Search found 396 matches

by daggx
Sun Oct 05, 2014 6:15 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - 62kph in a 40kph zone
Replies: 7
Views: 2475

Re: Speeding - 62kph in a 40kph zone

That is going to be a tough one to prove. You and your passenger can both take the stand and testify to that effect and see if you can offer more convincing testimony then the officer. Also when you cross examine the officer you can see if you can get him to admit that there were other cars there that he might have picked up instead of you. Between ...
by daggx
Sun Oct 05, 2014 6:05 pm
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 133456

Re: How to file an 11B

What items did you put in your disclosure request?

o a full copy of the police officers notes;
o a copy of both sides of the officers copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of ...
by daggx
Fri Oct 03, 2014 7:46 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - 62kph in a 40kph zone
Replies: 7
Views: 2475

Re: Speeding - 62kph in a 40kph zone

Unfortunately most speed measuring devises don't generate a written or visual record so the only thing you will get is what the officer wrote down by hand in his notes.
by daggx
Sat Sep 27, 2014 9:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding in Construction Zone, Fine Double but No Workers
Replies: 7
Views: 5605

Re: Speeding in Construction Zone, Fine Double but No Worker

The fatal error defence only works if the charge as written on the ticket doesn't match the set fine or total payable written on the ticket. In this case the charge written on the ticket and the fines written on the ticket match so the fatal error defence that rodwarriors.ca is talking about won't work. What you are arguing is that you did not ...
by daggx
Mon Sep 15, 2014 6:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Construction Zone - Sped Up to Allow Traffic In - Speed Trap
Replies: 7
Views: 3450

Re: Construction Zone - Sped Up to Allow Traffic In - Speed

If all you want is the construction zone enhancement taken away, you might be able to plea bargain for that at an early resolution meeting with the prosecutor. I think your plan of doing the initial filing for trial and requesting disclosure your self is a good one. You can then look over the notes and see if there is an obvious defence. If there ...
by daggx
Sun Sep 07, 2014 10:14 pm
Forum: Parking Tickets
Topic: Just paid for a parking ticket and I was no where near ...
Replies: 4
Views: 3402

Re: Just paid for a parking ticket and I was no where near .

That is annoying because you probably could have beaten it. However it would have likely involved 2 trips into Toronto, one to file your Notice of Intention to Appear and another to show up in court. Sadly you are probably right that it wouldn't be worth the time off work to argue it.
by daggx
Tue Sep 02, 2014 6:10 pm
Forum: Traffic Offences Outside Ontario
Topic: ticket for unlocked car door
Replies: 7
Views: 7998

Re: ticket for unlocked car door

Yup both Montreal and Vancouver have by-laws against leaving your car door unlocked while parked on public streets.

It's actually an offence anywhere in Quebec, it falls under their version of the Highway Traffic Act.

381. No person may leave unattended a road vehicle that is in his custody without previously removing the ignition key and ...
by daggx
Tue Sep 02, 2014 4:40 pm
Forum: Traffic Offences Outside Ontario
Topic: ticket for unlocked car door
Replies: 7
Views: 7998

Re: ticket for unlocked car door

bobajob wrote:"Apparantly, leaving your car door unlocked is against the law"

WTF !
Yup both Montreal and Vancouver have by-laws against leaving your car door unlocked while parked on public streets. It is an attempt to cut down on car theft, although it does seem more like punishing the victim.
by daggx
Sat Aug 30, 2014 12:21 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: 2 UP ATV/ORV Tickets
Replies: 7
Views: 6235

Re: 2 UP ATV/ORV Tickets

I would still probably file for a court date and request disclosure so you can see the officers notes. Once you have that it will be easier to see if there is something to use to build a case. Also even if they have you dead to rights, you can still probably plea bargain to get a reduced penalty. While I can't guarantee what the prosecutor will do ...
by daggx
Thu Aug 28, 2014 8:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 107 km/hr in a 80 km/hr zone
Replies: 4
Views: 2448

Re: 107 km/hr in a 80 km/hr zone

One of the traffic officers who frequent this board might know better, but my guess would be that the two times mentioned at the top of these notes (815 and 1835) are the times the officer tested the radar unit. The notes don't say what the outcome of those tests were but I would imagine the officer will testify on the stand that the tests showed ...
by daggx
Thu Aug 21, 2014 3:38 pm
Forum: Compulsory Automobile Insurance Act
Topic: Refusal to pay "Penalty" "Fine" Debt.
Replies: 13
Views: 6114

Re: Refusal to pay "Penalty" "Fine" Debt.

Aside form suspending his licence, the fine will be treated like an unpaid bill. The city can put it against his credit rating and use civil collection methods such as collection agencies garnishments etc. Also some cities will add unpaid tickets to the offenders property tax bill. However an unpaid ticket will not result in any jail time. The only ...
by daggx
Mon Aug 04, 2014 3:41 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 65 in a 50 - reduced
Replies: 2
Views: 2283

Re: 65 in a 50 - reduced

It looks like the notes are saying that the laser devise was tested once at 725am and again at 346pm. Both tests show the device was working properly. I agree that they probably won't reduce the ticket any further so unless you can see a way to win outright you are probably better to plead guilty.
by daggx
Mon Aug 04, 2014 3:18 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: nailed with 144 km/h in a 100 zone, hwy 400
Replies: 9
Views: 3796

Re: nailed with 144 km/h in a 100 zone, hwy 400

You should check the box saying that you want the officer to attend. This will meen that the officer has to take the witness stand and testify. That will give you a chance to ask him questions and poke holes in his testimony if you take this to trial. It also means that if the officer fails to show up your ticket will very likely be withdrawn. For ...
by daggx
Wed Jul 23, 2014 11:46 pm
Forum: Red Light Camera Ticket
Topic: RLC Ticket in Ottawa Early Resolution option
Replies: 3
Views: 3671

Re: RLC Ticket in Ottawa Early Resolution option

Usually you will get a chance to talk with them when you sign in on the day of your trial. Often they will approach you and offer some type of deal, if they don't you can pull them aside before things get started and have talk with them.
by daggx
Tue Jul 22, 2014 4:50 pm
Forum: Red Light Camera Ticket
Topic: RLC Ticket in Ottawa Early Resolution option
Replies: 3
Views: 3671

Re: RLC Ticket in Ottawa Early Resolution option

Plead not guilty. This will set a date for trial, you can then talk to the prosecutor before your trial begins and work out a plea deal.
by daggx
Mon Jul 14, 2014 2:42 pm
Forum: Red Light Camera Ticket
Topic: RLC Ticket in Ottawa - Very Snowy Day!
Replies: 14
Views: 8236

Re: RLC Ticket in Ottawa - Very Snowy Day!

It is probably too late to get in touch with them today, but you can almost certainly talk to them before court tomorrow. Prosecutors will very often talk to people before court starts and work out deals where people agree to plead guilty in exchange for a lower fine.
by daggx
Thu Jun 19, 2014 6:22 pm
Forum: General Talk
Topic: received four summons on my CANCELLED ontario drivin license
Replies: 1
Views: 1726

Re: received four summons on my CANCELLED ontario drivin lic

I wouldn't just ignore them. If you do that a number of things could happen. Potentially a warrant could be issued for your arrest if you don't show up in court or they could decide to proceed to trial without you in which case you will almost certainly be convicted of everything. If you are convicted in absentia you will be responsible for what ...
by daggx
Wed Jun 11, 2014 10:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: just CONVICTED (fail to obey lane sign:154 1 C) w/disclosure
Replies: 5
Views: 3291

Re: just CONVICTED (fail to obey lane sign:154 1 C) w/disclo

Looking through the officer's notes it isn't entirely clear to me how the turn lane was marked. Were there any black and white vertical signs indicating that this was a left turn only lane or was it just the lines and arrows painted on the ground? Do you remember one way or the other?
by daggx
Sat Jun 07, 2014 3:13 pm
Forum: Red Light Camera Ticket
Topic: Ran a red light camera - seeking advice
Replies: 14
Views: 10140

Re: Ran a red light camera - seeking advice

also as the OP went through a well gone red, should that be dangerous/careless driving as well?

This depends on the situation. If the indecent occurred at 3am and there were no other drivers around then no, careless or dangerous would not apply. On the other hand if the driver went through the red, ran over a group of school children in the ...
by daggx
Sat Jun 07, 2014 3:04 pm
Forum: Red Light Camera Ticket
Topic: Ran a red light camera - seeking advice
Replies: 14
Views: 10140

Re: Ran a red light camera - seeking advice

2 questions/ comments .....

Jumping a red light, IMHO is FAR more dangerous than speeding or possibly any other offense. Because your blasting through an intersection, when another flow of traffic
is going. the OP said it was a good half a minute.. so he just "didnt" miss it it was well hard on. If you jump a light like that, I personally think ...
by daggx
Mon Jun 02, 2014 8:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Possible Fatal Error on my Speeding Ticket
Replies: 9
Views: 3793

Re: Possible Fatal Error on my Speeding Ticket

I would say go ahead and file your disclosure request now, that way it should be ready for you to review before your meeting.
by daggx
Sat May 31, 2014 3:46 pm
Forum: General Talk
Topic: Fax/Address of Attorney Generals?
Replies: 2
Views: 2333

Re: Fax/Address of Attorney Generals?

For the Ontario Attorney General you want to fax it to the Constitutional Law Branch at 416-326-4015. The other number you have is the general inquiries number, where as you want to send your 4F specifically to the Constitutional Law Branch with in the Ministry.
I couldn't find the fax number for the Ontario Regional office for the Attorney ...
by daggx
Fri May 30, 2014 1:27 pm
Forum: Red Light Camera Ticket
Topic: Ran a red light camera - seeking advice
Replies: 14
Views: 10140

Re: Ran a red light camera - seeking advice

No, red light camera tickets never appear on your driver's abstract. You can freely attend an early resolution meeting or take the ticket to trial secure in the knowledge that no mater what it will never appear on your driving record and your insurance company will never hear about it.
by daggx
Tue Apr 29, 2014 10:05 pm
Forum: Failing to yield the right-of-way
Topic: Fail to yield on through highway, no signature by cop
Replies: 6
Views: 4483

Re: Fail to yield on through highway, no signature by cop

Was the ticket an electronic ticket or hand written? Electronic tickets don't need a signature, whereas I believe hand written ones do.
by daggx
Mon Apr 28, 2014 6:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Possible Fatal Error on my Speeding Ticket
Replies: 9
Views: 3793

Re: Possible Fatal Error on my Speeding Ticket

Thank you Stanton! I am disputing the ticket. This is my first ever experience and I couldn't find any info on Google. Can I mail my ticket with Option 3 selected or do I have to show up in person to dispute it and request a trial date? Also, if I can mail it, do I mail the original or a copy and keep the original with me?

Thanks again!

This ...
by daggx
Sat Mar 29, 2014 2:00 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Friend lost his G2 for going 20 km over during G road test
Replies: 1
Views: 2632

Re: Friend lost his G2 for going 20 km over during G road te

I've never heard of them taking someone's license for making an illegal move during the driver's test. As far as I know the only thing that would happen is that the driver would fail the test and have to retake it at a later date. The only thing I can think of is that maybe his license was close to expiring? If his G2 license expired then he would ...
by daggx
Mon Mar 24, 2014 8:53 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Daugher (17) charged with speeding - 40 km in a 20km zone
Replies: 8
Views: 3451

Re: Daugher (17) charged with speeding - 40 km in a 20km zon

There is a charge for allowing a person under 16 to drive a car.

Highway Traffic Act Section 37 (2) says "No person shall employ or permit anyone under the age of sixteen years to drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway."

There is no set fine for ...
by daggx
Sun Mar 23, 2014 9:30 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 32598

Re: Speeding Ticket (possible fatal error)

flyingfree234 wrote:Hey what happened to your ticket? I got a similar ticket but I already asked for court date. It says "speeding" that's it and reduced ticket costing me $90 - she said I was going 70/h in 50 verbally but there's nothing to indicate that on the ticket. Does that mean I get no demerit points?
What city were you ticketed in?
by daggx
Sat Mar 15, 2014 7:35 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 32598

Re: Speeding Ticket (possible fatal error)

I think ignoring your ticket is the fastest route to victory. If I were you I would wait for 30 days and then if you haven't heard anything by then call the court house and ask about the status of your ticket.
If it has been quashed they will tell you, at which point your case is over and you have won. When the quash a ticket they do not send out ...
by daggx
Sun Feb 09, 2014 11:40 pm
Forum: General Talk
Topic: 1 Year Suspension on a G2 License. Questions
Replies: 7
Views: 4392

Re: 1 Year Suspension on a G2 License. Questions

But around a week ago I got a letter from MTO saying my license is suspended for a year starting early october, even though the judge had told me it would not be suspended.
A conviction for a criminal code driving offence gets you an automatic 1 year licence suspension in Ontario. The courts should know this, but sometimes they are not as up to ...