Search found 2111 matches
- Tue Jan 29, 2013 3:29 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Changing plea?
- Replies: 3
- Views: 2298
Re: Changing plea?
Actually, if you request a trial and fail to attend, you have to pay additional court costs. It's a minimal amount (I believe $5) but still slightly cheaper to deal with it before your trial day.
- Mon Jan 28, 2013 8:00 pm
- Forum: Failing to stop for a school bus
- Topic: Unintentionally failed to stop for school bus!
- Replies: 17
- Views: 27845
Re: Unintentionally failed to stop for school bus!
It's up to the discretion of the Crown. I've heard of fines being halved, but there's no guarantee as to the amount.
If you plead guilty or are found guilty, you can also advise the Justice of the Peace during sentencing of any reasons why the fine should be lowered (i.e. some type of financial hardship such as unemployment, etc.). You can also ...
If you plead guilty or are found guilty, you can also advise the Justice of the Peace during sentencing of any reasons why the fine should be lowered (i.e. some type of financial hardship such as unemployment, etc.). You can also ...
- Thu Jan 24, 2013 4:25 pm
- Forum: General Talk
- Topic: How to find old case laws
- Replies: 1
- Views: 1672
Re: How to find old case laws
Probably the best free public database would be CanLII (http://www.canlii.org/en/).
It doesn't have all published decisions, but does seem to have a lot of the more major ones.
Edit: Oops, sorry, missed that you already tried that database.
It doesn't have all published decisions, but does seem to have a lot of the more major ones.
Edit: Oops, sorry, missed that you already tried that database.
- Wed Jan 23, 2013 9:56 pm
- Forum: Careless Driving
- Topic: Backing into my driveway
- Replies: 6
- Views: 13702
Re: Backing into my driveway
To expand on Bear's last post, crossing a solid yellow line in Ontario is not illegal in itself. Such markings are considered more for reference and are not legally enforceable. The legality of passing is determined by meeting the conditions Bear outlined and/or signage prohibiting passing, etc.
- Wed Jan 23, 2013 9:53 pm
- Forum: Failing to stop for a school bus
- Topic: tricks to fight a ticket for failing to stop for a school bu
- Replies: 4
- Views: 4168
Re: tricks to fight a ticket for failing to stop for a schoo
I don't know what the officer would be referring to as there is no simple "trick" to beat the charge. The only way the owner isn't responsible would be if the vehicle had been stolen/taken without consent at the time of the actual offence.
If you want to fight the charge outright, the best starting point would be to request disclosure and see ...
If you want to fight the charge outright, the best starting point would be to request disclosure and see ...
- Wed Jan 23, 2013 9:40 pm
- Forum: Red Light Camera Ticket
- Topic: Red light Camera question
- Replies: 2
- Views: 2498
Re: Red light Camera question
1) Since the driver cannot be identified with a red light camera ticket, there are no demerit points, just a fine. I believe the fine is $325.
2) No, that would only come into play if you were stopped by the police and identified as the actual driver.
3) Typically they will offer you a reduced fine in exchange for pleading guilty.
2) No, that would only come into play if you were stopped by the police and identified as the actual driver.
3) Typically they will offer you a reduced fine in exchange for pleading guilty.
- Tue Jan 22, 2013 2:08 pm
- Forum: General Talk
- Topic: Ticket for no valid permit, will it affect my Insurance?
- Replies: 2
- Views: 4110
Re: Ticket for no valid permit, will it affect my Insurance?
Most insurance providers look at all HTA convictions, regardless if the offence carries demerit points. You'd have to check with your provider to be certain, but chances are your charge will count as a third offence.
In my experience, the prosecutor will typically offer you a significantly reduced fine. Dropping the charge outright seems to be ...
In my experience, the prosecutor will typically offer you a significantly reduced fine. Dropping the charge outright seems to be ...
- Thu Jan 17, 2013 1:06 pm
- Forum: Failing to obey signs
- Topic: 2 tickets - fail to obey signs; insurance card.
- Replies: 2
- Views: 2121
Re: 2 tickets - fail to obey signs; insurance card.
A quick look at the intersection using Google street view shows a no u-turn sign for southbound traffic on Brimley, but not other directions. Is that the direction you were traveling? You're correct in that the sign you're describing indicates to keep right of the traffic island. A no u-turn sign would be an upside down U shaped arrow with a red ...
- Wed Jan 16, 2013 5:21 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: NIAGARA COURT- FAILURE TO STOP AT STOP SIGN 136(1)A
- Replies: 1
- Views: 2395
Re: NIAGARA COURT- FAILURE TO STOP AT STOP SIGN 136(1)A
The plea deal is unlikely to make any difference to your insurance provider. Theyd likely treat either offence as a minor conviction. Im not saying you should just pay the fine, but the plea deal doesnt really benefit you much as it stands right now. Are they willing to offer a reduced fine?
- Wed Jan 16, 2013 1:59 pm
- Forum: Careless Driving
- Topic: Careless in a parking lot
- Replies: 7
- Views: 6081
Re: Careless in a parking lot
I agree that the accident itself isn't directly applicable since it occurred off the highway, but Id still argue the rest of the accuseds actions would be sufficient grounds to lay the charge. Though unintentional, the accused entered, crossed and drove off the highway while not in control of her vehicle. Is that sufficient for conviction? I dont ...
- Wed Jan 16, 2013 8:25 am
- Forum: Parking Tickets
- Topic: Defense for disabled parking ticket? Help!
- Replies: 6
- Views: 7838
Re: Defense for disabled parking ticket? Help!
I fully agree that the fine seems very high, especially when you think that most traffic offences that put people in danger arent nearly that high.
In terms of your defence, typically markings on the roadway are irrelevant, only the actual signage is legally enforceable. What city did this happen in?
In terms of your defence, typically markings on the roadway are irrelevant, only the actual signage is legally enforceable. What city did this happen in?
- Tue Jan 15, 2013 6:56 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Is this grounds for an appeal? (was kicked out of courtroom)
- Replies: 8
- Views: 2883
Re: Is this grounds for an appeal? (was kicked out of courtr
The appeal will be based solely on the transcripts. No need to subpoena anyone.
- Tue Jan 15, 2013 9:10 am
- Forum: Failing to yield the right-of-way
- Topic: Help with Fail to Yield issue
- Replies: 2
- Views: 3361
Re: Help with Fail to Yield issue
1) Arguably you were a hazard though, as you had to stop for someone approaching around a bend.
2) A failure on the officers part to record your statement wont limit your defence. In fact the opposite is true. If you had provided one statement at the scene, then it would be very difficult to say anything different in Court.
3) Ive never heard of ...
2) A failure on the officers part to record your statement wont limit your defence. In fact the opposite is true. If you had provided one statement at the scene, then it would be very difficult to say anything different in Court.
3) Ive never heard of ...
- Sat Jan 12, 2013 1:07 pm
- Forum: Careless Driving
- Topic: Careless in a parking lot
- Replies: 7
- Views: 6081
Re: Careless in a parking lot
If the incident had taken place entirely in the school parking lot (i.e practicing there when accident occurred) then I would say the Highway Traffic Act doesn't apply. Since however your daughter crossed the roadway while out of control, the highway traffic act would be applicable. Quite likely a plea deal will be offered, whether you should try ...
- Tue Jan 08, 2013 1:20 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Red Light - Fail to stop 144(18) minor or major conviction?
- Replies: 1
- Views: 2847
Re: Red Light - Fail to stop 144(18) minor or major convicti
Most insurance sites list it as a minor conviction. Always best to check with your provider if you want to be certain though.
- Mon Jan 07, 2013 6:25 pm
- Forum: Red Light Camera Ticket
- Topic: Red light camera ticket - broken down truck on the light
- Replies: 5
- Views: 6673
Re: Red light camera ticket - broken down truck on the light
The offence is committed when you first enter the intersection, not when you actually clear the intersection.
- Mon Jan 07, 2013 12:31 pm
- Forum: Failing to lower headlamp beams
- Topic: ticket for high beam
- Replies: 5
- Views: 7866
Re: ticket for high beam
The charge is "Fail to use lower beam - oncoming". The "commercial vehicle" at the end simply is referring to what you're friend was driving, not the type of oncoming traffic. Commercial vehicles are subject to higher fines then regular vehicles ($240 vs $110) but the demerit points are the same. For this particular charge it would be 2 points.
- Mon Jan 07, 2013 12:27 pm
- Forum: General Talk
- Topic: Checking a Licence plate
- Replies: 5
- Views: 5711
Re: Checking a Licence plate
Random plate queries are lawful. Random traffic stops are also lawful to check on drivers licence, insurance, etc.
Theres significant case law dealing with police authority to stop persons/vehicles, but youd have to be a little more specific as to what exactly youre looking for.
Theres significant case law dealing with police authority to stop persons/vehicles, but youd have to be a little more specific as to what exactly youre looking for.
- Sun Jan 06, 2013 3:22 pm
- Forum: Red Light Camera Ticket
- Topic: Red Light Camera - Stopped then Reversed
- Replies: 2
- Views: 4115
Re: Red Light Camera - Stopped then Reversed
Unfortunately there isnt anything you can do until a ticket is issued, at which time you'd have to go to Court and fight the charge.
- Sun Jan 06, 2013 3:14 pm
- Forum: General Talk
- Topic: Part I or III offence?
- Replies: 3
- Views: 2941
Re: Part I or III offence?
Its up to the charging officer. They can proceed by way of Part III summons for any offence but for most minor offences a Part I (a regular ticket) is more common. Typically for 15 over it would be a Part I. A Part III wouldn't be issued unless too much time had passed for a regular ticket or there were other more serious charges laid as well.
- Sat Jan 05, 2013 6:06 pm
- Forum: General Talk
- Topic: Do you have to stop before exitng private drive onto road?
- Replies: 4
- Views: 2934
Re: Do you have to stop before exitng private drive onto roa
Was there a stop sign or traffic light?
- Sat Jan 05, 2013 6:00 pm
- Forum: General Talk
- Topic: Turn Not In Safety
- Replies: 5
- Views: 3805
Re: Turn Not In Safety
The officer probably simply failed to submit the ticket in time, which would be a nice break for you. What the clerk was referring to was the fact that the officer still has six months to lay the charge, but would now have to do so by way of summons instead of a regular ticket.
Even if youre summonsed to Court, you can still simply plead guilty ...
Even if youre summonsed to Court, you can still simply plead guilty ...
- Sat Jan 05, 2013 5:49 pm
- Forum: Failing to stop at a pedestrian crossing
- Topic: Failure to yield to pedestrian at cross over
- Replies: 1
- Views: 5023
Re: Failure to yield to pedestrian at cross over
It depends what you're hoping for. At an early resolution meeting they'll probably offer you some type of deal (i.e. less serious charge and/or reduced fine), but if you want to fight the charge outright you'll have to go to trial.
FYI, the fact that you're not familiar with pedestrian crossovers isn't a valid defence in Court. You'll have to find ...
FYI, the fact that you're not familiar with pedestrian crossovers isn't a valid defence in Court. You'll have to find ...
- Sat Jan 05, 2013 2:14 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Is this grounds for an appeal? (was kicked out of courtroom)
- Replies: 8
- Views: 2883
Re: Is this grounds for an appeal? (was kicked out of courtr
Cell phones are required to be turned off (not just put on silent) in all Courts. The Secretary certainly was within her right to ask you to leave.
I think it would be very difficult to show you were pressured into entering your plea. The Justice of the Peace likely asked you several questions regarding if you understood your options and what ...
I think it would be very difficult to show you were pressured into entering your plea. The Justice of the Peace likely asked you several questions regarding if you understood your options and what ...
- Fri Jan 04, 2013 10:42 am
- Forum: Traffic Offences Outside Ontario
- Topic: Received Traffic ticket in NY, pleading for lesser charge
- Replies: 3
- Views: 5849
Re: Received Traffic ticket in NY, pleading for lesser charg
Even a speeding conviction (up to 49 over) is typically considered a minor offence. In fact your initial charge (which sounds like a red light offence) would probably be considered minor. To be certain, its always best to confirm with your provider how they classify an offence, but it typically has to be pretty serious before it will have a major ...
- Fri Jan 04, 2013 10:33 am
- Forum: Red Light Camera Ticket
- Topic: Red Light Camera - unclear photo? faulty equipment?
- Replies: 4
- Views: 3298
Re: Red Light Camera - unclear photo? faulty equipment?
1) I agree that the photo (at least your scanned copy) is quite dark. However when I boost the brightness, it still looks to me like your front wheels are behind the stop line. Youre correct in that if you've already entered the intersection its no longer a red light offence. I`m not sure how far in Court you'd get arguing the photo isn't clear ...
- Fri Jan 04, 2013 1:01 am
- Forum: Traffic Offences Outside Ontario
- Topic: Received Traffic ticket in NY, pleading for lesser charge
- Replies: 3
- Views: 5849
Re: Received Traffic ticket in NY, pleading for lesser charg
New York is one of the two States that has a full reciprocal agreement with Ontario, so any conviction will appear on your Ontario abstract.
To the best of my knowledge, the MTO will try and match it to whatever most closely resembles the offence here in Ontario. I'm not familiar with New York laws, but it sounds like the deal you're being offered ...
To the best of my knowledge, the MTO will try and match it to whatever most closely resembles the offence here in Ontario. I'm not familiar with New York laws, but it sounds like the deal you're being offered ...
- Thu Jan 03, 2013 8:56 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: how can i plea to prevent insurance reporting (american) ??
- Replies: 4
- Views: 2226
Re: how can i plea to prevent insurance reporting (american)
The code showing a ticket has been reduced is not always present, its optional on the officers part and sometimes forgotten. You wont really know for certain until you review the officers notes.
Im not aware of any option that would prevent the ticket from showing on your Michigan record short of being found not guilty. The Crown will probably ...
Im not aware of any option that would prevent the ticket from showing on your Michigan record short of being found not guilty. The Crown will probably ...
- Wed Jan 02, 2013 11:01 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 HTA 136 a (with video evidence)
- Replies: 13
- Views: 6195
Re: Fail to obey stop sign HTA 136 a (with video evidence)
The officer will be required to introduce the video evidence at the very least.
- Wed Jan 02, 2013 11:01 pm
- Forum: Summon
- Topic: Pulled over with expired insurance
- Replies: 3
- Views: 7208
Re: Pulled over with expired insurance
What are you actually being charged with? You say it's for not providing proof of insurance, but I think you're actually being charged for not having insurance (a much more serious fine, $5000 vs $50).
If you got a break with the less serious charge, I'd say just pay it and move on.
If you got a break with the less serious charge, I'd say just pay it and move on.