There's no specific "how to", it would be the same as any other charge. You'd have to present your evidence and the driver would present theirs.Kaylan_e wrote:Thanks for the response - how do you raise reasonable doubt that the bus was still moving if its the motorist's word versus that of the school bus driver?
Search found 2111 matches
- Thu Feb 14, 2013 5:59 pm
- Forum: Failing to stop for a school bus
- Topic: School bus moving with flashing red lights - but not stopped
- Replies: 7
- Views: 12745
Re: School bus moving with flashing red lights - but not sto
- Thu Feb 14, 2013 4:06 pm
- Forum: Compulsory Automobile Insurance Act
- Topic: Spelling error on proof of insurance - Ticketed
- Replies: 4
- Views: 2222
Re: Spelling error on proof of insurance - Ticketed
I'd suggest seeking a pre-trial resolution meeting with the Crown. Hopefully it would be a relatively quick process and they would just withdraw the charge.
- Thu Feb 14, 2013 4:00 pm
- Forum: Failing to stop for a school bus
- Topic: School bus moving with flashing red lights - but not stopped
- Replies: 7
- Views: 12745
Re: School bus moving with flashing red lights - but not sto
You're correct, the bus must be stopped. If you can show (or raise reasonable doubt) that the bus was still moving, you would not be convicted.
- Thu Feb 14, 2013 3:57 pm
- Forum: General Talk
- Topic: Are HTA offences considered civil or criminal?
- Replies: 4
- Views: 2194
Re: Are HTA offences considered civil or criminal?
No. At best the HTA could be considered quasi-criminal. It bears some similarities to Criminal law, but as said above it's Provincial law.
- Mon Feb 11, 2013 11:24 pm
- Forum: Compulsory Automobile Insurance Act
- Topic: I have 3 driving without insurance tickets
- Replies: 3
- Views: 3102
Re: I have 3 driving without insurance tickets
It may be worth hiring (or at least consulting) with a paralegal to review your case. Perhaps theres something they can fight the charges on in Court. Id also suggest speaking with the Crown prior to trial and seeing if theyre willing to offer you a plea deal. If all three charges are being dealt with together, perhaps theyd be willing to drop one ...
- Mon Feb 11, 2013 11:13 pm
- Forum: General Talk
- Topic: Rear-end collision, after car A swerves to avoid accident
- Replies: 3
- Views: 2772
Re: Rear-end collision, after car A swerves to avoid acciden
Insurance companies determine fault based on the fault determination rules here: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
Even if the other driver had been charged with an offence under the HTA, under fault determination rules when you strike someone from behind you're 100% at fault.
Even if the other driver had been charged with an offence under the HTA, under fault determination rules when you strike someone from behind you're 100% at fault.
- Fri Feb 08, 2013 9:50 am
- Forum: Improper right turn
- Topic: Turning right into left lane knowing that the lanes merge
- Replies: 1
- Views: 2903
Re: Turning right into left lane knowing that the lanes merg
The law requires you turn into the closest lane even if you must merge further up the road. You also must obviously stop at red lights even when road conditions are poor. Youre simply expected to adjust your driving accordingly. The Crown must prove their case if you go to trial, but it doesn't sound like you have a very strong defence based on ...
- Fri Feb 08, 2013 9:43 am
- Forum: General Talk
- Topic: Drivers abstract/ Suspension = Manuel insurance decline
- Replies: 3
- Views: 2258
Re: Drivers abstract/ Suspension = Manuel insurance decline
I dont believe you can get the record removed, since technically you were under suspension at the time. Regardless, as shown in your link, insurance companies are supposed to ignore 90 day ADLS suspensions, since there is no driving offence conviction connected with the suspension. In my mind, the 7 day racing suspension is no different. Its a ...
- Thu Feb 07, 2013 5:26 pm
- Forum: Driving While Suspended
- Topic: Will workplace know if my License gets suspended?
- Replies: 4
- Views: 4980
Re: Will workplace know if my License gets suspended?
1) No, the Ministry does not notify employers when a persons licence is under suspension. Its very unlikely the Ministry would even know who your employer is.
2) Possibly, although charges are more common once the notice has been sent/served.
Some additional thoughts. I know its very unlikely youll get pulled over while operating an armored car ...
2) Possibly, although charges are more common once the notice has been sent/served.
Some additional thoughts. I know its very unlikely youll get pulled over while operating an armored car ...
- Thu Feb 07, 2013 5:09 pm
- Forum: Improper left turn
- Topic: HTA 141(5) - left turn at T intersection
- Replies: 11
- Views: 8258
Re: HTA 141(5) - left turn at T intersection
Thanks for the info. And no, that charge should not have any demerit points, it's only bylaws dealing with prohibited turns.
- Wed Feb 06, 2013 2:28 pm
- Forum: Improper left turn
- Topic: HTA 141(5) - left turn at T intersection
- Replies: 11
- Views: 8258
Re: HTA 141(5) - left turn at T intersection
Congrats. Sounds like you got a reasonable deal.
Out of curiosity, what jurisdiction was this? It seems like Crown's are becoming less inclined to offer plea deals to bylaw infractions in many places, so just kind of curious.
Edit: Actually, what bylaw charge did you actually plead to? Certain prohibited turn bylaw charges DO appear on your ...
Out of curiosity, what jurisdiction was this? It seems like Crown's are becoming less inclined to offer plea deals to bylaw infractions in many places, so just kind of curious.
Edit: Actually, what bylaw charge did you actually plead to? Certain prohibited turn bylaw charges DO appear on your ...
- Wed Feb 06, 2013 9:03 am
- Forum: General Talk
- Topic: "Drive Motor Vehicle No Validated Permit" offense
- Replies: 3
- Views: 4634
Re: "Drive Motor Vehicle No Validated Permit" offense
It will count as an offence for insurance purposes and may impact your rates. It does carry any demerit points.
If you're ticket has an "Option 2 - Early Resolution - Meet with Prosecutor" select that. If your ticket does not have that option, selection "Option 3 - Trial".
If you're ticket has an "Option 2 - Early Resolution - Meet with Prosecutor" select that. If your ticket does not have that option, selection "Option 3 - Trial".
- Mon Feb 04, 2013 10:03 am
- Forum: General Talk
- Topic: 15 days lapsed, what can be done?
- Replies: 3
- Views: 1729
Re: 15 days lapsed, what can be done?
Your mom should attend the Courthouse immediately and see if shes already been convicted by default or not. Sometimes it takes longer than 15 days for the conviction to register, but obviously the longer you wait the more likely it is.
If your mother has already been convicted, she would have to apply to have the matter reopened before a Justice ...
If your mother has already been convicted, she would have to apply to have the matter reopened before a Justice ...
- Sat Feb 02, 2013 6:07 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Red light ticket - Question about video
- Replies: 4
- Views: 2217
Re: Red light ticket - Question about video
What I want to know is if the video doesn't show the evidence of my offence, will the court take just the officer's word that I ran the light against mine?
Keep in mind that dash cams are still relatively uncommon in Ontario, and Courts have relied for years on just the oral evidence provided by officers. You certainly could be convicted, but as ...
Keep in mind that dash cams are still relatively uncommon in Ontario, and Courts have relied for years on just the oral evidence provided by officers. You certainly could be convicted, but as ...
- Wed Jan 30, 2013 3:39 pm
- Forum: General Talk
- Topic: road camera
- Replies: 4
- Views: 1848
Re: road camera
The cameras only activate for red light offences, not amber. The cameras also take photos of your back plate, so if you were facing the camera it would have tripped for a vehicle travelling in the opposite direction.