Search found 162 matches

by Traffic Law
Thu Aug 05, 2010 4:46 pm
Forum: Failing to signal
Topic: need help -unsafe lane change?
Replies: 17
Views: 21119

Re: need help -unsafe lane change?

Both of you have a defence to the charge. Section 142(1) is an interesting one and is a strict liability offence. You should speak to paralegal to assist you with these cases. I also suggest to read the charging section to see that this charge is very subjective. You can read more about <a href="http://www.ontariohighwaytrafficact.com/topic79.html ...
by Traffic Law
Thu Aug 05, 2010 4:10 pm
Forum: Careless Driving
Topic: Careless Driving Collision
Replies: 8
Views: 3613

Re: Careless Driving Collision

Based on your story it does not add up to driving with reasonable consideration to others using the highway. You have a mountain to climb. I would not be so sure that it is an easy case. At the end of the day you had other alternatives, especially, after you had an opportunity to observe unusual driving before the collision.

Would a reasonable ...
by Traffic Law
Mon Aug 02, 2010 10:10 pm
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

Your next appearance is going to be a Set Date court. On that appearance you should be given disclsoure in court (otherwise you would have to request it afterwords) and be able to set a date for your trial. I suggest you DO NOT set a date for your trial but ask for several weeks adjournment(additional time) so you could discuss your disclosure ...
by Traffic Law
Fri Jul 30, 2010 4:37 pm
Forum: Driving While Suspended
Topic: Notice of driving under suspension sent to wrong address
Replies: 4
Views: 2928

Re: Notice of driving under suspension sent to wrong address

In this case you were already found guilty and your licence is suspended for 6 month. The only way to proceed to the next step is to file an appeal. You have only 30 days to do so from the date of the conviction. If you outside of the 30 days then you have to file a motion to extend time to file an appeal.

Appeals are totally different from trial ...
by Traffic Law
Fri Jul 30, 2010 4:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: getting my ticket reduced
Replies: 2
Views: 3697

Re: getting my ticket reduced

Before you choose to plead guilty or talk to a prosecutor I suggest to consult with a professionals. You should deffinitely order disclosure and ensure that there is sufficient evidence against you.
by Traffic Law
Fri Jul 30, 2010 4:25 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light - 144(18)
Replies: 12
Views: 4153

Re: Fail to stop at red light - 144(18)

Congrats on your win.

FYI.- set fine for your offence was wrong. It should have been $260 and total payable #325. Your ticket was wrong to begin with. Set fine for this offence was changed effective 01 January 2010.

You can find more information on <a href="http://www.trafficlawparalegal.com/red_light_tickets.aspx">Red Light Tickets</a> here.
by Traffic Law
Wed Jul 28, 2010 5:19 pm
Forum: Careless Driving
Topic: Careless Driving rear-ender hydroplaned
Replies: 2
Views: 1835

Re: Careless Driving rear-ender hydroplaned

The question is did you drive according to the road/weather conditions? Rearend collisions in itself do not constitute Careless Driving.
The term "due care" has to be looked at here. Attempt to explain to your self as to why this collision occurred (besides wet road and poor driving conditions). If your answer goes along with what any other ...
by Traffic Law
Wed Jul 28, 2010 4:59 pm
Forum: Following too closely
Topic: Following too closely ticket with contact
Replies: 12
Views: 10059

Re: Following too closely ticket with contact

R. v. Ereddia, 2006 ONCJ 303, at Paragraph 6 wrote:
Careless driving, generally speaking, requires proof of a departure from the standard of care that a reasonably prudent driver would have exercised in the circumstances, and normally involves, I would think, conduct that includes other less serious Highway Traffic Act infractions.


This is ...
by Traffic Law
Wed Jul 28, 2010 4:18 pm
Forum: Improper left turn
Topic: Plea Bargain
Replies: 1
Views: 2009

Re: Plea Bargain

By the way, PM me if you want to know the specific location, offense, or the officer's name.

Let me guess......Toronto.....Downtown......Lakeshore and Young (or really close to it)....officer....5142.....starts with S......s.

Most unrepresented defendant attempt to fight their traffic tickets without full understanding on what steps need to be ...
by Traffic Law
Mon Jul 26, 2010 5:55 pm
Forum: Following too closely
Topic: Following too closely ticket with contact
Replies: 12
Views: 10059

Re: Following too closely ticket with contact

I have to disagree with the comment that Follow too closely is an included offence for Careless Driving. That is simply INCORRECT.

The test for an included offence is:

...one must necessarily commit the offence of ....... before the offence of ...........could be made out.
by Traffic Law
Wed Jul 21, 2010 4:14 pm
Forum: Following too closely
Topic: Following too closely ticket with contact
Replies: 12
Views: 10059

Re: Following too closely ticket with contact

Follow too closely tickets are very difficult to prove. I agree with Chris, competent paralegal should be able to assist you in this matter.
by Traffic Law
Thu Jul 08, 2010 10:35 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: officer's notes: what do these mean?
Replies: 2
Views: 2101

Re: officer's notes: what do these mean?

T - 120 km/hr L- 120 km/hr
P- 83 km/hr
CHAT
CWVO
T= Targeted
L= Locked
P=Patrol Speed
by Traffic Law
Thu Jul 08, 2010 10:33 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: officer's notes: what do these mean?
Replies: 2
Views: 2101

Re: officer's notes: what do these mean?

"M" and a cross is a way for the officer to note down that there was one person in the vehicle being male in the driver's seat.
by Traffic Law
Mon May 31, 2010 12:28 pm
Forum: Failing to signal
Topic: failed to signal right at stop sign.
Replies: 7
Views: 4614

Re: failed to signal right at stop sign.

Go to court and file a Notice of Intention to appear. The clerk will stamp your ticket and either issue a notice of trial on the spot or advise you that it will be mailed to you.

Good luck.
by Traffic Law
Thu May 20, 2010 5:07 pm
Forum: Careless Driving
Topic: Swerved to avoid animal then charged with Careless driving
Replies: 14
Views: 11820

Re: Swerved to avoid animal then charged with Careless driving

If you get convicted of the Careless Driving charge most insurance companies will place you in a high risk category that will cost you thousands of dollars increase in insurance premium.

Your statement will play a major role in this prosecution. However, there are defences available. You should consult with legal representative to increase your ...