Search found 2111 matches

by Stanton
Mon Sep 03, 2012 8:51 am
Forum: General Talk
Topic: Entrapment
Replies: 7
Views: 3265

Re: Entrapment

Entrapment is when police induce someone to commit an offence or engage in what the Courts have referred to as "random virtue testing". A mistake of law would be when someone commits a criminal offence, but had no intent to do so based on an honest, mistaken belief.
by Stanton
Mon Sep 03, 2012 8:13 am
Forum: General Talk
Topic: First ticket, 29 km over
Replies: 1
Views: 1219

Re: First ticket, 29 km over

While legal representation can be expensive, fighting the ticket yourself shouldnt cost anything unless you need to take time off work to attend Court. At the very least, you can request a first attendance meeting with the Crown. If your ticket hasnt already been reduced, the Crown will likely offer you a reduced fine/speed in exchange for a guilty ...
by Stanton
Mon Sep 03, 2012 8:09 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Tailgattors and could not switch lanes
Replies: 5
Views: 3701

Re: Tailgattors and could not switch lanes

Might be worthwhile to consult with a paralegal. While I'm sure the Crown will offer you a plea deal to a lesser fine, I doubt they'd simply withdraw the charge based on your explanation alone. While I don't think you'd be expected to jam on the brakes with a tailgater, it might be hard to articulate that the risk posed by the tailgater outweighed ...
by Stanton
Mon Sep 03, 2012 8:02 am
Forum: General Talk
Topic: Towing an unplated/uninsured car
Replies: 4
Views: 6432

Re: Towing an unplated/uninsured car

What are the different answers you've gotten from the MTO? To me it sounds perfectly legal.
by Stanton
Sun Sep 02, 2012 10:44 am
Forum: Improper left turn
Topic: left turn two lane result collision with passing car, geesh
Replies: 3
Views: 2572

Re: left turn two lane result collision with passing car, ge

The Highway Traffic Act and Insurance Fault Rules aren't always consistent. Quite often the driver making the turn will be charged under the HTA, though the other driver may be found at fault under insurance rules.

I was under the impression that 25% fault will not result in a rate increase, but I could be wrong. 50% fault will result in an ...
by Stanton
Sun Sep 02, 2012 6:42 am
Forum: Improper left turn
Topic: left turn two lane result collision with passing car, geesh
Replies: 3
Views: 2572

Re: left turn two lane result collision with passing car, ge

Here's the actual fault rules: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

Fault determination varies depending where/how the accident occurred. If your friend was turning at an intersection, she's only 25% at fault. If it was a private road or driveway, 50% at fault. The only way your friend would be ...
by Stanton
Sat Sep 01, 2012 6:34 pm
Forum: Courts and Procedure
Topic: IMPROPER POLICE PROCEDURE
Replies: 3
Views: 2380

Re: IMPROPER POLICE PROCEDURE

Someone more knowledgeable in the Court process might give better advice, but I'm not sure you have a clear win.

In regards to the original ticket, even if the errors did constitute a fatal error, I'm not sure it's still relevant since a summons has since been issued.

As for the summons itself, I'm not sure an incorrect date of issue would ...
by Stanton
Sat Sep 01, 2012 6:27 pm
Forum: General Talk
Topic: Feel Like the proper procedure wasn't followed, need opinion
Replies: 5
Views: 2717

Re: Feel Like the proper procedure wasn't followed, need opi

Probably a good idea to request disclosure to see what the officers evidence is and stated reason(s) for pulling you over.

Personally I think the simplest defence would be to argue that the officers observations were made at a time when your vehicle was parked. There would need to be some evidence supporting your passengers being unbelted at a ...
by Stanton
Thu Aug 30, 2012 6:02 pm
Forum: Careless Driving
Topic: Accident resulting in careless driving charge
Replies: 2
Views: 2380

Re: Accident resulting in careless driving charge

Might be a good idea to consult with a paralegal for advice. I can't speak from experience, but I think it might be a somewhat expensive undertaking. I don't see why you'd require two reports if the expert is qualified to conduct such inspections. The problem is that if it goes to trial, you'd be responsible for whatever fees your expert witness ...
by Stanton
Tue Aug 28, 2012 2:08 pm
Forum: Courts and Procedure
Topic: when do convictions dissapear?
Replies: 5
Views: 2826

Re: when do convictions dissapear?

Convictions don't disappear in the sense that they're erased, the Ministry keeps track of them indefinitely. Typically though, insurance providers only look at your convictions from the past few years, older convictions are ignored.
by Stanton
Mon Aug 27, 2012 6:43 pm
Forum: Courts and Procedure
Topic: IMPROPER POLICE PROCEDURE
Replies: 3
Views: 2380

Re: IMPROPER POLICE PROCEDURE

You're going to need to provide a little more information since what police are required to do is very dependent on the actual situation/type of charge.

First, what were you actually charged with? What is the charge wording and section number?

Second, what type of form is the charge on? Is it a regular ticket with a fine on it? Or is it ...
by Stanton
Sat Aug 18, 2012 6:11 pm
Forum: Improper left turn
Topic: Improper left turn? huh?
Replies: 1
Views: 2458

Re: Improper left turn? huh?

Unfortunately the officer is probably right. The Highway Traffic Act requires you ensure any turning movement wont affect other vehicles. This includes ones overtaking you. Assuming the other drivers pass was legal, most of the onus falls on you. You said it occurred in a no passing zone, but what do you mean by this? Was there actual signs posted ...
by Stanton
Mon Aug 13, 2012 12:48 pm
Forum: Compulsory Automobile Insurance Act
Topic: No insurance card...
Replies: 2
Views: 3319

Re: No insurance card...

dinergirl1 wrote:he got one of these tickets before and paid it now he can't get insurance on his own as his driving record shows that he was charged with driving with no insurance..
I'd double check what his record actually says. Driving without insurance is a very serious offence, whereas driving without proof of insurance is not.
by Stanton
Wed Aug 08, 2012 1:34 pm
Forum: Failing to obey signs
Topic: Disobey sign HTA 182(2)
Replies: 1
Views: 2843

Re: Disobey sign HTA 182(2)

It carries 2 demerit points. There is no easy defence, you'll just have to read through the forums and see what strategies other posters have used.
by Stanton
Wed Aug 08, 2012 11:40 am
Forum: Failing to obey signs
Topic: GPS time vs Ticket time Left turn King/Atlantic
Replies: 3
Views: 2618

Re: GPS time vs Ticket time Left turn King/Atlantic

Not sure I understand what your'e asking. Is your argument that the time on your GPS is different from the time on the ticket? A difference of a few minutes is irrelevant in Court. If the time was off by several hours you might have an argument but Court isn't so picky to require the exact minute the offence took place.
by Stanton
Tue Aug 07, 2012 12:59 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 30 over in a 60 zone
Replies: 1
Views: 1758

Re: 30 over in a 60 zone

Nothing wrong with trying to do it yourself first, especially if you're happy with just a reduction. Request a first attendance meeting and meet with the Crown. It's pretty much guaranteed they'll offer you a deal to a reduced speed (with reduced points) and a lower fine. If you don't like the outcome of the meeting, you can hire representation ...
by Stanton
Tue Aug 07, 2012 9:23 am
Forum: Failing to obey signs
Topic: sec 144 (9) Mon- Fri restriction question
Replies: 1
Views: 1938

Re: sec 144 (9) Mon- Fri restriction question

1) There is no exemption for holidays, etc., unfortunately.
2) Try your luck at a first attendance meeting. Might be able to get a plea deal to a bylaw offence or something else with no demerit points.
by Stanton
Mon Aug 06, 2012 7:54 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain when no damage?
Replies: 1
Views: 3886

Re: Failure to remain when no damage?

If the accident took place in a private parking lot, you can't be charged under the Highway Traffic Act with failing to remain. As long as the damage is under $1,000, there's no requirement to file a police report either. In future I'd make sure to at least leave a note right away regardless, but I think you've covered yourself regardless.
by Stanton
Sat Aug 04, 2012 7:37 am
Forum: General Talk
Topic: Ridiculous HOV ticket, with a green plated vehicle
Replies: 7
Views: 10706

Re: Ridiculous HOV ticket, with a green plated vehicle

Lol, in your second video even the officer says "A lot of police officers don't know about them" as you've unfortunately found out.

It might not hurt to keep a copy of the regulation with you in future, just in case you get stopped by another officer who isn't aware of the exemption.
by Stanton
Wed Aug 01, 2012 6:52 pm
Forum: Careless Driving
Topic: Charged with Careless
Replies: 7
Views: 3301

Re: Charged with Careless

The police should caution you when they have grounds to believe you've committed an offence. During the initial stages of the investigation, police may not yet have any reason to believe you committed an offence in which case a caution isn't required. Determining if your statement is admissible will be dependent on when it was provided and what the ...
by Stanton
Tue Jul 31, 2012 8:30 pm
Forum: Driving While Suspended
Topic: Suspended for unpaid fine
Replies: 2
Views: 3107

Re: Suspended for unpaid fine

Unfortunately yes, it can impact your insurance rates. Insurance providers simply look at the fact that you had a suspension due to an unpaid fine, not what the fine was for. Even the conviction for obstructed plate can impact your rates, since Ontario insurance providers look at all convictions, not just driving specific ones.
by Stanton
Tue Jul 31, 2012 7:30 pm
Forum: Careless Driving
Topic: young driver in accident charged with careless
Replies: 2
Views: 3017

Re: young driver in accident charged with careless

1) If the initial report is shown to be incorrect or missing details, I don't see how the insurance company could stand by it. The Financial Services Commission of Ontario oversees all insurance providers and sets the rules that they may follow. Their website might be a good starting resource.

2) While the Court will examine the role of other ...
by Stanton
Tue Jul 31, 2012 5:51 pm
Forum: Failing to obey signs
Topic: Failing to Stop.. early resolution meet coming - what to do?
Replies: 4
Views: 12564

Re: Failing to Stop.. early resolution meet coming - what to

I'd suggest thinking of it like a job interview. Dress presentable and be polite and professional. If demerit points are your main concern, then advise the Crown of that and see what they offer. They may be able to offer a plea deal to a different offence that doesn't carry any points.

They'll probably encourage you to accept the deal on the spot ...
by Stanton
Mon Jul 30, 2012 9:50 pm
Forum: Courts and Procedure
Topic: officer death in the family
Replies: 6
Views: 2829

Re: officer death in the family

I do find it fairly suspect that there actually was one. I kinda think maybe one of the other cops was covering for their buddy, but of course I can't prove it.

I can assure you that's not the case. Neither the police nor the Crown would put their career on the line and risk criminal charges simply to get an adjournment; especially for a ...
by Stanton
Sat Jul 28, 2012 9:58 pm
Forum: Compulsory Automobile Insurance Act
Topic: 4 tickets, Is this the End of my life?
Replies: 3
Views: 2349

Re: 4 tickets, Is this the End of my life?

Jail is very, very unlikely unless you have multiple prior convictions for driving under suspension (typically 3 or 4).

Reinstating your licence is probably a good idea, since at the very least it will show the Court/Crown that you're taking care of your fines. It won't negate the charge, but may help in getting a better plea deal from the Crown.
by Stanton
Sat Jul 28, 2012 9:32 pm
Forum: Compulsory Automobile Insurance Act
Topic: 4 tickets, Is this the End of my life?
Replies: 3
Views: 2349

Re: 4 tickets, Is this the End of my life?

It may be worth hiring a paralegal due to the seriousness of your charges.

In regards to the insurance charge, were you charged with not having insurance, or not having proof of insurance? Only the owner can be charged for not having insurance, so if it's not your car your'e in the clear. The driving under suspension charge is still quite serious ...
by Stanton
Sat Jul 28, 2012 9:25 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to Remain
Replies: 4
Views: 4662

Re: Failure to Remain

Unfortunately since you failed to remain and actually check for damage to the other car, you'll have a hard time disputing what damage you caused in Court.

As for photographs, etc., the police are under no obligation to prove the offence to you at the time you're charged. Any disputes over damages will be a matter for trial.
by Stanton
Fri Jul 27, 2012 5:22 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: First Speeding Ticket
Replies: 2
Views: 2380

Re: First Speeding Ticket

Most jurisdictions will reduce a speeding ticket in exchange for a guilty plea if the officer didn't already cut you a break. I don't think it's unreasonable to expect them to drop it down to 15 over. I would slightly disagree with Drupjohn in that even one speeding ticket MAY impact your insurance rates, though likely by a small amount.

As for ...
by Stanton
Wed Jul 25, 2012 7:50 pm
Forum: General Talk
Topic: Registration in Ontario
Replies: 3
Views: 3532

Re: Registration in Ontario

Section 7 of the HTA states it's an offence if the vehicle is being operated on the roadway while unregistered. Unless there's another subsection that states otherwise, I think you're in the clear if the vehicle is simply parked on private property. Otherwise, you have 30 days from moving to Ontario to register the vehicle.

In regards to towing ...
by Stanton
Tue Jul 24, 2012 3:45 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 16702

Re: Prosecution refused disclosure for speeding charge.

I know for #3, training records do NOT need to be produced for disclosure. You can certainly question the officer about his/her training at trial, but it doesn't need to be disclosed ahead of time. Not sure how likely you are to get the other two items. #1 probably more likely then #2.