Search found 2111 matches

by Stanton
Wed Nov 28, 2012 5:02 pm
Forum: Improper left turn
Topic: Improper left turn with Failing to provide Motor owner Title
Replies: 10
Views: 3010

Re: Improper left turn with Failing to provide Motor owner T

option 2 the cop does have not to show up.(as you admit guilt)

That's not always the case, as some jurisdictions now have different options on the back of tickets.

Some now list option 2 as "early resolution - meet with prosecutor". If you can't work out a resolution, you can still request a trial afterwards.

Just make sure that's what option ...
by Stanton
Tue Nov 27, 2012 6:36 pm
Forum: Careless Driving
Topic: careless driving while trying to avoid rear end collision
Replies: 2
Views: 2538

Re: careless driving while trying to avoid rear end collisio

If you go to trial, you can't be found guilty of a less serious charge. The only way to be found guilty of a less serious charge is to work out a plea deal with the Crown prior to trial.

If you intend to fight the charge outright, might be worth hiring representation. Careless driving is a very serious conviction and will likely have a significant ...
by Stanton
Mon Nov 26, 2012 9:56 am
Forum: Improper left turn
Topic: Improper left turn with Failing to provide Motor owner Title
Replies: 10
Views: 3010

Re: Improper left turn with Failing to provide Motor owner T

If you want to get one of the charges dropped, you'll have to work out a plea deal with the Crown. Quite likely they would be willing to drop the ownership charge if you plead to the improper turn. You can either request a pre trial resolution meeting or try to work something out the day of the trial.
by Stanton
Sat Nov 24, 2012 9:22 am
Forum: Failing to yield the right-of-way
Topic: No Charge, but Insurance is applying failure to yeild
Replies: 3
Views: 3645

Re: No Charge, but Insurance is applying failure to yeild

How insurance companies determine fault is based on the Fault Determination Rules, found here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
The fault determination rules are not always consistent with the Highway Traffic Act.

Just a few points for clarification:
Is there actually a stop sign for traffic ...
by Stanton
Tue Nov 20, 2012 10:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 128 in a 90, reduced to 118
Replies: 1
Views: 1850

Re: 128 in a 90, reduced to 118

Did the officer actually reduce your ticket? If the offence is listed as 128 in a 90, then it was not reduced. The offence should read as 118 in a 90.

Typically if your ticket was already reduced at the side of the road, you won't get a further reduction from the Crown. The only way to avoid demerit points would be to get it down to 15 over or ...
by Stanton
Mon Nov 19, 2012 12:14 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: two tickets in 2012
Replies: 1
Views: 1530

Re: two tickets in 2012

Those are some pretty general questions. Take some time to read through the forums and you should get a good overview of what to expect and how to proceed with your charges.
by Stanton
Mon Nov 19, 2012 12:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 66 in a permanently-posted 40 kph zone/CSZ
Replies: 24
Views: 7548

Re: 66 in a permanently-posted 40 kph zone/CSZ

Might have been an error on the ticket or maybe it wasn't submitted. The insurance company could have simply found you at fault based on the accident report (which you would be in a rear ender). As stated above though, might be good to check and see what happened just to be sure.
by Stanton
Thu Nov 15, 2012 8:55 pm
Forum: Careless Driving
Topic: Careless Driving- Single car, no witness
Replies: 4
Views: 2937

Re: Careless Driving- Single car, no witness

I'd second speaking with a paralegal. There's case law surrounding momentary distractions and I'm not sure your son accidentally causing a distraction would mean you were driving without due care and attention.
by Stanton
Wed Nov 14, 2012 5:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 66 in a permanently-posted 40 kph zone/CSZ
Replies: 24
Views: 7548

Re: 66 in a permanently-posted 40 kph zone/CSZ

1) Demerit points aren't listed on tickets. For 26 over you'd receive 3 points. You'd need to get it reduced to 15 or less for no points.
2) I don't believe there's any requirement for advanced notice, but can't remember for certain. That would probably be covered by the HTA regulation dealing with signs: http://www.canlii.org/en/on/laws/regu/rro ...
by Stanton
Wed Nov 14, 2012 5:51 pm
Forum: General Talk
Topic: Common Law dictates that everyone has the free right to trav
Replies: 5
Views: 10953

Re: Common Law dictates that everyone has the free right to

Such "freeman of the land" arguments have been around for a while and have never gotten anywhere in Court. The ideology is based on a very narrow, selective interpretation of laws that are convenient to the movements beliefs. Its certainly not a belief or strategy thats supported on these forums.

A good read for anyone considering such an approach ...
by Stanton
Wed Nov 14, 2012 2:55 pm
Forum: Careless Driving
Topic: Careless Driving Charge, New Driver - Need Help.
Replies: 6
Views: 3091

Re: Careless Driving Charge, New Driver - Need Help.

I think Bend was going by the fact you say you're a new driver. If you have a G1 or G2, it only takes four points for a suspension. Your quote above only applies to people with a full G licence.
by Stanton
Mon Nov 12, 2012 1:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 87 on a 60 road - fight or not?
Replies: 3
Views: 1976

Re: 87 on a 60 road - fight or not?

No, the only way to avoid a record is to be found not guilty or have the charged withdrawn.

A speeding conviction would not show up on a criminal background check since its not a criminal offence. Speeding convictions show on your driving abstract, which is what insurance companies look at.
by Stanton
Mon Nov 12, 2012 1:03 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 96 km/h on 60 km/h zone
Replies: 11
Views: 4582

Re: 96 km/h on 60 km/h zone

A defence of necessity would be something where your life is in danger and you had no choice but to break the law. Being distracted by a warning light would not fit that definition.
by Stanton
Mon Nov 12, 2012 12:10 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 87 on a 60 road - fight or not?
Replies: 3
Views: 1976

Re: 87 on a 60 road - fight or not?

All convictions show up on your record, regardless of demerit points.

If you go to Court or request a pre trial resolution, the Crown will probably offer you a plea deal to a lower speed.
by Stanton
Thu Nov 08, 2012 5:06 pm
Forum: Careless Driving
Topic: Need some major help!
Replies: 1
Views: 1605

Re: Need some major help!

Id suggest requesting a pre-trial resolution meeting with the Crown. Quite likely theyll offer your mother some type of plea deal to a lesser offence with a lesser fine and likely much less serious ramifications in terms of insurance.

The other option is to fight the charge outright. If you go that route, Id suggest retaining some type of ...