Ontario Highway Traffic Act

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 ...

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 ...

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).

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 ...

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.

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.

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.

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 ...

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 ...

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).

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 ...

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 ...

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.

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 ...

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.