case on 78.1(1) - driving with hand held device

I think cell phone seizures would be problematic on many levels. I know the idea was proposed by the Police Chiefs Association in British Columbia but rejected by their Attorney General. First, there would be the whole privacy issue. The Courts (especially in Ontario) have been strongly favouring police requiring a warrant to perform anything more ...
by Stanton
Tue May 28, 2013 12:04 pm
Forum: Stunt Driving
Topic: Brief questions about next steps for stunt-driving summons
Replies: 6
Views: 4778

Re: Brief questions about next steps for stunt-driving summo

1) You can enter a plea of not guilty to start. This does not commit you to trial, as you can later change your plea to guilty if you reach a plea deal with the Crown.

2) It varies from one jurisdiction to the next. Best way to be sure would be to call the Court or Crowns office.
by Stanton
Tue May 28, 2013 9:56 am
Forum: Stunt Driving
Topic: Brief questions about next steps for stunt-driving summons
Replies: 6
Views: 4778

Re: Brief questions about next steps for stunt-driving summo

1) Correct. You can enter a plea of not guilty at your first appearance and a trial date will be set for a few months down the road.

2) Youll probably be fine on your own, but its a bit of a hard question to answer. Would a professional get offered a better deal? Not necessarily, but theyll be more experienced negotiating with the Crown. The other ...
by Stanton
Tue May 28, 2013 9:26 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Questions about a Littering Ticket
Replies: 8
Views: 8365

Re: Questions about a Littering Ticket

If Option 2 says "Early Resolution Meet with Prosecutor", you can select that one. If not, select Option 3 for trial.

If you meet with the Crown for an early resolution meeting, the officer will not be present.