Search found 396 matches

by daggx
Tue Apr 21, 2015 11:42 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 138 kmh in a 70 contruction zone- impound next day?
Replies: 6
Views: 4104

Re: Speeding 138 kmh in a 70 contruction zone- impound next

The summons has to be served in person, so they can't just mail it. I believe they could get a member of the Caledon OPP to serve it for them though.
by daggx
Tue Apr 21, 2015 11:25 pm
Forum: Stunt Driving
Topic: Stunt Driving Charge - Seeking Advice! Plea Bargaining?
Replies: 5
Views: 7866

Re: Stunt Driving Charge - Seeking Advice! Plea Bargaining?

The Crown is short hand for Crown Attorney. The Crown Attorney is the lawyer representing the city/county government in its case against you. You should be able to talk to them at your summons hearing. If that doesn't work, get their office phone number at the court house and call for an appointment. If you want time to think things over and ...
by daggx
Mon Apr 06, 2015 1:08 am
Forum: Careless Driving
Topic: Warning for careless, How long on record for?
Replies: 10
Views: 8164

Re: Warning for careless, How long on record for?

Where was this warning issued? I've never heard of a warning that came with any kind of fee attached to it. Could you scan it and post it here with your name and other info blacked out so that we can tell for sure what kind of document your were handed? If it is just a warning then there is no way to contest it, but it will not show up on your ...
by daggx
Sat Apr 04, 2015 3:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 57 or 58km/hr in 40 zone & Insurance Card Tickets
Replies: 10
Views: 3189

Re: 57 or 58km/hr in 40 zone & Insurance Card Tickets

For those in the know, I am wondering why the electronic copy of the insurance card that the OP presented to the officer was considered inadequate? Is there a regulation somewhere that says insurance cards can't be sent electronically and then printed at home?
by daggx
Tue Mar 10, 2015 4:43 pm
Forum: General Talk
Topic: Charter violations by the Ontario government
Replies: 12
Views: 4273

Re: Charter violations by the Ontario government

I only skimmed the document so I might have missed it, but I didn't see any mention of an appeals process and I didn't see the option for an in person hearing. I think both those things are necessary to ensure fairness. The AMP systems that are already being used for parking and some by-law infractions have these options in place. I could envision ...
by daggx
Thu Mar 05, 2015 4:48 pm
Forum: Careless Driving
Topic: After accident, the police gave me a Careless Driving ticket
Replies: 28
Views: 14662

Re: After accident, the police gave me a Careless Driving ti

I think the odds of getting a stay under those circumstances are pretty low. Most likely what would happen is that the prosecution would give you disclosure on your court date. The court would then grant you an adjournment to a new date so that you'd have time to review the disclosure.
by daggx
Tue Mar 03, 2015 4:39 pm
Forum: Summon
Topic: Summons for improper use of Accessible Parking permit-URGENT
Replies: 3
Views: 3652

Re: Summons for improper use of Accessible Parking permit-UR

-I would wait until you know your trial date. You will be given your trial date at your hearing on the 5th, so you can submit your disclosure request while you are at the court house that day if you like.
-The officer doesn't have to be in court for your appearance on the 5th but he will have to attend your trial in order to testify.
-You might be ...
by daggx
Thu Feb 26, 2015 6:37 am
Forum: Careless Driving
Topic: Is a Summons sent by email not legally binding?
Replies: 7
Views: 2776

Re: Is a Summons sent by email not legally binding?

I was under the impression that a summons had to be served by hand. In fact section 26 (2) of the Provincial Offences Act says: "A summons shall be served by a provincial offences officer by delivering it personally to the person to whom it is directed or if that person cannot conveniently be found, by leaving it for the person at the persons last ...
by daggx
Wed Feb 18, 2015 9:10 pm
Forum: Courts and Procedure
Topic: Summoned to court with SERIOUS 3 CHARGES
Replies: 6
Views: 3544

Re: Summoned to court with SERIOUS 3 CHARGES

The OP hasn't logged in since May of last year, I doubt he's checking this thread anymore.
by daggx
Wed Feb 18, 2015 7:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Replies: 38
Views: 11880

Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET

Quite a few of the posters here have won fatal error cases on appeal. If you search force fatal error or London v Young using this site's search function you will find many threads on the subject. I have added links to a few of the more informative ones but there are more if you search. Also the city should refund the fine money you paid if you win ...
by daggx
Mon Feb 09, 2015 3:09 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket for speeding on highway 401 (125 km/h)
Replies: 27
Views: 9953

Re: Ticket for speeding on highway 401 (125 km/h)

Reducing a speeding ticket to a parking ticket is something that is commonly done in New York state, so some people read about it online and think that you can do the same thing in Ontario. However, as others have said, the prosecutors in Ontario won't do that. In Ontario any reduced charge you get has to be somehow related to the offence you ...
by daggx
Tue Feb 03, 2015 10:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Early resolution meeting refused
Replies: 3
Views: 3458

Re: Early resolution meeting refused

It looks like the police officer did not file your ticket with the court within the required 7 days, the police must file all tickets with the court no more then 7 days after they are issued. This means that the ticket you have now is void and you don't have to do anything more with it. However, the officer can refile the charges and issue you with ...
by daggx
Tue Feb 03, 2015 8:52 pm
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 10189

Re: Ticketed in a slow trafic

If you are for sure going the fatal error route then you should just ignore the ticket.
by daggx
Tue Feb 03, 2015 12:13 am
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 10189

Re: Ticketed in a slow trafic

If it is an electronic ticket it will be computer generated and all the writing on it will be printed by a computer printer. If it was filled in by hand then it is not an electronic ticket.
by daggx
Tue Feb 03, 2015 12:10 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Jaywalking Ticket-High amount?
Replies: 4
Views: 5190

Re: Jaywalking Ticket-High amount?

What exactly was your son charged with and what was the law and section number? The reason I ask is because all the jaywalking type offences in the Highway Traffic Act carry a set fine of $35.
by daggx
Thu Jan 22, 2015 11:31 pm
Forum: General Talk
Topic: HTA 78.1 (Distracted Driving)
Replies: 7
Views: 7411

Re: HTA 78.1 (Distracted Driving)

As Ynotp said you can still force a fatal error by simply not showing up for your court date. The only difference is that the process will take a little longer because you will now have to wait for your court date to pass before the ticket will go into default proceedings.
by daggx
Tue Jan 13, 2015 3:57 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Halton Hills - Need Advice.
Replies: 15
Views: 10102

Re: Red Light Camera Ticket - Halton Hills - Need Advice.

Right now we are all just speculating, we will know more once you have looked at the ticket. Feel free to post a scanned copy of the ticket here, with your personal information blocked out, and then we can comment further on what seems to be going on.
by daggx
Mon Jan 12, 2015 2:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Replies: 38
Views: 11880

Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET

You will need three copies of both those documents so that you can give one to the judge, one to the prosecutor and keep one for yourself. Also you will want to have the original ticket the cop gave you on hand in case the judge wants to see it.
by daggx
Fri Jan 09, 2015 10:13 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Provincial/Federal Jurisdiction and Deputization
Replies: 7
Views: 4355

Re: Provincial/Federal Jurisdiction and Deputization

It might be worth hiring someone with experience fighting tickets in Quebec. The laws in Quebec and their court procedures are based on French Civil Code as opposed to the rest of Canada where laws and court procedures are based on English Common Law. This means that fighting a traffic ticket there is a very different experience then it is in the ...
by daggx
Thu Jan 01, 2015 7:03 pm
Forum: General Talk
Topic: Warning tickets
Replies: 6
Views: 10077

Re: Warning tickets

I think the original poster may have slightly misunderstood what the officer was saying. If I had to guess I think what the officer meant was that the warnings would be noted in that force's computer system and that if the OP was pulled over again the next officer would see the warnings and be less likely to cut the OP a break on the new offence. I ...
by daggx
Wed Dec 31, 2014 8:59 pm
Forum: Following too closely
Topic: rear ended someone and got a following too closely
Replies: 4
Views: 3742

Re: rear ended someone and got a following too closely

Unfortunately once you've paid the ticket it is next to impossible to go back and fight it. Paying the ticket is the same as voluntarily pleading guilty in court, once you have done it the court considers the case closed.
by daggx
Tue Dec 30, 2014 1:01 am
Forum: Driver failing to wear a seat belt
Topic: Drvr Recvs Warning (Rear Plate Lamp), Passenger St Belt Fine
Replies: 6
Views: 4199

Re: Drvr Recvs Warning (Rear Plate Lamp), Passenger St Belt

Pretty much what Ynotp said. To win in court you would have to somehow cast doubt on the officer's observation that you were not wearing a seat-belt. You can always file the ticket for court, request disclosure and see what the officer's notes say. Sometimes you can find an error or inconsistency in the officer's notes that can be used as a defence.
by daggx
Thu Dec 18, 2014 4:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Replies: 38
Views: 11880

Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET

Wait until the JP is done with it. The JP should notice the error on your ticket and quash it, in which case you won't have to do anything. If he misses the error then you can go ahead and appeal using London vs Young.
by daggx
Fri Nov 28, 2014 11:05 am
Forum: Failing to obey signs
Topic: Fatal error No signature....please help
Replies: 5
Views: 3141

Re: Fatal error No signature....please help

One question is your ticket electronically printed or is it hand written? I ask because electronically printed tickets don't need to have a physical signature on them, hand written ones however do. So if your ticket is hand written you can ignore it and hope the JP reviewing it notices the missing signature and quashes the ticket. If your ticket is ...
by daggx
Wed Nov 26, 2014 1:31 am
Forum: Failing to obey signs
Topic: 182(2) for Speeding with a Radar Gun
Replies: 2
Views: 2717

Re: 182(2) for Speeding with a Radar Gun

It would be worth booking a trial date and then requesting disclosure. That way you can see what evidence the officer has against you. If the evidence is weak you can go to trial, if it looks strong you can always plea bargain for a lesser fine.
by daggx
Mon Nov 17, 2014 8:08 pm
Forum: General Talk
Topic: Undemocratic Parking Ticket Administrative Monetary Penalty
Replies: 8
Views: 4177

Re: Undemocratic Parking Ticket Administrative Monetary Pena

Go transit also uses the AMP system for parking tickets issued on their property as well as fair evasion tickets. AMPS are also used at the Federal level for various violations of the Customs Act and Food Inspection regulations among other things. This seems to be a growing trend for dealing with non-criminal violations that do not involve jail ...
by daggx
Sun Nov 16, 2014 8:56 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 63 in a 40 - York Univ + Failure to Surrender Insurance
Replies: 12
Views: 4359

Re: 63 in a 40 - York Univ + Failure to Surrender Insurance

The form form ticket combat should be fine, I don't think they will give you any trouble. Just make sure you provide all the information they need to process your request. One caution regarding the ticket combat form though. That form requests a number of things that don't apply to a speeding or missing insurance card case, so make sure to remove ...
by daggx
Thu Nov 13, 2014 4:23 pm
Forum: Failing to obey signs
Topic: stop sign - failing to stop section 136
Replies: 4
Views: 3037

Re: stop sign - failing to stop section 136

How long ago did you get your ticket? If your court date is set more then 12 months after you received the ticket you might be able to make a charter challenge under section 11b for unreasonable delay. That is assuming you didn't do anything to contribute to the delay.
by daggx
Tue Oct 28, 2014 11:07 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Reported by Pedestrian With Failure To Stop
Replies: 4
Views: 2743

Re: Reported by Pedestrian With Failure To Stop

Unfortunately there is no quick way out of this one. The best way to proceed will be to wait for disclosure then see what they have. Since the officer didn't see the offence the lady who witnessed it is going to have to show up in court and testify. This can be an advantage as civilian witnesses are more prone to not show up in court then police ...
by daggx
Thu Oct 09, 2014 4:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure attc
Replies: 15
Views: 8222

Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure

Since you were charged under the NCCTPR the rules governing signage under the HTA don't apply. At any rate the default speed under the NCCTPR is 60 kph so even if there was no sign you could still be charged with going over the default speed limit. As for if this will show on your driving record, I think the answer is yes but I'm not 100% sure. I ...