Search found 358 matches

by Zatota
Thu Jul 12, 2018 11:13 am
Forum: Red Light Camera Ticket
Topic: Charged twice for same offence?
Replies: 4
Views: 3871

Re: Charged twice for same offence?

For the red light camera offence, you would have been charged as the owner of the car, not as the driver. I don't know if that complicates matters. Call the court office and ask. If there's no way to resolve it, request a trial and show the prosecutor the ticket you received and proof you paid it. That may help.
by Zatota
Wed Jun 27, 2018 11:38 am
Forum: Careless Driving
Topic: Car Totaled - what do I do with licence plates?
Replies: 1
Views: 4936

Re: Car Totaled - what do I do with licence plates?

If you can recover them, you can return them to a Service Ontario location for a refund of the remaining term less a service fee (used to be five bucks, could be more now).
by Zatota
Tue Jun 19, 2018 9:35 pm
Forum: General Talk
Topic: 29km/h over in a 70 zone.
Replies: 1
Views: 2021

Re: 29km/h over in a 70 zone.


Today I was apparently clocked going 99km/h in a 70 zone. The officer reduced my ticket to 15km/h over. I have a few questions;

1) While the officer stated to me that I was going 29km/h over, is it possible that this number is even higher? Yes it is, but he probably gave you the actual number.


2) If I select a trial option and decide to plead ...
by Zatota
Wed Jun 06, 2018 8:39 pm
Forum: Courts and Procedure
Topic: can i use 11b
Replies: 1
Views: 2685

Re: can i use 11b

11(b) only works when the delay is caused by the courts, the justice system, etc. Once he requested an adjournment, the delay became attributed to him. He'd probably be out of luck. Take out his one-month delay and he's really toeing the line on 18 months.
by Zatota
Sun Jun 03, 2018 6:25 pm
Forum: General Talk
Topic: Suggestions for first ticket
Replies: 5
Views: 2638

Re: Suggestions for first ticket

Photocopies of registration and insurance are not sufficient. The only exception is if you have an insurance binder for a new car. A binder is a temporary certificate that is issued pending the issuance of the usual certificate. A faxed or e-mailed and printed copy of a binder will do. You should have received the original of the registration with ...
by Zatota
Sun Jun 03, 2018 6:22 pm
Forum: General Talk
Topic: turning left into plaza entrance
Replies: 3
Views: 3780

Re: turning left into plaza entrance

Yes, you're at fault. A driver who is making a left turn is required to ensure it is safe to do so. Blinding sunlight is not a defence. The fact that you tried to avoid the collision may have reduced the damage, but it won't otherwise help you.
by Zatota
Wed May 30, 2018 6:44 am
Forum: General Talk
Topic: Drive motor vehicle no license
Replies: 3
Views: 2861

Re: Drive motor vehicle no license

A car rental agency in Iceland is not likely to know the difference between a G and an M (or, in your case, M2). Regardless, class G refers to cars, so that wouldn't have been an issue.

An M2 is valid for a minimum of 22 months and a maximum of five years. If you don't pass the road test to upgrade to full M, your M2 will expire. It's easy to ...
by Zatota
Sun May 27, 2018 8:12 am
Forum: General Talk
Topic: Speeding ticket for going 60km in 50km zone. Worried about insurance increase :(
Replies: 6
Views: 6338

Re: Speeding ticket for going 60km in 50km zone. Worried about insurance increase :(

So you're saying there will be an opportunity to just go and pay the ticket as if I never asked for a trial? Yes. You can plead guilty right up until the time the clerk asks you how you plead.

Won't the prosecutor/judge question that and raise/add fines for their trouble? No. Because you've avoided the trial, there's no "trouble."

can I get a ...
by Zatota
Thu May 24, 2018 6:00 am
Forum: General Talk
Topic: Speeding ticket for going 60km in 50km zone. Worried about insurance increase :(
Replies: 6
Views: 6338

Re: Speeding ticket for going 60km in 50km zone. Worried about insurance increase :(

10 km/h over the limit is a minor offence. Some insurance companies will not increase premiums for one ticket in a certain number of years. Others will increase them a little. You could always ask your insurer or your broker if you want to know for sure.

If you received a ticket at only 10 clicks over the limit, I'm guessing you were actually ...
by Zatota
Wed May 16, 2018 2:38 pm
Forum: Failing to stop for a school bus
Topic: Half way stopped for school bus :(
Replies: 7
Views: 7102

Re: Half way stopped for school bus :(

admin wrote: Wed May 16, 2018 11:58 amObviously. The law states ONLY if the lights are on and clearly marked. If not why would you even consider stopping, it would not make sense.
If I see a stopped school bus in or close to a school zone, I'll usually slow down in case the driver doesn't check for traffic before putting the lights on. I'd rather be able to stop if necessary.
by Zatota
Wed May 16, 2018 6:59 am
Forum: Hand-held devices
Topic: Hand- held device ticket- help
Replies: 8
Views: 6120

Re: Hand- held device ticket- help

Exemptions, etc., are governed by O. Reg. 366/09. Subsection 14(1) of that Regulation states:


Exemption for Pressing Buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two ...
by Zatota
Sat May 12, 2018 4:51 pm
Forum: Driving While Suspended
Topic: Driving No License Please Help!!!
Replies: 3
Views: 4189

Re: Driving No License Please Help!!!

You should have received a renewal notice in the mail. Sadly, not receiving it is not a valid defence, but receiving it serves as a helpful reminder. I think a lot of us would forget about renewing our licences otherwise.

If you can find a compassionate prosecutor, maybe he or she would consider reducing the charge to failing to show your licence ...
by Zatota
Sat Apr 28, 2018 6:34 pm
Forum: Hand-held devices
Topic: Falsely Charged with a hand held ticket.
Replies: 9
Views: 6077

Re: Falsely Charged with a hand held ticket.


I could be wrong but doesn't the ticket need to say "Highway traffic act of Ontario" i know someone who got a ticket thrown out because, like yours it only said "Highway traffic act"
No, the ticket does not need to say "Highway Traffic Act of Ontario." In fact, on handwritten tickets, officers typically use the abbreviation HTA.
by Zatota
Tue Apr 24, 2018 7:47 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her


Got a call from my Insurance lawyer saying that they have been hired by my insurance company to deal with this matter. They told me that they are suing for more then the $1 mill coverage that insurance companies provide and that if they win I will have to pay the difference out of my own pocket. I think they wanted to go for like $2 mill or ...
by Zatota
Tue Apr 24, 2018 7:44 pm
Forum: Hand-held devices
Topic: Falsely Charged with a hand held ticket.
Replies: 9
Views: 6077

Re: Falsely Charged with a hand held ticket.


The police officer is going to testify that you were holding it. It may come down to a he said / she said situation.
That could well be. But, absent details of the phone in the disclosure, the OP may be able to cross-examine the officer successfully. If the officer cannot reasonably describe the phone, what proof is there that the device that ...
by Zatota
Mon Apr 16, 2018 11:38 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her


Yeah I already contacted my insurance company and they said they are going to take care of it. So at this point I can't really do anything since it is in the insurance hands now.
Regardless, make sure someone files a defence for you. You don't want this woman obtaining default judgement against you. That could expose you to enforcement action ...
by Zatota
Sun Apr 15, 2018 6:44 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Incorrect use of Carpool lane(HOV) Please help!
Replies: 1
Views: 4021

Re: Incorrect use of Carpool lane(HOV) Please help!

There are three ways to avoid the demerit points: be acquitted at trial (not likely to happen), have the prosecutor withdraw the charge (not likely to happen) or plead guilty to a related offence that does not carry demerit points. While the prosecutor and JP can reduce a fine, no one can affect demerit points; they are applied by the Ministry of ...
by Zatota
Sun Apr 15, 2018 6:35 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

argyll wrote: Sun Apr 15, 2018 3:42 am Why are you dealing with this ? Surely this is between her and your insurance company.
For now, he has no choice. He has to respond to the claim. There are options, such as notifying the insurance company, filing a cross-claim against the insurance company, etc., but because she sued him, he still needs to deal with it.
by Zatota
Sun Apr 15, 2018 6:34 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her


yeah lists the parties which is me and the lady and has a stamp that says the superior court of justice and a signature with the ministry of attorney generals address. Everything else is just the technical jargon that she wants to steal my insurance money
You need to figure out which level and which court it is, as you'll have to file a defence ...
by Zatota
Sat Apr 14, 2018 4:13 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

The court office will be shown on either the first or second page. There's probably a "cover" page that lists the parties and shows the court.
by Zatota
Sat Apr 14, 2018 4:11 pm
Forum: Red Light Camera Ticket
Topic: Red Light on Left Turn
Replies: 1
Views: 3885

Re: Red Light on Left Turn

Unless a police officer saw you and pulled you over, no.
by Zatota
Thu Apr 12, 2018 6:26 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

You'll have the opportunity to cross-examine her over the inconsistencies. Of particular note, you'll be able to go after the fact that she told the officer she'd been released from hospital without injury. She'll have to show that she actually has a hospital record. You may have to summon the officer to get him to testify as to what she said.

I ...
by Zatota
Wed Apr 11, 2018 6:29 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

There is no date on the first page. On the second page says March 29, 2018 which is 3 days before the 2 year mark.

is there a reason why they would wait to the last second?
Some people just like doing that. My guess is she wasn't really injured and figured she'd give it one more try just before the deadline. The reference to her having told ...
by Zatota
Wed Apr 11, 2018 7:18 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act:

193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus ...
by Zatota
Wed Apr 11, 2018 7:15 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

I first got a letter from her lawyer and then a few weeks later I got served with an actual claim however it did not include any documentation such as hospital discharge records. However the police report I received back when I was fighting the charges says that she was released from the hospital with no injuries.

The event occurred on April, 2 ...
by Zatota
Mon Apr 09, 2018 10:09 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71365

Re: careless driving because pedestrian claims my car hit her

It sucks that this thing has come back to life. The fact that she has switched law firms is completely irrelevant. She may have found a different firm she prefers. Also, the fact she did not show up for your trial is likely irrelevant. Of course, if a lawsuit ever goes to trial, you or your representative can question her about why she didn't show ...
by Zatota
Wed Apr 04, 2018 9:27 pm
Forum: General Talk
Topic: Introducing evidence to court, researching the law
Replies: 18
Views: 8110

Re: Introducing evidence to court

You won't get any of that. There have been several court rulings that state that the radar manual, officer's training records, testing procedure, etc., do not have to be disclosed. I've heard that the officer's notes no longer even need to show the time at which he/she did his/her start- and end-of-shift tests; all that's required now is that the ...
by Zatota
Sun Apr 01, 2018 3:48 pm
Forum: General Talk
Topic: Novice Driver BAC above zero G2
Replies: 6
Views: 6446

Re: BAC >0 G2 and more.


Consider the situation, i rarely drink. like once every few months due to special occasions as this was one of them being my friends birthday. I was the "designated driver" held responsible and just took few sips to celebrate in the moment. As soon as the party shutdown we had to leave and I was perfectly fine to drive just a block away to home ...
by Zatota
Fri Mar 30, 2018 1:10 am
Forum: Stunt Driving
Topic: Reviewing Disclosure for Stunt Driving Ticket
Replies: 11
Views: 9692

Re: Reviewing Disclosure for Stunt Driving Ticket

What I meant was whether you'd asked the prosecutor if he'd be willing to reduce the ticket to 49 over in exchange for a guilty plea. If the prosecutor doesn't offer it, there's nothing wrong with asking for it. The worst that can happen is the prosecutor says no.

There's still one benefit to retaining a paralegal, despite the fees. If the ...
by Zatota
Thu Mar 29, 2018 12:02 am
Forum: General Talk
Topic: Borla ATAK to loud? Borla ATAK catback exhausts
Replies: 5
Views: 3563

Re: Borla ATAK to loud? catback exhausts


THe whole purpose of a muffler is to minimize noise...think of it this way...imagine we are talking about farts...some people like the smell of their own farts, some might might even like the smell of others farts, but if we had fart laws, it would be to protect the overwhelming majority of people who hate farts smells...and while some think it's ...