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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 ...

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 ...

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.

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 ...

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 ...

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.

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.

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.

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 ...

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 ...

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.

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.

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.

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.

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 ...

Are you asking about a specific authority? Or just simply how the Provincial Government passes a law? If its the latter, a bill is brought forward to the Legislative Assembly by a MPP. If the bill passes a first and second reading, its sent for review by committee. The committee would present a report with possible amendments/recommendations and ...

It means you would be admitting guilt to your current charge of 49 over. You would then basically explain to the Justice of the Peace why they should show some leniency. At their discretion, and with good cause (i.e. financial hardship due to unemployment) they can reduce the fine, give more time to pay, etc. They cannot however reduce the charge ...

1) No. You can still go to trial.
2) Yes. In my experience the Crown will already have some disclosure ready for the early resolution meeting. Typically the Crown would at least want the officer's notes so that they can have an idea of how strong the charges are and if any reductions were already granted at the roadside.
3) Video evidence is rare ...

Is it possible to go to court and tell the clerk something like "I'd like to plead guilty for a lesser charge".

No, only the Crown can offer you a plea to a lesser charge. While the Courts will sometimes reduce your fine if there is good reason, they cannot change the offence itself or the associated number of demerit points.

The problem is ...

The officer on the plane who measures your speed would contact another officer waiting on the ground who stops you and issues the ticket.

CanLII (Canadian Legal Information Institute) is a great free resource with lots of case law.

Link: http://www.canlii.org/en/

And here's a link to London (City) v. Young: http://www.canlii.org/en/on/onca/doc/20 ... ca429.html

No. Again to use the speeding analogy, an officer might give one speeder a break and another a ticket even though they committed the same offence. You can't use the fact that someone else got a break as a defence for your charge. Officers are allowed to use discretion. I do agree that it's annoying that everyone but you got a break and somewhat ...

The Court will only be interested in what you did, since you're the one who was charged. It's like getting stopped for speeding, the fact that everyone else may have been speeding isn't a defense. It sucks that you're the only one who was charged, but it doesn't change what you're accused of.

I also don't see the fact that a fire truck could fit ...

That certainly looks like the officers copy, but its a little hard to make out. There are also two white carbon copies of every ticket that can be kept by the officer for notes, etc.

I can see a few other mistakes on the ticket. Youre supposed to write out "Highway Traffic Act", not use the short form HTA. Should also add "commercial motor vehicle ...

Thank you very much !! Greatly appreciated Bend :) So if my license gets cancelled, and I restart the whole Driver Education thing, would that mean my record would be wiped clean and there would be no convictions on my record (for insurance purposes) ?

No, the conviction is permanently on your record, even if you start the graduated licencing ...

bend wrote:I don't believe any Ontario officers still use radar.

Id strongly disagree with that. While laser is popular, I still see tons of handheld radar units in use. Its also the only option Im aware of that works from a moving vehicle.

There is no requirement for the officer to show you the speed measuring device at the time of the stop. While officers will sometimes show you the device as a courtesy, it's not always possible if the device is mounted directly in their vehicle. Many traffic enforcement cars have the radar mounted directly in the back window to catch vehicles ...

If you have clear evidence showing you (and more importantly your vehicle) werent at the location on the date/time in question, it should be relatively easy to beat the charge. It may even be worth taking with the prosecutor ahead to time to see if theyll simply withdraw the charge.

I find it very unlikely someone would have deliberately risked ...

Youll want to start by requesting disclosure to see what type of device the officer was using and what his observations were. One of the first things to determine is what type of device was used to obtain your speed. Are you certain it was radar? There are also handheld laser devices for measuring speed. They have aiming sights and can easily ...

Showing that you reasonably believed your fines were paid and were unaware of your suspension may be a defence for the first offence. The second offence is problematic since you were then clearly aware of your suspension but decided to drive anyways. The fact that you were driving a family member to medical appointment will be irrelevant in Court ...