Ontario Highway Traffic Act

The fact that the other driver was impaired wont in itself clear you of fault. The two common options for careless charges are to plead out to a lesser charge (fail to yield from private drive would be applicable in your case) or go to trial and fight it outright. Since the ramifications for careless convictions are so serious, most people would ...

Its kind of a funny decision. The Courts agree the speed limit signs are unenforceable, but then go on to say the area defaults to a 50 km/hr zone anyways without signs.

Its nice to see a published decision, but I believe the Courts always considered the signs unenforceable.

Yes, it is illegal. It falls under section 74 of the HTA.

Windows to afford clear view
74. (1) No person shall drive a motor vehicle upon a highway,
(a) unless the windshield and the windows on either side of the compartment containing the steering wheel are in such a condition as to afford the driver a clear view to the front and side of the ...

1) An error regarding the time on the ticket can be amended at trial.
2) You'd have to review disclosure and see what the officer's evidence is to determine how likely it is you can argue he obtained a reading from the wrong vehicle. Most likely the officer was using radar if he was also in motion (laser is for stationary use). Radar's accuracy ...

The fact you live on the street isn't legal justification for ignoring the sign, nor is the fact you've ignored it repeatedly before. If you want to fight the charge in Court, you'll have to find another defence.

Talk with the Crown about your situation on your first appearance date. They will probably offer you some type of plea deal, where they will drop one or more charges and/or reduce your fine in exchange for a guilty plea. The other option is hire a paralegal and see if there's anything they can fight the charges on, but that can be expensive.

If ...

First, please dont type in ALL CAPS. Its bad form and very hard to read.

What does your disclosure say regarding the actual offence you were charged with? Does the officer claim you didnt signal or changed lanes in an unsafe manner (or both)?

Im not following. Did your mother in law cross with an actual pedestrian "walk" signal? Or simply when there was an advanced green?

If she crossed when there was an advanced (or flashing) green then that was illegal. Since the advance signal is supposed to facilitate turning vehicles, pedestrians are required to wait. In that situation its also ...

Did they just take your word for it? Or did they notice there was a mistake?

Impaired operation is a criminal offence, not a provincial Highway Traffic Act offence. Your friend should consult with a lawyer.

Id start by requesting disclosure to see what evidence the officer has to support a careless driving charge. Based on what youve said, I certainly dont feel the charge is warranted nor would you be convicted. First attendance meeting might not hurt, see what the Crown says. If they feel the charge is unwarranted they might simply withdraw it.

I'm going to disagree about the timing. Radar/laser readings are near instantaneous. Four and a half seconds should be more then enough time to get two speed readings.

I personally believe your FM transmitter would clearly fall under section 78.1(2) but thats not the section you were charged under. If youre serious about fighting the charge then it might be worth consulting with representation. I dont know how much benefit your cell phone bill would be, since theres lots of things you can do with your phone that ...

Id say its certainly worth looking into. Maybe its just a case of fumbling fingers typing in your plate by mistake (which sucks), but make sure. Many of the ticketing devices take a photo of the car as well, which would certainly confirm if its your vehicle or not.

Do you have any old vehicle plates by chance? Did you leave any plates on an old ...

Interesting. Ive also seen apps where you mount your phone to the windshield so that it will record your driving in real time with the GPS speed superimposed. Mix that with the OBD2 data and I think youd have a pretty good argument. Of course the difficulty would be explaining the technology to the Courts and getting it admitted.

One note of ...