Search found 162 matches

by Traffic Law
Fri Mar 19, 2010 9:27 am
Forum: Courts and Procedure
Topic: Amendemnt to certificate of offence
Replies: 5
Views: 2312

Re: Amendemnt to certificate of offence

Your discussions with the crown is part of attempt of resolution of this allegation. If the crown whishes to ask the Court for an amendment you should argue against it at Court.
Bottom line you believe that the offence you were charged with is wrong or does not apply to the case. The Court has to consider s. 34, 35, 36 of the POA. Govern yourself ...
by Traffic Law
Fri Mar 19, 2010 9:18 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 121 in 100 on construction need advice to choose strategy
Replies: 12
Views: 3023

Re: 121 in 100 on construction need advice to choose strategy

Was the officer stationary or moving at the time of enforcement?
by Traffic Law
Fri Mar 19, 2010 9:13 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Ticket for Red light-fail to stop
Replies: 7
Views: 8450

Re: Ticket for Red light-fail to stop

Red Light Fail to Stop applies only if you have entered the intersection when the light was displaying RED. If you have entered on an amber it is a wrong charge. Furthermore, if you entered on amber you may advance a defence and take your chances at trial.
This situation coupled with the bad weather may just work.

If you decide not to pursue a ...
by Traffic Law
Thu Mar 11, 2010 1:23 pm
Forum: Courts and Procedure
Topic: Amendemnt to certificate of offence
Replies: 5
Views: 2312

Re: Amendemnt to certificate of offence

Just to assist you in this: municipal prosecutor DOES NOT have a right to amend the charge. Any amendments are to be done by Court. The prosecution may ask the Court to do it but it is open to your response and arguments to the contrary.

The Court has to consider sections 34, 35 and 36 of the POA before any amendments can be done.
by Traffic Law
Thu Mar 11, 2010 1:10 pm
Forum: Improper left turn
Topic: Improper left turn - wrong HTA code
Replies: 3
Views: 3094

Re: Improper left turn - wrong HTA code

In your situation 141(6) is a proper section number. Section 144(6) deals with an improper STOP at the intersection.

You may still be able to resolve this matter.

I bet you I know which officer it was...
by Traffic Law
Thu Mar 11, 2010 1:02 pm
Forum: Failing to obey signs
Topic: Disobey Sign. ticket is miss. intersec. where it took place
Replies: 4
Views: 2525

Re: Disobey Sign. ticket is miss. intersec. where it took place

Interesting story but I have to tell you there is no "entrapment" if this even exist in traffic cases.

In your situation you may still have several arguments to advance. You should obtain disclosure and review it. This particular allegation carries 2 demerit points.
by Traffic Law
Mon Mar 01, 2010 12:07 pm
Forum: Failing to obey signs
Topic: Fail to obey stop sign
Replies: 8
Views: 3924

Re: Fail to obey stop sign

Am I correct with my assumption that I don't need to stop again once I've stopped at the stop line and am now waiting for an opportunity to get through the intersection?

You are absolutely correct. If you stopped at the white line you did not do anything wrong. You might also want to consider asking the court for an adjournment to obtain and ...
by Traffic Law
Tue Feb 23, 2010 11:26 am
Forum: Driving While Suspended
Topic: Need Advice - Suspended licence though not driving
Replies: 8
Views: 3319

Re: Need Advice - Suspended licence though not driving

I would respectfully diagree with the chances of beating this allegation. If you were not driving the motor vehicle in question.....there is no case for the prosecution.

P.S. - Admissions or statements made by the defendant may change things.
by Traffic Law
Mon Feb 22, 2010 12:10 pm
Forum: Failing to yield the right-of-way
Topic: Fail to Yield To Traffic in Through Highway
Replies: 1
Views: 3245

Re: Fail to Yield To Traffic in Through Highway

By paying the ticket you automaticaly accept the responsibility and "will be found guilty"!

In the scenario you have put forward it appears that potentially wrong charge was laid. You should seek representation to minimize civil liability.
by Traffic Law
Fri Feb 19, 2010 12:10 pm
Forum: Driving While Suspended
Topic: driving while under suspension
Replies: 8
Views: 4899

Re: driving while under suspension

This allegation surely does not meet the required elements of the charge.
by Traffic Law
Thu Feb 18, 2010 9:58 am
Forum: Careless Driving
Topic: Rear End Collision
Replies: 2
Views: 4648

Re: Rear End Collision

Careless Driving is used as a default charge way too often. In this particular case you may have several issues to be argued.
by Traffic Law
Thu Feb 18, 2010 9:54 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: disobey stop sign - stopped in the wrong place - hta136 1a
Replies: 1
Views: 2949

Re: disobey stop sign - stopped in the wrong place - hta136 1a

Stop Signs:

Every driver approaching a stop sign at an intersection:
a) shall stop his or her vehicle....at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, them immediately before entering the intersection

So the question is did you do what is required? If not you should consider resolution of ...
by Traffic Law
Thu Feb 18, 2010 9:49 am
Forum: Failing to obey signs
Topic: HTA Sect. 163 (2) - Failure to stop at railway crossing
Replies: 3
Views: 2878

Re: HTA Sect. 163 (2) - Failure to stop at railway crossing

You mentioned that you have hired a paralegal. Your paralegal should be able to answer all of your questions regarding this matter (you paid for it).

Photo evidence can be tricky sometimes. Overall seems like you have a good case for trial.
by Traffic Law
Wed Feb 10, 2010 11:25 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Doing 115 in a 90 Help me out please!!
Replies: 10
Views: 2018

Re: Doing 115 in a 90 Help me out please!!

You should obtain an independed legal advise to become familiar with the allegation against you. There may be issues worth arguing.
by Traffic Law
Tue Feb 09, 2010 2:32 pm
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 12600

Re: HTA 144 (9) - Time issue

If your trial date on 1st of March and you filed the 11b application on 08 Feb'10 - YOU ARE NOT LATE.