Search found 396 matches

by daggx
Sun Sep 20, 2015 1:48 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Going to court on someone's behalf
Replies: 3
Views: 1934

Re: Going to court on someone's behalf

Yes you can go in for him. Get him to give you a signed letter stating that he authorizes you to act on his behalf, just in case anybody questions whether you have his permission to represent him.
by daggx
Sun Sep 20, 2015 1:42 am
Forum: Compulsory Automobile Insurance Act
Topic: Right to pay
Replies: 13
Views: 4837

Re: Right to pay

I was reading an article on auto insurance and it reminded me of something that I had forgotten about but is relevant to this thread. Most insurance companies are now putting a clause in their contracts that states that you must report all accidents you are in to them even if you don't make a claim. Failing to report the accident can lead to your ...
by daggx
Fri Sep 18, 2015 4:58 pm
Forum: Compulsory Automobile Insurance Act
Topic: Right to pay
Replies: 13
Views: 4837

Re: Right to pay

Prenghisi wrote:But she didnt ask for it. She went behind my back
It sounds like she has not handled this in a very straight forward way. That having been said if her insurance company is demanding your info I think you are obliged to hand it over.
by daggx
Fri Sep 18, 2015 4:37 pm
Forum: Compulsory Automobile Insurance Act
Topic: Right to pay
Replies: 13
Views: 4837

Re: Right to pay

Prenghisi wrote:It just says witness, not insurance
Read section C a little more closely. It gives a list of things that the person in charge of a vehicle has to give to give to: Anyone sustaining loss or injury (that would be the other driver) or to the police or to a witness.
by daggx
Fri Sep 18, 2015 4:16 pm
Forum: Compulsory Automobile Insurance Act
Topic: Right to pay
Replies: 13
Views: 4837

Re: Right to pay

You are required by law to hand over your insurance info if the other party involved in the accident asks for it.

Here is the relevant section of the HTA:
http://www.ontario.ca/laws/statute/90h08#BK313
Duty of person in charge of vehicle in case of accident
200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or ...
by daggx
Thu Sep 17, 2015 2:38 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First Speed Ticket Reduced to 15km
Replies: 6
Views: 3887

Re: First Speed Ticket Reduced to 15km

It is also worth noting that many insurance companies, especially if you are a long time customer, will forgive one minor ticket every 3-5 years. So you may be facing no increase at all. As jsherk said you will have to look at the specifics of your plan to be sure.
by daggx
Thu Sep 17, 2015 2:33 pm
Forum: General Talk
Topic: If you are too far away from the court, can PPL change LOC?
Replies: 5
Views: 3791

Re: If you are too far away from the court, can PPL change L

Change of venue is only granted in extremely rare circumstances where the defendant can't get a fair trial in the jurisdiction where the offence occurred. Usually this only happens with jury trials where the jury pool in the area is considered too biased, usually due to the trial being a high profile criminal case. I've never heard of change of ...
by daggx
Sat Sep 12, 2015 2:30 am
Forum: General Talk
Topic: Can I get a ticket for a traffic violation not witnessed?
Replies: 4
Views: 2472

Re: Can I get a ticket for a traffic violation not witnessed

The officer has up to 30 days to issue you a regular ticket and up to 6 months to serve you with a summons to court. However, he can't mail you a ticket or a summons he would have to come back and serve either of those documents on you in person. I tend to think that if he was going to ticket you he would have done it on the spot, I don't see why ...
by daggx
Sat Sep 12, 2015 2:08 am
Forum: General Talk
Topic: kangaroo court dismisses my appeal under 1 minute
Replies: 15
Views: 5463

Re: kangaroo court dismisses my appeal under 1 minute

To appeal from here you would have to bring your case to the Ontario Court of Appeal. In order to do that you would have to apply to the court for leave to appeal and convince an Appeals court judge that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that leave be granted ...
by daggx
Fri Sep 11, 2015 1:53 am
Forum: General Talk
Topic: Minor Mistake on Disclosure Form
Replies: 6
Views: 2633

Re: Minor Mistake on Disclosure Form

The big things you will want are a copy of the other driver's statement and the statements of any other witnesses if there were any. If you don't get those with your initial disclosure package then definitely follow up with a second request asking for them specifically.
by daggx
Thu Sep 10, 2015 4:13 pm
Forum: General Talk
Topic: Minor Mistake on Disclosure Form
Replies: 6
Views: 2633

Re: Minor Mistake on Disclosure Form

I don't think the typo in the date is a big deal, it shouldn't affect anything. When you request disclosure you should only request things that are relevant to your particular case. The disclosure form on Ticket Combat has a long list of things you can request, but a lot of that stuff is only relevant to people who have been in traffic accidents ...
by daggx
Tue Sep 08, 2015 6:50 pm
Forum: General Talk
Topic: Notice of Impending Conviction for failure to respond
Replies: 2
Views: 1815

Re: Notice of Impending Conviction for failure to respond

They are supposed to issue a Notice of Impending Conviction is you don't respond to the ticket after 15 days, if the ticket was issued under the Provincial Offences Act. If the ticket was issued under an AMP system then I think they don't have too.
by daggx
Tue Aug 18, 2015 2:06 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Officer wrote incorrect speed limit on ticket. HELP
Replies: 2
Views: 2171

Re: Officer wrote incorrect speed limit on ticket. HELP

Sounds like a good candidate for the London v Young defence, since the fine doesn't match the offence listed on the ticket.
by daggx
Tue Aug 11, 2015 10:52 pm
Forum: General Talk
Topic: Carrying insurance, registration
Replies: 1
Views: 1746

Re: Carrying insurance, registration

The vehicle's registration is referred to as a permit in the Highway Traffic Act. You will find the requirement to carry the permit and present it to a police officer on demand in section 7 (5) A and B. http://www.ontario.ca/laws/statute/90h08#BK13

The requirement to carry and present proof of insurance is covered under the Compulsory Automobile ...
by daggx
Fri Jul 31, 2015 8:38 pm
Forum: Improper passing
Topic: Can I be charged or get a knock on my door
Replies: 9
Views: 4685

Re: Can I be charged or get a knock on my door

Theoretically they have 6 months to file charges against you. However, as others have said, I think they probably won't. A busy police force like Hamilton won't usually waste time chasing down minor traffic matters. You might get a warning letter from the Road Watch program but that is probably about it.
by daggx
Fri Jul 31, 2015 12:24 am
Forum: General Talk
Topic: Charter violations by the Ontario government
Replies: 12
Views: 4273

Re: Charter violations by the Ontario government

It looks like British Columbia is moving towards an AMP system for moving violations, similar to the one proposed here. The first stages of the system are already being rolled out, however the legislation is being challenged at the Supreme Court of Canada. It looks like part of BC's AMP legislation was already struck down by the BC Court of Appeal ...
by daggx
Thu Jul 30, 2015 11:35 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Chose early resolution, prosecutor didn't call me?
Replies: 2
Views: 3039

Re: Chose early resolution, prosecutor didn't call me?

I would call the prosecutors office tomorrow and find out what happened. Missing an early resolution meeting can result in you being found guilty by default, so you will want to get this mix up sorted out ASAP. When you call be polite, however make it clear that you were available at the agreed upon time but you never heard from them so now you are ...
by daggx
Mon Jul 27, 2015 12:11 am
Forum: Stunt Driving
Topic: Charged with 172(1) -- Seeking advice
Replies: 17
Views: 12910

Re: Charged with 172(1) -- Seeking advice

I don't think you're going to be able to get it down to 3 points, I think the deal you were offered for 49 over is about as good as it is going to get. If you try to talk the prosecution down more they may just withdraw the 49 over deal and send you to trial on the full speed racing charge.
by daggx
Sat Jul 18, 2015 10:34 pm
Forum: Stunt Driving
Topic: Stunt Reduced to 15 Over
Replies: 9
Views: 4479

Re: Stunt Reduced to 15 Over

Normally I would say challenge everything, but in this case I think it would be better to just pay it off and count it as a lucky break. You won't get a better deal then this and frankly you don't want the prosecutor looking at this case and deciding to withdraw the ticket in favour of a stunt driving charge.
by daggx
Sat Jul 11, 2015 10:39 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 18938

Re: Driving Wrong Way - Possible Incorrect Charge

CrazeeGhost wrote: Cool thanks. Any idea on how/where I can find the officer's name? Or should I just provide the officer and division numbers on the request?
The officer's name should be on the first line at the top of your ticket.
by daggx
Sat Jul 11, 2015 10:12 pm
Forum: General Talk
Topic: Incorrect Set Fine, but correct Total Fine - Fatal?
Replies: 7
Views: 3179

Re: Incorrect Set Fine, but correct Total Fine - Fatal?

The decision on whether to ignore the ticket or book a trial and then not show up depends on what you are more comfortable with.

As iFly55 pointed out booking a trial and then not showing up means that everything regarding your ticket will be dealt with on the trial date you were assigned. This means you will know exactly when the matter will be ...
by daggx
Wed Jun 17, 2015 11:08 pm
Forum: General Talk
Topic: 3 Day Suspension
Replies: 8
Views: 21274

Re: 3 Day Suspension

I agree with the above, that it shouldn't affect your insurance. It wouldn't make sense for it to affect it simply because it's not something you have the right to dispute, if you're not formally charged, you can't attend a trial and plead your innocence, therefore it would be unconstitutional for it to affect your insurance in any regard.

This ...
by daggx
Sat May 30, 2015 5:18 pm
Forum: General Talk
Topic: Error by officer?
Replies: 3
Views: 1721

Re: Error by officer?

If I were you I would book a court date and then request disclosure of the officer's notes. Once you get a copy of the officer's notes you can see where he says he first got a speed reading on your car. If the location where he says he first picked up your car was within the 90 zone, then you have a great defence for court.
by daggx
Sat May 23, 2015 8:01 pm
Forum: General Talk
Topic: Outstanding fines !
Replies: 5
Views: 2300

Re: Outstanding fines !

Even with the various collection fees imposed on overdue fines I don't see how a $30.00 ticket would morph into $186.00. There must be more then one ticket outstanding. Like others have said I would get a breakdown of exactly what that $186.00 consists of before paying it.
by daggx
Sat May 09, 2015 6:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 2003 New Brunswick speeding ticket paid through 2014 income
Replies: 7
Views: 2779

Re: 2003 New Brunswick speeding ticket paid through 2014 inc

You are not the only one that this has happened to this year, it looks like New Brunswick is cracking down on unpaid tickets. Here is a link to a story about it on CTV: http://www.ctvnews.ca/canada/new-brunswick-cracks-down-on-speeding-tickets-from-20-years-ago-1.2314327

As for recourse, I don't think there is any at this point. All the options ...
by daggx
Thu Apr 30, 2015 4:03 am
Forum: Parking Tickets
Topic: Ticketed For Parking in a Handicap Spot
Replies: 12
Views: 12019

Re: Ticketed For Parking in a Handicap Spot

I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and ...
by daggx
Tue Apr 28, 2015 11:55 pm
Forum: Parking Tickets
Topic: Ticketed For Parking in a Handicap Spot
Replies: 12
Views: 12019

Re: Ticketed For Parking in a Handicap Spot

The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581

Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It ...
by daggx
Sat Apr 25, 2015 1:14 am
Forum: Improper use of high occupancy vehicle lane
Topic: help - ticket with HTA on don mills rd which is not highway
Replies: 8
Views: 5394

Re: help - ticket with HTA on don mills rd which is not high

I think if you take your ticket to trial and then point out the error to the presiding Justice of the Peace you should be acquitted. Make sure to have 3 copies of the relevant laws and regulations, one for the JP one for the prosecution and one for your self. Be prepared to walk the court through your argument and explain exactly where the officer ...
by daggx
Thu Apr 23, 2015 4:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 4429

Re: Multiple tickets including Red Light - Fail to Stop

In the absence of the officer the prosecutor will often simply withdraw the charges, since his main witness isn't there to testify. However, in some cases they will try to get an adjournment and reschedule for another date.
by daggx
Wed Apr 22, 2015 9:32 pm
Forum: Improper use of high occupancy vehicle lane
Topic: help - ticket with HTA on don mills rd which is not highway
Replies: 8
Views: 5394

Re: help - ticket with HTA on don mills rd which is not high

The charge looks like it was for driving in an HOV lane and from my admittedly hasty research I think the OP may have a case. The regulations for S. 154.1 only list HOV designations on a number of 400 series highways. However Toronto By-law 950-503 seems to regulate HOV lanes on city streets in Toronto. It looks to me like the officer may have ...