Search found 162 matches

by Traffic Law
Thu Nov 11, 2010 9:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 100 in 80
Replies: 5
Views: 1922

Re: 100 in 80

Charter argument has to be filed "as soon as delay became apparent". Do not play the system. If you rights are violated - why wait? If you simply trying to toss a coin - charter application has to be filed no less that 15 days prior to the argument.
by Traffic Law
Thu Nov 11, 2010 9:28 pm
Forum: Driving While Suspended
Topic: Advice Needed
Replies: 11
Views: 3685

Re: Advice Needed

You should not look at the appeal as another crack at the case. There is LEGAL requirement for taking pleas and being aware of consequences. That is all I have to say without giving legal advice.
In the alternative, you can still have your sticker renewed and your wife drive you arround.
by Traffic Law
Thu Nov 11, 2010 9:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Do I Have chance of successful 11b? HTA 136 (1)(a)
Replies: 16
Views: 5713

Re: Do I Have chance of successful 11b? HTA 136 (1)(a)

Was it B court on Friday last week? I think I have seen you pleading your case with officer at the brake - Not much luck I guess? Consequences of new job I believe?

You should have remained in court to see what happened to the ONLY trial matter on the same charge that day (with your officer). Too bad you have to come back.
by Traffic Law
Thu Nov 11, 2010 9:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 100 in 80
Replies: 5
Views: 1922

Re: 100 in 80

Testing procedures for the radar unit should be provided to you as part of the disclosure. If you did not receive it - request it again. As to the delay, it depends in what jurisdiction it occured. In some jurisdictions 11 month may be sufficient but in others not. Regardless of the jurisdiction, if you believe that your 11b rights were violated ...
by Traffic Law
Thu Nov 11, 2010 8:51 pm
Forum: General Talk
Topic: Just had a write off, now I just got a small speeding ticket
Replies: 1
Views: 1202

Re: Just had a write off, now I just got a small speeding ticket

In light of your situation your insurance will likely go up if you are convicted of this offence. This allegation is considered a minor offence and you should fight it. I guess the officer reduced the speed from the higher speed. At trial your speed may be amended to the original.
by Traffic Law
Thu Nov 11, 2010 8:47 pm
Forum: General Talk
Topic: Do I have any chance beating this red light camera fine?
Replies: 2
Views: 1826

Re: Do I have any chance beating this red light camera fine?

The photos are the evidence aginst you. If photos are clear and support the charge you likely will lose. This charge does not go on your record nor has any demerit points attached. It is offence against the owner of the motor vehicle and not the driver. Usually, on guilty plea, your fine is reduced. There is no need to file this ticket for trial ...
by Traffic Law
Mon Nov 08, 2010 4:45 pm
Forum: Driving While Suspended
Topic: Advice Needed
Replies: 11
Views: 3685

Re: Advice Needed

You are correct. Justice of the Peace has no authority re: demerit points, suspension (in some cases suspension is discretionary and Justice may not want to impose it.), etc. This is function of MTO. In your case suspension was mandatory by operation of the section. At the time of you entering guilty plea you should have been arrained and caution ...
by Traffic Law
Mon Nov 08, 2010 3:43 pm
Forum: Careless Driving
Topic: Careless driving: No accident. No injury. No racing...
Replies: 6
Views: 3069

Re: Careless driving: No accident. No injury. No racing...

The charge of Careless Driving issued after 01 January 2010 "must" reflect the fine of $400 and total payable of $490. All other amounts give you grounds to get the ticket quashed. There is a technical process that "must" be followed in order to get the order you seek.

Appearance in court "Will" remedy the mistake and amendment granted.
by Traffic Law
Mon Nov 08, 2010 3:39 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticketed 131 in 100 zone
Replies: 13
Views: 3781

Re: Ticketed 131 in 100 zone

First attendance is a meeting with the prosecutor. You can attempt to resolve it there. If resolution is not acceptable you can request a trial.
by Traffic Law
Mon Nov 08, 2010 3:35 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light. Failt to stop 144 (18)
Replies: 3
Views: 1969

Re: Red light. Failt to stop 144 (18)

Did the officer serve the ticket to you like that or did he amend it after service. If latter - it is a fatal error.
by Traffic Law
Thu Nov 04, 2010 4:37 pm
Forum: Failing to obey signs
Topic: Disobey sign 182(2)
Replies: 4
Views: 3297

Re: Disobey sign 182(2)

What helps is to know what are the time restrictions on the sign?

Did you drive in that lane during restricted times? If yes, then did you drive there for a distance more than 45 meters? If yes, you are correctly charged.
by Traffic Law
Thu Nov 04, 2010 4:32 pm
Forum: Improper left turn
Topic: Improper left turn
Replies: 6
Views: 2499

Re: Improper left turn

Depending on jurisdiction, prosecution might just withdraw the charge but you should be prepared to advance your argument in any event. It is better to be overprepared than not prepared at all. I suggest you read up on "motions for non suit" and "directed verdicts".

Good luck.
by Traffic Law
Thu Nov 04, 2010 4:28 pm
Forum: Failing to obey signs
Topic: Disobey sign 182(2)
Replies: 4
Views: 3297

Re: Disobey sign 182(2)

You are allowed to be in that lane for limited distance only (I believe it is 45 meters). In that area it is impractical to get to the highway due to the traffic jams. Officers are there for this reason.
by Traffic Law
Thu Nov 04, 2010 3:59 pm
Forum: Improper left turn
Topic: Improper left turn
Replies: 6
Views: 2499

Re: Improper left turn

I agree you should take this to trial. I suggest to concentrate on wrong charge being laid instead of scrutinizing actions of the truck driver (also important) or providing explanations. Keep in mind, prosecution needs to provide evidence for the allegation before you would even have to mount a defence.