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Claiming that others are breaking the law too does not help you at all. Nor does the speed with which you ran the stop position, you either stopped or you didn't.

Nothing you have mentioned here is going to help you in any way.

Freya wrote:Thank you Argyll.

Isn't the other driver also responsible for executing a safe turn?

Everyone has the responsibility to drive to avoid a collision but if the other driver had a green light and your father had a red then the blame will fall squarely on your father's shoulders.

If I get this right get you are not arguing a right of way situation, you are saying that the other driver made a left turn across lanes of traffic on a red light.

Your father was facing a red light and so it was his responsibility to make sure it was safe to proceed. Cars don't 'come out of nowhere'.

I think you'll find it hard to argue.

Ah, I read this as she was crossing the street and hit him at 90 degrees.

I would definitely seek out the crown and show him the letter from your insurance company...with any luck they might reconsider the charge.

If you don't ask, you don't get. Any crown I've worked with would drop the fail to surrender to save the hassle of a trial. In regards to the speeding the speed doesn't actually matter to insurance companies so it's just a matter of saving a few bucks on the fine.

It all seems a bit arbitrary. I filed a ticket with 50 written in the "set fine of" box, you know, the one with the dollar sign in it and the JP quashed it because I hadn't written 50.00 and so my 50 could have meant 50 cents.......apparently. Different judge, different day, different outcome.

I'm surprised the JP didn't quash it when it was first filed.

I think you have a good argument if there is nothing about testing and the officer says they always do it. But if they have noted they did it then I think the argument is weak at best to say that it might have failed. If it failed then that would have been noted.

If this is your first ticket I doubt it will have any impact on your insurance at all. Another one would though.

Pretty tough. The charge is a simple one - you were required to provide your licence and didn't. You can tell your story to the crown and maybe catch him/her in a good mood or hope the officer doesn't turn up to trial (rare these days but does happen) otherwise you don't have many other recourses. Depends how much your time is worth v the cost of ...

Sunset was 5:01 pm that date but was the road lit by street lights ?

Requal date is the date he was requalified on the operation of the radar unit. It's likely he clocked your speed when you were behind him before you even saw him as it was an unmarked cruiser.

You disagree on the volume of traffic. 6:41 pm on a Tuesday evening on Highway 401. I ...

The cameras are for people that run red lights. Count yourself lucky you didn't get a ticket and luckier you didn't hurt someone.

So not 500 each then......

Stinchcombe does not give you carte blanche to get anything and everything. As was said, you can request anything you want and if you don't get it then you can make your argument to the judge as to why you think you should have it.

This is, of course, assuming the OP has evidence to support his allegation.

There's also nothing that says there has to be a collision for a Careless Driving charge to be laid.

Actually I think a caution in this regard is simply the officer saying that he's cutting the driver a break and not charging with careless (which likely wouldn't stand up in court anyway). It's like if I pulled someone over for speeding and gave them a caution, ie a warning.

Certainly the Crown will run this one all the way.

A caution will just be a verbal caution roadside.

First of all this is nothing to do with the Highway Traffic Act and secondly it's being appealed.

It's not his job to make your defence for you. You didn't stop so he issued a ticket. If there's a reason you didn't stop then that is your responsibility to gather and present evidence to that.

No, there is no need for a caution. Cautions are triggered upon detention but the courts have held that traffic stop is short in nature and therefore a caution is not required.

although saying he rarely speeds doesn't necessarily mean he was speeding on that occasion

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Sounds like you got a traffic officer - no breaks no sympathy is the way they roll. Assuming you are correct that there are no problems with the ticket then you can see if the prosecutor will drop the speed, which they undoubtedly will with a clear licence. Insurance wise a reduced speed doesn't mean anything but you shouldn't see an increase for a ...

Tutoke wrote:5000 if you don't go to court.. Both times I went to court and got them down to 500 each the first one was about ten years ago and the last one was about 6 months ago. And yea they gave me a licence number the last time on the paper

I find it very hard to believe you ended up with a $500 fine for a second offence.

There is no charge for that as an owner.

Some people think that a stop has to be 3 seconds but there is no reference to that in the HTA. If you come to a stop then you have stopped regardless of if it's 0.5 second or 15 seconds. If you're braking then the signal is pretty much when your body moves backwards in the back of the driver's seat.

Why would you move into the passing lane and not stay where you were to let the other car overtake you ?

The fog will have no bearing on the case and you can't claim an emergency due to a faster vehicle behind you when you effectively make a lane change to block its ability to overtake you.

How is the prosecutor saying he couldn't speak to the insurance implications 'lying through his teeth' ?

Yes it does. Any minor tickets count. Basically he's decided that he's not willing to go from 5 to 1 ticket so he's picked one of the little ones. You either fight them all or live with the offer.