Search found 121 matches

by Whenaxis
Mon Apr 03, 2017 8:35 pm
Forum: Improper left turn
Topic: Question about fault: Failure to avoid a collision?
Replies: 5
Views: 4541

Re: Question about fault: Failure to avoid a collision?

Unfortunately, in accordance with section 16(4) of R.R.O. 1990, Reg. 668: Fault Determination Rules, your daughter would be 100% at fault (where your daughter is automobile "A" and the other driver is automobile "B"):
16.(4) If automobile "A" is leaving a parking space and fails to yield the right of way to automobile "B" on a feeder lane or a ...
by Whenaxis
Sun Mar 26, 2017 5:36 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 47km/h over - First Offense
Replies: 9
Views: 4391

Re: Speeding 47km/h over - First Offense

You can submit a disclosure request to the prosecutor's office at the courthouse that you filed your ticket.
by Whenaxis
Mon Mar 06, 2017 8:49 pm
Forum: General Talk
Topic: Failure to Obey Sign (182 (2)
Replies: 3
Views: 1999

Re: Failure to Obey Sign (182 (2)

If the court was just relying on the officer's testimony, this approach may work.

But you mentioned that there is a DVD. If this is shown in court, this will still clearly show you committing the offence despite casting doubt on the officer's testimony.

I would still try the approach mentioned by Zatota.

But I would look further. For example, I ...
by Whenaxis
Mon Mar 06, 2017 7:59 pm
Forum: Failing to obey signs
Topic: Disobey Sign HTA 182(2) - No Straight Through Intersection
Replies: 15
Views: 14114

Re: Disobey Sign HTA 182(2) - No Straight Through Intersecti

Congratulations! Thank you for coming back to share with us!
by Whenaxis
Fri Mar 03, 2017 12:28 pm
Forum: General Talk
Topic: A question about disclosure
Replies: 7
Views: 2645

Re: A question about disclosure

You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.
by Whenaxis
Tue Feb 28, 2017 1:00 pm
Forum: General Talk
Topic: dash cam
Replies: 14
Views: 3646

Re: dash cam

I would think that the officer would need a warrant to seize the dashcam (or to look through the data), unless you voluntarily give it to them.

I'm not entirely sure, but I think if they charge you with a criminal offence (i.e. dangerous driving, impaired driving) and arrest/detain you, then I believe that they can search and seize items in your ...
by Whenaxis
Tue Feb 28, 2017 12:47 pm
Forum: Hand-held devices
Topic: Received Notice of Trial - need advice on next step
Replies: 24
Views: 7425

Re: Received Notice of Trial - need advice on next step

You can refer to the case that I referenced in my post (http://www.trafficticketfighters.ca/wp- ... -phone.pdf) to see that it is possible to cast doubt on whether or not it is a phone even with clear evidence from the officer saying that it is a cell phone.
by Whenaxis
Tue Feb 28, 2017 2:05 am
Forum: General Talk
Topic: Speeding ticket - court in 10 days
Replies: 7
Views: 3764

Re: Speeding ticket - court in 10 days

Based on the information that you provided, I believe that you were charged with going 20km/h over the speed limit (100km/h in 80km/h) which carries 3 demerit points with it. Be aware that $95 is the set fine ($75 + $5 court fees + $15 victim surcharge). This amount will increase if you are convicted at trial based on a formula set in section 128 ...
by Whenaxis
Mon Feb 27, 2017 6:30 pm
Forum: Hand-held devices
Topic: Received Notice of Trial - need advice on next step
Replies: 24
Views: 7425

Re: Received Notice of Trial - need advice on next step

I'm going to quote what I said on a similar post for driving with handheld device:

Although it may be difficult to successfully dispute this ticket, the prosecution still needs to prove the essential elements of the offence which is usually done by the officer's testimony. In cross-examination, it is possible to bring one or more of these ...
by Whenaxis
Thu Feb 23, 2017 10:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
Replies: 22
Views: 8720

Re: Failure to surrender insurance card in dealership loaner

If you had a ticket with Option 2: Early Resolution Meeting with Prosecutor, then that's how you would get a meeting to discuss the possible resolution of your matter.

If this was not an option on your ticket, then early resolution may not be available in your area. Alternatively, in some areas, you request an early resolution meeting after ...
by Whenaxis
Fri Feb 17, 2017 11:26 pm
Forum: General Talk
Topic: Incorrect street of offence
Replies: 8
Views: 2472

Re: Incorrect street of offence

The ticket is still valid.

There is no error in simply saying "Highway 401".

Even if it were to be considered an error, it is insignificant and it would not affect your ability to prepare a defence. It is still clear where the offence allegedly took place and the jurisdiction.
by Whenaxis
Wed Feb 15, 2017 4:06 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 53743

Re: careless driving because pedestrian claims my car hit he

OTD Legal wrote:A quashed or withdrawn offence can still be reserved within the appropriate period of reservice.
Yes, you can be served again with a summons up to 6 months after the date of the offence, which is the limitation period provided by the Provincial Offences Act.
by Whenaxis
Wed Feb 15, 2017 11:43 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 53743

Re: careless driving because pedestrian claims my car hit he

In the past, I've just sent in a letter (by mail or fax) to the courthouse - something along the lines of what I attached below.

Dismissed:
A justice can dismiss a charge if:
- the prosecution does not appear at trial
- the prosecution offers no evidence or insufficient evidence at trial
- the defendant is found not guilty at trial

Withdrawn ...
by Whenaxis
Tue Feb 14, 2017 9:18 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 53743

Re: careless driving because pedestrian claims my car hit he

Yes, you can request a transcript of the hearing. The transcript will likely be short and not cost very much money.

Alternatively, you can request for a "minute" from the court in accordance with section 62 of the Provincial Offences Act :
" Minute of conviction
62. Where a court convicts a defendant or dismisses a charge, a minute of the ...
by Whenaxis
Mon Feb 13, 2017 9:25 pm
Forum: General Talk
Topic: 4 Way Intersection with 3 Stop Signs? (Parking Lot)
Replies: 5
Views: 2675

Re: 4 Way Intersection with 3 Stop Signs? (Parking Lot)

Ignore my previous post. The section of the Highway Traffic Act would not apply in this situation.

It just seems to be a poorly constructed "intersection" within a parking lot. The side with no stop sign is just a parking row, so it is implied that the drivers coming from that direction should yield, similar to how there is no stop sign at every ...