Search found 2111 matches

by Stanton
Tue Jan 29, 2013 3:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Changing plea?
Replies: 3
Views: 2081

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.
by Stanton
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: 27206

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 ...
by Stanton
Thu Jan 24, 2013 4:25 pm
Forum: General Talk
Topic: How to find old case laws
Replies: 1
Views: 1566

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.
by Stanton
Wed Jan 23, 2013 9:56 pm
Forum: Careless Driving
Topic: Backing into my driveway
Replies: 6
Views: 13297

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.
by Stanton
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: 4040

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 ...
by Stanton
Wed Jan 23, 2013 9:40 pm
Forum: Red Light Camera Ticket
Topic: Red light Camera question
Replies: 2
Views: 2362

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.
by Stanton
Tue Jan 22, 2013 2:08 pm
Forum: General Talk
Topic: Ticket for no valid permit, will it affect my Insurance?
Replies: 2
Views: 3969

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 ...
by Stanton
Thu Jan 17, 2013 1:06 pm
Forum: Failing to obey signs
Topic: 2 tickets - fail to obey signs; insurance card.
Replies: 2
Views: 2027

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 ...
by Stanton
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: 2297

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?
by Stanton
Wed Jan 16, 2013 1:59 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 5913

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 ...
by Stanton
Wed Jan 16, 2013 8:25 am
Forum: Parking Tickets
Topic: Defense for disabled parking ticket? Help!
Replies: 6
Views: 7622

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?
by Stanton
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: 2751

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.
by Stanton
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: 3205

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 ...
by Stanton
Sat Jan 12, 2013 1:07 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 5913

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 ...
by Stanton
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: 2747

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.