Search found 162 matches

by Traffic Law
Tue Feb 09, 2010 2:27 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18)
Replies: 10
Views: 6933

Re: HTA 144(18)

Seems like a wrong charge. You approached the intersection on red and "stopped". In my opinion a correct charge would have been Red Light - proceed before green.

Police video may help you to mount a defense.
by Traffic Law
Fri Feb 05, 2010 10:37 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(8) I got a ticket for running a red... on an amber?
Replies: 34
Views: 12690

Re: 144(8) I got a ticket for running a red... on an amber?

You certainly have a defence on this matter. If you believe that you have entered the intersection on an amber light you should go to trial. It will be your evidence against the officer's. If your evidence will be accepted and found credible you have a good chance.
by Traffic Law
Thu Feb 04, 2010 9:17 am
Forum: Careless Driving
Topic: careless driving charge - need advice
Replies: 5
Views: 3101

Re: careless driving charge - need advice

You should definitely get your vehicle inspected (and get a mechanic's report). If you satisfy the court that this accident happened due to a mechanical failure - you have a good chance.

P.S. Careless Driving carries 6 demerit points (not 4).
by Traffic Law
Tue Feb 02, 2010 3:42 pm
Forum: Improper left turn
Topic: Turn - Not In Safety
Replies: 3
Views: 3906

Re: Turn - Not In Safety

In this particular case section number 142.1 is fine. It is not a mistake that will render this ticket a nullity. In other cases where section number actually refers to another offence may have some weight.
by Traffic Law
Tue Jan 26, 2010 12:30 pm
Forum: Improper left turn
Topic: Improper Left Turn- Sign Heights and Sign Locations
Replies: 1
Views: 2417

Re: Improper Left Turn- Sign Heights and Sign Locations

All signs errected must be visible. I you believe that the view of this particular sign was obstructed or not visible to the approaching drivers you may have a good chance at trial.

Ontario Regulation 615 made under the Highway Traffic Act set out particulars you looking for.
by Traffic Law
Tue Jan 19, 2010 6:52 pm
Forum: Courts and Procedure
Topic: Paid Tickets
Replies: 7
Views: 2134

Re: Paid Tickets

If your conviction was registered close to a year ago then the only option is to proceed by way of Motion to Extend Time To File An Appeal. On the date of motion hearing you will need to explain why you did not appeal within prescribed time and whether you have grounds for appeal.
by Traffic Law
Tue Jan 19, 2010 6:11 pm
Forum: Courts and Procedure
Topic: Quick Question
Replies: 1
Views: 1489

Re: Quick Question

If you unable to appear in court on your scheduled trial date you may file a motion and ask the court to reschedule your appearance. You have to include an affidavit "sworn statement" as to why you are unable to appear and the presiding Justice of the Peace will consider your position.
You have to file motion in advance as your motion will be heard ...
by Traffic Law
Mon Jan 18, 2010 9:30 am
Forum: Courts and Procedure
Topic: Paid Tickets
Replies: 7
Views: 2134

Re: Paid Tickets

If these are Ontario tickets then your set fine on Insurance card ticket is wrong. Since you did not appear at trial that ticket should have been quashed. If you decide to do a reopening instead it will not cure wrong set fine and appeal is a more appropriate option.
by Traffic Law
Mon Jan 18, 2010 9:24 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA - Red light failure to stop
Replies: 18
Views: 9850

Re: HTA - Red light failure to stop

There is serious mistake on this ticket. Set fine for the offence is wrong!!!
by Traffic Law
Tue Jan 12, 2010 4:16 pm
Forum: Courts and Procedure
Topic: Two tickets- Can I Appeal for One
Replies: 9
Views: 3474

Re: Two tickets- Can I Appeal for One

Proper way of dealing with (from prosecution's view) was to invite JP to dismiss the seatbelt charge but it will not matter at this stage.
by Traffic Law
Tue Jan 12, 2010 4:14 pm
Forum: Courts and Procedure
Topic: Two tickets- Can I Appeal for One
Replies: 9
Views: 3474

Re: Two tickets- Can I Appeal for One

Prosecutor withdrew seat belt charge because officer did not have any evidence to support it at trial. They cannot reinstate it later as retrial on the same issue will not result in anything different.
by Traffic Law
Tue Jan 12, 2010 11:16 am
Forum: Improper right turn
Topic: Ticket while waiting to enter the school Kiss & ride
Replies: 3
Views: 2644

Re: Ticket while waiting to enter the school Kiss & ride

You should definitely dispute this ticket.

Interfere with traffic offence does not have any demerit points but may still affect you driving abstract.
by Traffic Law
Tue Jan 12, 2010 11:05 am
Forum: Courts and Procedure
Topic: Two tickets- Can I Appeal for One
Replies: 9
Views: 3474

Re: Two tickets- Can I Appeal for One

If prosecution withdrew the charge they can not reinstate it at the appeal.

Did you actually have a trial? Sounds like you have pled guilty to one charge and prosecution withdrew the other.....If this is the case then what are your grounds for an appeal?
by Traffic Law
Wed Jan 06, 2010 4:29 pm
Forum: Careless Driving
Topic: Careless for driving 105 in a 100 zone with some snow on hwy
Replies: 7
Views: 2509

Re: Careless for driving 105 in a 100 zone with some snow on hwy

Driving without due care and attention........

It appears that officer "concluded" that you were travelling too fast for the weather conditions. The door is certainly open for the defence on this one.
by Traffic Law
Thu Dec 31, 2009 9:58 am
Forum: Careless Driving
Topic: What can I expect on my trial date?
Replies: 3
Views: 2710

Re: What can I expect on my trial date?

Single motor vehicle collisions are fun to fight (at least from my prospective). Do not be alrmed because of "Careless Driving" charge as it is only a beginning.

Statement that you provided to the police is what you should be concentrating on in the first place.

Was it cautioned statement? Did you write/sign it?

If the statement is excluded ...