Search found 162 matches

I would have no problem paying the money, it's the points that I am concerned about!


My guess you are under impression that points affect your insurance rates..... I suggest you do some research to find that it is not the case. It is a biggest myth that demerit points affect your insurance premiums. Instead it is a "conviction" on your record ...

there have been recent case law developments that have seen the racing fine dismissed as being unconstitutional

In early 2010 an Ontario Court of Appeal has ruled that stunt driving law is CONSTITUTIONAL. Toronto courts are pretty tough on stunts, i suggest you seek legal representation.

I'm definitely appealing this. But I haven't seen another case like mine on here and I'm wondering if anyone has any tips and any idea if I have a chance on this one? It's basically my word against his.

Thats all you need. Get professional help.

Great example of poor police work. Sounds like you have a lot going for you there. Do not take this charge lightly and seek professional advise.

plea guilty to speeding and have driving under suspension dropped.

This will never happen. Drive Under Suspention is a lot more serious than speeding. Do not take this case lightly and obtain advise from someone competent before you make your decision.

So it will be 16 months at that point from when I got the ticket. Should I file for a stay based on lengthy delay?

Absolutely. This delay is certainly outside of the reasonable time frame. Ensure you have transcripts ordered and ready for your charter motion.

Is Fail to Remain the only charge that was issued to you?

This particulat accident is not reportable (damage does not exceed prescribed amount) but you should have remained to exchange information.

You should certainly take this allegation seriously. If you get convicted of this offence you will face 7 demerit points and serious offence on your ...

Respectfully disagree........ This mistake does not set out proper offence and the certificate should be quashed rather than amended.

Personally, I would let this ticket go FTR (fail to respond) and file an appeal to get this matter quashed.

Hello Herbert,

As we have discussed this, you have a strong chance of winning this ticket. If the date of the offence is wrong then the ticket should be quashed by the justice of the peace.

Speeding ticket is the least of your problems at this time. If you get convicted for Driving Under Suspension your licence will get suspended for another 6 months plus a hefty fine.

You may be able to argue that the mistake is misleading and may win. This argument has to be addressed at the appeal level as at trial level this error can be amended to reflect proper section number (or offence wording for that matter:)

Option 3 is the only reasonable way to go about fighting traffic tickets. All other options are NON WIN situatios.

Also, make sure you obtain disclsoure and review it before your trial date to ensure that there is actually a case against you that can be made out. Speeding defences are technical and require signifficant knowledge of the ...

I am not sure why you are thinking about the ways to change the court date or bring doctors note, etc.....

Based on the scenario you have provided you have a solid defence to the charge and should go to trial. Obtain disclosure, prepare for trial with representative or by yourself and go for it.

You should get professional representation for this charge. Taking chances with Careless Driving allegations is just not what people should do. If you are convicted of this offence your insurance premiums will increase significantly or even insurance coverage declined. If this happens you will end up in high risk category for several years.

There ...

Follow Too Closely doesn't involve measures or times

Respectfully, It is absolutely wrong!

Based on the scenario posted by Bluegirl there is a case. On this evidence I dont see how conviction can be entered. The defendant may even beat this allegation by NOT TESTIFYING AT ALL. Let the prosecution prove their case....

Regarding "following ...

Your discussions with the crown is part of attempt of resolution of this allegation. If the crown whishes to ask the Court for an amendment you should argue against it at Court.
Bottom line you believe that the offence you were charged with is wrong or does not apply to the case. The Court has to consider s. 34, 35, 36 of the POA. Govern yourself ...

Was the officer stationary or moving at the time of enforcement?

Red Light Fail to Stop applies only if you have entered the intersection when the light was displaying RED. If you have entered on an amber it is a wrong charge. Furthermore, if you entered on amber you may advance a defence and take your chances at trial.
This situation coupled with the bad weather may just work.

If you decide not to pursue a ...

Just to assist you in this: municipal prosecutor DOES NOT have a right to amend the charge. Any amendments are to be done by Court. The prosecution may ask the Court to do it but it is open to your response and arguments to the contrary.

The Court has to consider sections 34, 35 and 36 of the POA before any amendments can be done.

In your situation 141(6) is a proper section number. Section 144(6) deals with an improper STOP at the intersection.

You may still be able to resolve this matter.

I bet you I know which officer it was...

Interesting story but I have to tell you there is no "entrapment" if this even exist in traffic cases.

In your situation you may still have several arguments to advance. You should obtain disclosure and review it. This particular allegation carries 2 demerit points.

Am I correct with my assumption that I don't need to stop again once I've stopped at the stop line and am now waiting for an opportunity to get through the intersection?

You are absolutely correct. If you stopped at the white line you did not do anything wrong. You might also want to consider asking the court for an adjournment to obtain and ...

I would respectfully diagree with the chances of beating this allegation. If you were not driving the motor vehicle in question.....there is no case for the prosecution.

P.S. - Admissions or statements made by the defendant may change things.

By paying the ticket you automaticaly accept the responsibility and "will be found guilty"!

In the scenario you have put forward it appears that potentially wrong charge was laid. You should seek representation to minimize civil liability.

This allegation surely does not meet the required elements of the charge.

Careless Driving is used as a default charge way too often. In this particular case you may have several issues to be argued.

Stop Signs:

Every driver approaching a stop sign at an intersection:
a) shall stop his or her vehicle....at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, them immediately before entering the intersection

So the question is did you do what is required? If not you should consider resolution of ...

You mentioned that you have hired a paralegal. Your paralegal should be able to answer all of your questions regarding this matter (you paid for it).

Photo evidence can be tricky sometimes. Overall seems like you have a good case for trial.

You should obtain an independed legal advise to become familiar with the allegation against you. There may be issues worth arguing.

If your trial date on 1st of March and you filed the 11b application on 08 Feb'10 - YOU ARE NOT LATE.