Search found 121 matches

by Whenaxis
Fri Jan 05, 2018 10:08 am
Forum: Driver failing to wear a seat belt
Topic: Fight driver no seatbelt ticket with due diligence defence
Replies: 21
Views: 12891

Re: Fight driver no seatbelt ticket with due diligence defen

Congratulations! I think that's a very good result nonetheless. Came in with two tickets, left with none.
by Whenaxis
Thu Jan 04, 2018 8:29 am
Forum: Driver failing to wear a seat belt
Topic: Fight driver no seatbelt ticket with due diligence defence
Replies: 21
Views: 12891

Re: Fight driver no seatbelt ticket with due diligence defen

Talking to the prosecutor beforehand is definitely one route as highwaystar has suggested. But from previous experience, I know that prosecutors really don't want to hear any of it before the trial. They just want to know if you're pleading guilty or not guilty, and whether they can make a deal with you. As soon as you start talking about why you ...
by Whenaxis
Wed Jan 03, 2018 7:46 pm
Forum: Driver failing to wear a seat belt
Topic: Fight driver no seatbelt ticket with due diligence defence
Replies: 21
Views: 12891

Re: Fight driver no seatbelt ticket with due diligence defen

I agree with Stanton - the Wilson case is an excellent example to look at, it's the authoritative case in Ontario for an offence under s.106(2) "Driver fail to properly wear seat belt"

That brings me to a question... did you get charged under s. 106(1) "Drive with seat belt removed" or s. 106(2) because there is a significant difference:
s. 106(1 ...
by Whenaxis
Tue Jan 02, 2018 10:31 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop
Replies: 2
Views: 5009

Re: Failure to stop

I'm going to offer a slightly different perspective here from recent experience.

1) At early resolution or before trial, you may be offered a deal for "disobey sign" under section 182 of the Highway Traffic Act, which is 2 demerit points compared to 3 for disobey stop sign (there's really no difference for insurance purposes, it's still a minor ...
by Whenaxis
Fri Dec 29, 2017 3:54 pm
Forum: Careless Driving
Topic: Careless Driving Ticket Advice
Replies: 4
Views: 4272

Re: Careless Driving Ticket Advice

In addition to insurance rates going up as bend said, beware that a careless driving conviction will also result in 6 demerit points being assessed on your record. Or, I noticed you said you're 19, if you have a G1 or G2 licence, a careless driving conviction is an automatic 30 day licence suspension.

It's probably a good idea to get a paralegal ...
by Whenaxis
Sat Dec 23, 2017 9:32 am
Forum: Improper use of high occupancy vehicle lane
Topic: Got a ticket for "Improper Use of High Occupancy Lane
Replies: 5
Views: 7281

Re: Got a ticket for "Improper Use of High Occupancy Lane

HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.

Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.

Read the regulation and educate yourself ...
by Whenaxis
Sat Dec 16, 2017 12:13 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got a ticket for "Improper Use of High Occupancy Lane
Replies: 5
Views: 7281

Re: Got a ticket for "Improper Use of High Occupancy Lane

If you pay the ticket or plead guilty, a conviction will be registered on your driving record. For this particular offence, there is also 3 demerit points associated with it.

For insurance purposes, this is considered a minor conviction. It may or may not affect your insurance, depending on your policy. You may see a slight increase in your ...
by Whenaxis
Fri Dec 15, 2017 9:51 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got a ticket for "Improper Use of High Occupancy Lane
Replies: 5
Views: 7281

Re: Got a ticket for "Improper Use of High Occupancy Lane

Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all.

And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights.

But I think it's important to point out that ...
by Whenaxis
Wed Dec 13, 2017 8:44 pm
Forum: General Talk
Topic: Is the speed limit an integral part of the offence?
Replies: 3
Views: 2853

Re: Is the speed limit an integral part of the offence?

Yes, the officer would need to testify about the posted speed limit. He would simply say "the posted speed limit was 60".

If you can show that the speed limit was 80, the prosecutor can ask for the ticket to be amended to 82km/h in a 80km/h zone. The prosecutor also has the choice of asking for a directed verdict to dismiss the case if the trial ...
by Whenaxis
Wed Dec 13, 2017 3:59 pm
Forum: General Talk
Topic: Are Toronto airport roads a "Highway" ?
Replies: 1
Views: 1674

Re: Are Toronto airport roads a "Highway" ?

I believe airport roads are governed by the Airport Traffic Regulations, C.R.C., c. 886 under the Government Property Traffic Act and Department of Transport Act.

http://laws-lois.justice.gc.ca/eng/regu ... lText.html
by Whenaxis
Tue Dec 12, 2017 6:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Does York Regional Police Have Resolution Meetings?
Replies: 1
Views: 3226

Re: Does York Regional Police Have Resolution Meetings?

York Region no longer provides early resolution meetings.

You can request a trial (Option #3) and on the day of your trial, the prosecutor will offer the same deal as you would have received at an early resolution meeting.

As your ticket is already reduced, the prosecutor may be more reluctant to offer you a deal.

In York Region, they typically ...
by Whenaxis
Fri Nov 24, 2017 2:11 pm
Forum: General Talk
Topic: Race Motor Vehicle
Replies: 2
Views: 2675

Re: Race Motor Vehicle

I believe you've been charged under section 172 of the Highway Traffic Act.

This is one of the more serious charges. You may want to consider finding a paralegal or lawyer, rather than fighting it yourself. Or accept a plea deal to a lesser charge on your summons date.

If convicted, you will face a fine of $2,000 to $10,000 or up to 6 months ...
by Whenaxis
Fri Jul 28, 2017 11:20 am
Forum: General Talk
Topic: Ticket Fighters: Beware
Replies: 5
Views: 2390

Ticket Fighters: Beware

Beware ticket fighters.

For those of you like me, who like to fight tickets as a hobby for family members or friends,

One of the prosecutors I dealt with for my friend's ticket, he filed a complaint with the Law Society of Upper Canada (LSUC) that I was providing legal services without a licence and the LSUC sent me a cease and desist order, even ...
by Whenaxis
Mon Jul 24, 2017 11:04 am
Forum: Careless Driving
Topic: Careless charge
Replies: 9
Views: 4716

Re: Careless charge

"Careless driving" tends to be a catch-all offence when an accident happens and the police don't really know what section of the Highway Traffic Act to charge you with.

Did you receive an offence notice or a summons?
by Whenaxis
Thu Jul 20, 2017 11:47 pm
Forum: General Talk
Topic: I missed my Early Resolution Meeting, what should I do?
Replies: 3
Views: 7654

Re: I missed my Early Resolution Meeting, what should I do?

You will either get a conviction notice in the mail or you will not hear anything.

If you get a conviction notice, you can go to the court and apply for a reopening.

If you do not hear anything, that means a justice of the peace quashed the ticket due to an unfixable error on the ticket.