Search found 162 matches

by Traffic Law
Wed Sep 22, 2010 5:58 pm
Forum: Driving While Suspended
Topic: 2nd summon, could some one explain....
Replies: 4
Views: 2048

Re: 2nd summon, could some one explain....

It is pretty common occurrence. In most situation police officer WILL issue you a new summons. Police may do so within 6 month or in case of the charges under Compulsory Insurance Act much longer.
by Traffic Law
Wed Sep 22, 2010 5:48 pm
Forum: Careless Driving
Topic: Careless Driving Rear ender
Replies: 1
Views: 2000

Re: Careless Driving Rear ender

Sounds like a "momentary inattention" case. You should have a decent case in court.
by Traffic Law
Wed Sep 22, 2010 5:45 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: help. new law that first offence = suspended lisence?
Replies: 4
Views: 2489

Re: help. new law that first offence = suspended lisence?

You should speak to a paralegal to assist you with this case. You may also attempt to get your G licence by trial time.
by Traffic Law
Wed Sep 22, 2010 5:33 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop ..... under HTA 128 ??? - COURT TODAY!
Replies: 8
Views: 4556

Re: Failure to Stop ..... under HTA 128 ??? - COURT TODAY!

I would not even go to court. If you show up and argue on motion to quash the certificate it SHOULD be amended and section changed to reflect 136(1)a. Provincial Offences Act makes provisions on these arguments.

This mistake IS fatal and winable at the APPEALS.
by Traffic Law
Fri Sep 10, 2010 5:27 pm
Forum: Failing to remain at the scene of a collision
Topic: Hitting a city sign pole
Replies: 7
Views: 9464

Re: Hitting a city sign pole

You should get professional help before you go to the set date court. Your appearance in court is not just to set another date but to give the court jurisdiction over the case. In many situations "information" does not match "summons to defendant" resulting in a conflict. In that case new summons has to be issued and the court does not have ...
by Traffic Law
Fri Sep 10, 2010 5:21 pm
Forum: Following too closely
Topic: deciding what to do
Replies: 6
Views: 3535

Re: deciding what to do

Follow too closely charge is very subjective. There are no defined distances that represent "too close". You have lots of outs on this one. You should retain professional help as the argument can get complicated.
by Traffic Law
Fri Sep 10, 2010 5:18 pm
Forum: Failing to obey the directions of a police officer
Topic: Disobey Officer directing traffic.
Replies: 10
Views: 6747

Re: Disobey Officer directing traffic.

Winable case. I could have lots of fun with this one.
by Traffic Law
Mon Aug 30, 2010 5:32 pm
Forum: Courts and Procedure
Topic: Trial is @ 2pm
Replies: 7
Views: 2290

Re: Trial is @ 2pm

It is a good practice to arrive in court 15-30 minutes before your scheduled time. This will give you an opportunity to discuss your case with prosecutor and prepare for trial.
by Traffic Law
Mon Aug 30, 2010 5:21 pm
Forum: Careless Driving
Topic: Careless driving charge (stopped at a yellow)
Replies: 8
Views: 3004

Re: Careless driving charge (stopped at a yellow)

In my opinion you did the right thing. Going through an amber light is specifficaly prohibited by s. 144.15 of the HTA. If you could stop safely than you HAD to stop on amber light otherwise you would be charged with Amber Light Fail to Stop.

In any event, Careless is a bit of a stretch in this one.
by Traffic Law
Mon Aug 30, 2010 5:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Said not challenging officer....
Replies: 1
Views: 1610

Re: Said not challenging officer....

Yes, this is deffinitely an issue. If you have sellected NOT to challenge officer's evidence he is not required to attend court. Your trial cannot proceed without the officer in this situation.

You will face have choices:
1. Ask for another date due to your misunderstanding
2. Resolve the matter with prosecution.
by Traffic Law
Mon Aug 30, 2010 5:01 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop red light
Replies: 7
Views: 3170

Re: Fail to stop red light

Provincial Offences Act can be confusing at times to an untrained individuals. It is always best to allow professionals handle court work. It would be shame if win-win situation turned out to be oops...I did not know it may turn out that way.

P.S. Look out for an amendment after service.
by Traffic Law
Mon Aug 30, 2010 4:55 pm
Forum: Failing to obey signs
Topic: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road
Replies: 29
Views: 13920

Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Interesting read. You should consult with paralegals in Mississauga. Based on your posts I assume it was officer #2448. He writes a lot of tickets in that area. You may have an argument on Appeal.
by Traffic Law
Sun Aug 08, 2010 9:49 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153km in a Posted 80km
Replies: 5
Views: 4760

Re: 153km in a Posted 80km

I always tell peoaple NOt to plead guilty unless you absolutely have to. I never had any difficulties in Caledon. You should make some choices and at least collect disclosure before you start you option.
by Traffic Law
Fri Aug 06, 2010 10:46 am
Forum: Careless Driving
Topic: Careless Driving Collision
Replies: 8
Views: 3613

Re: Careless Driving Collision

i understand that I ended up too close to the other driver

I am not suggesting that you were following too close. In light of that vehicles behavior "resanoable and prudent driver" would have taken some precautions to avoid being involved in this situation. You certainly have a defence but the question is will it be accepted in light of the ...
by Traffic Law
Thu Aug 05, 2010 4:56 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 85km/h in 50 zone
Replies: 6
Views: 2745

Re: 85km/h in 50 zone

since speeding is a strict liability offence
Respectfully diagree. Speeding is an "absolute liability offence". It is a well established fact and was ruled as such in accordance with Sault Ste. Marie test.