Ontario Highway Traffic Act

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.