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.
Search found 162 matches
- 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
- 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.
- 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).
P.S. Careless Driving carries 6 demerit points (not 4).
- 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.
- 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.
Ontario Regulation 615 made under the Highway Traffic Act set out particulars you looking for.
- 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.
- 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 ...
You have to file motion in advance as your motion will be heard ...
- 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.
- 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!!!
- 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.
- 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.
- 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.
Interfere with traffic offence does not have any demerit points but may still affect you driving abstract.
- 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?
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?
- 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.
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.
- 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 ...
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 ...