Search found 1400 matches

by bend
Thu Jun 27, 2019 12:11 am
Forum: Improper left turn
Topic: Left turn not in safety charge after an accident.
Replies: 6
Views: 6012

Re: Left turn not in safety charge after an accident.

That is not a Highway Traffic Act case. It's a negligence case between two families and the insurance company involving multiple factors. Along with an obstructed view, the occupants were drunk and the car was travelling 100km in a 50km zone.

... Even with his knowledge of the intersection he had no reason or obligation to anticipate that a car ...
by bend
Wed Jun 26, 2019 1:24 pm
Forum: Improper left turn
Topic: Left turn not in safety charge after an accident.
Replies: 6
Views: 6012

Re: Left turn not in safety charge after an accident.

You can take anything to trial. If you're asking whether or not you're at fault, you are. What you've described is not a defense.

This is a common situation for accidents.

Since you're turning, the onus is on you to do so safely. It's not up to the "impatient" driver with the right of way to adjust their driving to accommodate a turning vehicle ...
by bend
Thu Jun 20, 2019 5:30 am
Forum: General Talk
Topic: Traffic laws when in public school parking lots
Replies: 2
Views: 16747

Re: Traffic laws when in public school parking lots

These are not necessarily Highway Traffic Act issues.

While on any Ontario highway, an officer can stop you and ask for license, insurance, and permit any time they want.

A school parking lot in practically every case will be considered private property. What that means is the Highway Traffic Act doesn't apply. However, that doesn't mean private ...
by bend
Wed Jun 19, 2019 10:58 pm
Forum: Hand-held devices
Topic: Hand-held device falsely accused. Was working with my cars transmission settings.
Replies: 1
Views: 2448

Re: Hand-held device falsely accused. Was working with my cars transmission settings.

If this is something you'd like to take to trial, you can do so by selecting the appropriate option on the back and attending the courthouse. They'll give you a simple single sheet form to fill out (Notice of Intention to Appear). You can even download it online , fill it out, and submit it then and there to save you a couple minutes.

You'll wait ...
by bend
Tue Jun 11, 2019 2:45 am
Forum: General Talk
Topic: How long is too long to wait for a trial? *Hand held device*
Replies: 16
Views: 9532

Re: How long is too long to wait for a trial? *Hand held device*

Unless something has changed, around 18 months.
by bend
Thu Jun 06, 2019 12:11 am
Forum: Careless Driving
Topic: Careless driving charge for rear ending someone
Replies: 2
Views: 5479

Re: Careless driving charge for rear ending someone

You are responsible for the vehicles ahead of you. You will be at fault almost every single time. Even those instances that you wouldn't be, they are almost impossible to prove.

However, this isn't one of those instances. You keep talking about scanning the left lanes of traffic, not the signal. I'm going to guess there is no advance right turn ...
by bend
Wed Jun 05, 2019 5:24 am
Forum: General Talk
Topic: June 18 Careless Driving Trial - Still no Disclosure Received
Replies: 1
Views: 2546

Re: June 18 Careless Driving Trial - Still no Disclosure Received


First, I've read that I could effectively win the case on a technicality if by the date of the trial I have not received disclosure, is this true?


No, because more than likely, you'll receive your disclosure package the day of your trial. They'll probably give you a new date and you'll have to go through the hassle of showing up again. You can ...
by bend
Tue May 21, 2019 4:45 pm
Forum: Careless Driving
Topic: Fight or Not, what's the right thing to do please?
Replies: 1
Views: 3819

Re: Fight or Not, what's the right thing to do please?

You're at fault for the accident. You had the stop, the other driver didn't. You pulled in front of them. I get it. Almost no one who has an accident wants to admit fault. However, your defense isn't a defense. Just because you've come to the conclusion that there is a speeding problem on that street doesn't prove anything. If I live in a ...
by bend
Fri May 17, 2019 1:28 pm
Forum: Stunt Driving
Topic: 52 km/hr over driving on the 401 in January 2019
Replies: 7
Views: 4960

Re: 52 km/hr over driving on the 401 in January 2019

If you missed your court date, you would have been convicted. You'll have to ask that the trial be reopened. I believe you have something like 15 days to do so.

This could open a whole can of worms with the MTO. You should probably keep tabs on your license and its status. There's a possibility that it could be suspended at any time.
by bend
Mon May 13, 2019 7:41 pm
Forum: Driving While Suspended
Topic: Summons issued 5 days after alleged offence? Is this legal?
Replies: 2
Views: 3580

Re: Summons issued 5 days after alleged offence? Is this legal?

An officer has 6 months to lay a charge.

Sure, pulling over the vehicle is more common, but I don't see why it wouldn't be enough for a possible conviction if the officer could identify the individual behind the wheel.

There are scenarios where pulling over a vehicle isn't realistic for whatever reason (e.g. risking the safety of the public just ...
by bend
Mon May 13, 2019 1:03 pm
Forum: Failing to stop for a school bus
Topic: Turning right in front of stopped school bus
Replies: 2
Views: 6156

Re: Turning right in front of stopped school bus

It's fine. The two vehicles never meet.
by bend
Sun May 05, 2019 12:57 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Warning Signage Legislation?
Replies: 5
Views: 9188

Re: Red Light Camera Warning Signage Legislation?


I'm sure there is legislation that states a red light camera must have a warning sign prior to it, as every red light camera has one, and I've seen a news article reference said legislation, however they were not specific enough. Have checked the HTA, found nothing on the subject, didn't expect to find anything in there.



There is no legal ...
by bend
Wed May 01, 2019 1:16 am
Forum: General Talk
Topic: Called to pay speeding ticket and was told they didn't have it on file.
Replies: 3
Views: 2845

Re: Called to pay speeding ticket and was told they didn't have it on file.

They have 7 days to file the ticket.

They have 6 months from the date of offense to charge you. If they want, they can just rewrite another ticket, give it to you, and file that.

However, the chances of them further pursuing a 15km over ticket is usually slim. In Northern Ontario though, who knows.
by bend
Sat Apr 20, 2019 10:17 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Operating a vehicle while having marijuana accessible ticket
Replies: 2
Views: 5653

Re: Operating a vehicle while having marijuana accessible ticket

These are the new rules they made to coincide with the legalization of cannabis. They are basically the laws for alcohol, except for cannabis. You should be transporting your weed exactly like alcohol because the rules are pretty identical.

Transporting cannabis
12 (1) No person shall drive or have the care or control of a vehicle or boat ...
by bend
Mon Apr 15, 2019 11:44 am
Forum: Criminal Offences
Topic: I was involved in a major accident and i don't know if I will be charged or not.
Replies: 10
Views: 4640

Re: I was involved in a major accident and i don't know if I will be charged or not.

Agreed. If you have an advance green and witnesses can verify that, then I wouldn't expect anything to come from this.

If you have a green and are waiting in the intersection to make a left, the light turns red, you proceed to complete your turn, and someone tries to squeeze through the signals, then it can be a whole can of worms where you can be ...
by bend
Fri Apr 12, 2019 9:17 am
Forum: Criminal Offences
Topic: I was involved in a major accident and i don't know if I will be charged or not.
Replies: 10
Views: 4640

Re: I was involved in a major accident and i don't know if I will be charged or not.

It's hard to tell what happened because your explanation isn't clear. If you're waiting to make a left, turn, and someone in the through lane hits you, then you're likely to be seen as the one at fault almost every single time.

It's called turn not in safety. The onus is on the driver in your position to only turn when it is safe to do so, to ...
by bend
Fri Apr 05, 2019 3:49 am
Forum: Stunt Driving
Topic: RECEIVED A STUNT DRIVING TICKET SEC 172 For not speeding
Replies: 2
Views: 4692

Re: RECEIVED A STUNT DRIVING TICKET SEC 172 For not speeding

There's obviously a lot more to this story so it's hard to give you any specific answers.

Stunt driving isn't just speeding. There's a ton of activities that are considered a stunt.

They are the following:


Definition, "stunt"
3. For the purposes of section 172 of the Act, "stunt" includes any activity where one or more persons engage in any ...
by bend
Tue Apr 02, 2019 7:44 pm
Forum: Careless Driving
Topic: Received summons for careless Driving - What do I do?
Replies: 1
Views: 3843

Re: Received summons for careless Driving - What do I do?

Get used to the idea that your license will be suspended.

Both are suspendable offenses for your driving class. I don't believe there is any leeway for breaking one of the conditions on your license. Either that person was a fully licensed driver or not, and it's not something you can really make an argument on.

You are also considered a novice ...
by bend
Wed Mar 27, 2019 11:33 pm
Forum: Stunt Driving
Topic: 52 km/hr over driving on the 401 in January 2019
Replies: 7
Views: 4960

Re: 52 km/hr over driving on the 401 in January 2019

Officer isn't required to show you any readings roadside.

Your deal is pretty standard. In term of deals, It's either drop the stunt and charge you according to the speed or they drop the speed down to 49. The higher the speed, the less likely you are to receive much of anything.

If that's what they were willing to offer, I don't know if i'd ...
by bend
Mon Mar 25, 2019 2:16 pm
Forum: Improper passing
Topic: Trial strategy for Pass Off Roadway HTA 150(2)
Replies: 3
Views: 3525

Re: Trial strategy for Pass Off Roadway HTA 150(2)


As an aside my other thought would be to pursue a safety angle that I made the pass because A) the unexpected change of car stopping necessitated me passing on right to avoid rear ending them or B) in a vehicle sitting higher up than the car I could see oncoming vehicle and was worried of a pending collision that would push turning vehicle into ...
by bend
Fri Mar 22, 2019 5:18 am
Forum: Failing to obey signs
Topic: Advice needed - Disobey Sign (Illegal U-turn)
Replies: 8
Views: 6410

Re: Advice needed - Disobey Sign (Illegal U-turn)

That's something you have to decide. Everyone has their own situation. Not everyone has the luxury of missing work, finding child care, having transportation, or whatever the reason may be.

You certainly have nothing to lose. Worst case scenario, you can always plead guilty when you show up. There's no harm in attending if you have the spare time ...
by bend
Tue Mar 19, 2019 10:55 pm
Forum: Hand-held devices
Topic: Transport driver ticketed for using two-way radio
Replies: 4
Views: 3524

Re: Transport driver ticketed for using two-way radio

Decatur put it best.

Two way radios are defined. Make sure you fall into that definition.

"two-way radio" means a wireless communication device, consisting of a main receiver unit and a separate hand-held microphone, that is operated by a push-to-talk function on a set frequency and that allows for voice communication but not for the ...
by bend
Sat Mar 16, 2019 4:55 am
Forum: Hand-held devices
Topic: Transport driver ticketed for using two-way radio
Replies: 4
Views: 3524

Re: Transport driver ticketed for using two-way radio

Do you need representation for this type of situation? It depends.

Normally, I'd probably say no. However, your livelihood probably relies on a clean driving abstract. It might help to have someone who knows the ins and outs of a courtroom who is not going to be fumbling around. In that case, is the $900 worth it?

If you want to give it a go, you ...
by bend
Fri Mar 15, 2019 12:44 am
Forum: General Talk
Topic: Caught running a red light by a red light camera. Which is better option 1 to go trial or option 2 for early resolution
Replies: 1
Views: 6032

Re: Caught running a red light by a red light camera. Which is better option 1 to go trial or option 2 for early resolution

Choose an early resolution and see if you can have the fine reduced. That is, if it's worth it to you. You might save $100 or so.

No, they do not impact insurance. They are glorified parking tickets.
by bend
Thu Mar 14, 2019 2:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 73km on 50 km zone and Fail to surrender permit of a vehicle
Replies: 1
Views: 3831

Re: Speeding 73km on 50 km zone and Fail to surrender permit of a vehicle

You can't remove points. They have nothing to do with the points. They can reduce the charge, which may reduce the points based on the new charge.

If you show up with your vehicle permit, they might drop that charge if you plead guilty to the speeding.

Not providing your permit roadside will affect your insurance just as much as the speeding ...
by bend
Sat Mar 09, 2019 5:09 pm
Forum: Failing to obey signs
Topic: Fail to OBEY lane sign - right turn ticket by OPP
Replies: 1
Views: 4232

Re: Fail to OBEY lane sign - right turn ticket by OPP

Your post is like many others.

"I got a ticket. I can't have this ticket follow me. How do I get rid of it?"

At the end of the day, there is no secret hand shake. In most cases, you either have a defense or you don't. Don't expect the officer to not show up and don't expect your charge to simply fall through the cracks.

You have scheduled an ...
by bend
Sat Mar 02, 2019 1:43 pm
Forum: Stunt Driving
Topic: Got charged for stunt driving? Confused! (Should've been improper left turn...)
Replies: 4
Views: 4809

Re: Got charged for stunt driving? Confused! (Should've been improper left turn...)

You say one thing, the officer clearly thinks another. You want to know why the officer charged you with stunt driving. Nobody here can provide those answers.

You should probably start by making a disclosure request. This way you know exactly why you were charged instead of just guessing. Every municipality will provide you with a generic ...
by bend
Sat Feb 23, 2019 4:58 pm
Forum: Failing to obey signs
Topic: Advice needed - Disobey Sign (Illegal U-turn)
Replies: 8
Views: 6410

Re: Advice needed - Disobey Sign (Illegal U-turn)

Points are automatically added by the Ministry upon receiving your conviction. Nobody before that has anything to do with points. So they answer would be no.

Points are rather worthless anyways. They disappear 2 years from the day you were charged. Nobody cares about points other than the Ministry. It's the conviction that really matters to the ...
by bend
Fri Feb 22, 2019 4:03 am
Forum: Hand-held devices
Topic: Driving with Handheld Device ticket (Cellphone) - Need Advice HTA 78.1
Replies: 3
Views: 8575

Re: Driving with Handheld Device ticket (Cellphone) - Need Advice HTA 78.1


1) Early resolution and meet with a prosecutor: If I go this route, would they consider dropping my tint charge if I plead guilty to the cellphone charge? Or does early resolution automatically mean I plead guilty to all the charges? Would they budge AT ALL with the cellphone charge if I describe my financial situation?

I was giving you a best ...
by bend
Thu Feb 21, 2019 11:05 pm
Forum: General Talk
Topic: Procedural Question - When (if?) motion to dismiss based on contradicting disclosures.
Replies: 3
Views: 2206

Re: Procedural Question - When (if?) motion to dismiss based on contradicting disclosures.

In Ontario, an officers notes are mostly seen as a way to refresh memory. They are not looked upon with the same scrutiny as the front of your ticket. Even then, mistakes do happen on a ticket and it usually doesn't amount to anything depending on the error.

There are mistakes frequently in notes. In your case, it looks like the officer made an ...