Search found 396 matches

by daggx
Mon Feb 03, 2014 10:26 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 2 Tickets, 140 in 100 and failure to surrender liscence
Replies: 16
Views: 5770

Re: 2 Tickets, 140 in 100 and failure to surrender liscence

I think, as others have said, your best bet is to file for trial and get disclosure. This will push back the date by which you have to pay and will give you a chance to look at the evidence against you. If you can't find any holes in the evidence that would allow you to beat the charge, you can ask for a meeting with the prosecutor and see if you ...
by daggx
Thu Jan 30, 2014 2:09 am
Forum: General Talk
Topic: Interfere With Traffic Ticket - Advice Needed
Replies: 5
Views: 10673

Re: Interfere With Traffic Ticket - Advice Needed

I would file for trial and ask for disclosure to see what evidence the officer has against you before making a decision. If the evidence is weak you can go to trial, if it is strong you can make a plea bargain to a lessor offence.
by daggx
Tue Jan 21, 2014 1:33 am
Forum: Traffic Offences Outside Ontario
Topic: Received 3 demerit points in Quebec on zero tolerance
Replies: 6
Views: 7966

Re: Received 3 demerit points in Quebec on zero tolerance

If all you need to do is wait until your zero tolerance period is over, then I would book a court date. Quebec courts are often quite slow so there is a good chance you won't get a court date until after your zero tolerance period is over. Once that happens, you can try to plea bargain with the prosecutor to see if you can get a lessor charge that ...
by daggx
Sun Jan 19, 2014 10:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 145kmph in 100kmph zone, is this consider a "fatal" error ??
Replies: 11
Views: 3038

Re: 145kmph in 100kmph zone, is this consider a "fatal" erro

You can still request disclosure, and I would do that ASAP, however it probably won't be ready in time for your court date. Instead you will probably get it at your court date and then you will be granted an adjournment so you can review it. You won't be able to count the time during the adjournment towards an 11B challenge (a motion to have your ...
by daggx
Thu Jan 16, 2014 3:26 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 106km/h in a 60km/h
Replies: 8
Views: 3452

Re: 106km/h in a 60km/h

If it were me I would pick option 3 and request disclosure. This leaves all your options open and you can read the officer's notes to see if there is anything you can build a defence around. You also may luck out and have the trial scheduled more then 11 months away, at which time you could have the ticket thrown out for unconstitutional delay, or ...
by daggx
Mon Jan 13, 2014 11:05 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

I am planning to go with Option 3. I do not understand the 2 check boxes under Option 3. What is the difference between 1. "I intend to appear in court to enter a plea of not guilty at the time and place set for the trial "... and 2. "I intend to challenge the evidence of the Provincial Offences Officer..."
Can someone explain this to me?

-You ...
by daggx
Thu Jan 09, 2014 2:17 pm
Forum: Criminal Offences
Topic: will this appear on a police record check..Need to know ASAP
Replies: 2
Views: 3231

Re: will this appear on a police record check..Need to know

You were not charged with anything so this should not cause you any trouble with immagration. Typicaly they are only looking for criminal convictions, pending criminal charges and outstanding warants. If you are worried you can double check Australia's entry rules, but I realy don't think you are going to have a problem.
by daggx
Mon Jan 06, 2014 9:07 pm
Forum: Failing to yield the right-of-way
Topic: Failing to move to the right for emergency vehicle
Replies: 10
Views: 6486

Re: Failing to move to the right for emergency vehicle

I believe if you are charged as the owner then it is only a fine and no entry on your driving record is made as they can't prove who was actually driving.
by daggx
Sat Dec 07, 2013 8:11 pm
Forum: Improper use of high occupancy vehicle lane
Topic: What should I do?
Replies: 5
Views: 5010

Re: What should I do?

I would call the prosecutor's office ASAP and see if this can't sorted out. Let them know that you had a deal worked out but that for some reason you still got a notice of trial, I would think that they would be happy to help you as that would mean one less case they have to deal with on that court date.
by daggx
Thu Dec 05, 2013 5:44 pm
Forum: Courts and Procedure
Topic: Back of Ticket Option
Replies: 3
Views: 2162

Re: Back of Ticket Option

No, it looks like the jurisdiction where your ticket was issued doesn't have the early resolution option on the ticket (not all areas do). What you will have to do is pick option 3 and set a trial date, check both boxes. The prosecutor will most likely talk to you on your court date before your trial starts and offer you a plea bargain, if you like ...
by daggx
Sat Nov 30, 2013 3:53 pm
Forum: General Talk
Topic: default suspension bogus
Replies: 1
Views: 1506

Re: default suspension bogus

Don't pay anything, if you pay the fine that will be taken as an admission of guilt on your part and you won't be able to fight the ticket later. What you should do is go to the court house first thing on Monday and apply to have your case reopened. If your application to reopen is granted your licence will be reinstated. I've attached a link to a ...
by daggx
Sat Nov 30, 2013 1:06 am
Forum: Criminal Offences
Topic: G2 BAC above 0%
Replies: 5
Views: 3409

Re: G2 BAC above 0%

Ynotp is correct, a DUI would have meant a ride to jail and a mandatory court appearance.
by daggx
Thu Nov 21, 2013 2:54 am
Forum: Parking Tickets
Topic: parking in a handicap space
Replies: 4
Views: 4025

Re: parking in a handicap space

Highway Traffic Act REGULATION 581 outlines the minimum signage requirements for disabled parking spaces. I've included the link so you can take a look and see if the signs where you were ticketed meet the requirements. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900581_e.htm

If you can, post a picture of the sign where you were ...
by daggx
Sat Nov 16, 2013 1:59 am
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain...at the parking lot
Replies: 16
Views: 17571

Re: Failure to remain...at the parking lot

Unfortunately Toronto's bylaws are still messed up due to amalgamation and are hard to search. If the designation was made after amalgamation then it would be posted online. However if it was made before amalgamation then it would not be online and you would have to go to the reference library and look through the old bylaws from the old City of ...
by daggx
Sat Nov 16, 2013 1:14 am
Forum: Red Light Camera Ticket
Topic: Location of Toronto Cameras
Replies: 2
Views: 2890

Re: Location of Toronto Cameras

I think you are right that it is an old film one that is now out of commission.
by daggx
Tue Nov 12, 2013 9:34 pm
Forum: General Talk
Topic: Quick question regarding fine...
Replies: 2
Views: 1583

Re: Quick question regarding fine...

To find out how much you owe you should call the court house in the jurisdiction where the fine was issued, they will have how much you owe on record. Once you have that number you should be able to send a friend to the court house to pay on your behalf. Make sure your friend gets a receipt from the court staff after they have submitted your ...
by daggx
Sat Nov 09, 2013 3:37 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Incorrect Set Fine but Correct Total - Speeding 23km/h over
Replies: 11
Views: 4469

Re: Incorrect Set Fine but Correct Total - Speeding 23km/h o

Congratulations on a good outcome! I'm glad the JP in this case quashed the ticket like they are supposed to.
by daggx
Wed Oct 30, 2013 2:26 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 74 in a 40 zone question!
Replies: 2
Views: 1967

Re: 74 in a 40 zone question!

The limitation period for the officer to lay a charge is 6 months. After that they can no longer issue you a summons for for that particular incident, so if it has been over six months since the first ticket was issued you are in the clear. Since the charge was never filed nothing will appear on your driving abstract and your insurance company will ...
by daggx
Fri Oct 25, 2013 2:58 am
Forum: General Talk
Topic: Where do I take my ticket?
Replies: 1
Views: 1525

Re: Where do I take my ticket?

Here is the link to the City of Kawartha Lakes website that explains what to do.

http://www.city.kawarthalakes.on.ca/cit ... -questions
by daggx
Sun Oct 13, 2013 9:19 pm
Forum: Careless Driving
Topic: Certified Letter re: Car Insurance
Replies: 4
Views: 2092

Re: Certified Letter re: Car Insurance

I'm not sure what the police are after, unless maybe they want a notarized letter from the insurer. Either way that is odd. I would forget about dealing with the police on this one, bring the letter you've got to your court date and talk to the prosecutor. From what the prosecutor told you it sounds as if they will likely be willing to drop the no ...
by daggx
Thu Oct 10, 2013 2:30 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding... 68 over School Zone.. By my Dash Cam say 65...
Replies: 15
Views: 10169

Re: Speeding... 68 over School Zone.. By my Dash Cam say 65

While nothing is certain, I think it is very likely that the crown will offer to drop it down to 65 so that you can avoid the points. That having been said since the ticket has a fatal error on it you could fallow the procedure set out in London v. Young and have the ticked thrown out completely.
by daggx
Tue Sep 24, 2013 2:48 pm
Forum: General Talk
Topic: Passing vehicles on a highway with just one lane for each
Replies: 8
Views: 2791

Re: Passing vehicles on a highway with just one lane for eac

If I were in your position I would call the prosecutor's office in the jurisdiction where you got the ticket and ask for a first attendance meeting. At that meeting they will almost certainly offer you a plea deal where they will reduce your charge in exchange for you pleading guilty. Since you want to get this over with you can just take whatever ...
by daggx
Sun Sep 22, 2013 2:00 am
Forum: Driving While Suspended
Topic: Driving with expired license?
Replies: 1
Views: 5105

Re: Driving with expired license?

Your husband is looking at 4 points for the speeding ticket and none for the expired licence. That having been said demerit points don't matter too much unless you have a lot of them. Insurance companies only look at the number of convictions you have and then they classify them as either major or minor. Since your husband got two tickets you are ...
by daggx
Sun Sep 22, 2013 1:29 am
Forum: Careless Driving
Topic: drive with damaged bumper
Replies: 6
Views: 6773

Re: drive with damaged bumper

I took a look around and from what I've read it looks like there are no demerit points associated with it and that insurance considers it a minor offence. However there is no set fine associated with this charge, so it would be up to a Justice of the Peace to asses the fine. That having been said it is unlikely that they will change the charge at ...
by daggx
Fri Sep 20, 2013 12:56 am
Forum: Careless Driving
Topic: drive with damaged bumper
Replies: 6
Views: 6773

Re: drive with damaged bumper

If the officer thought the vehicle was truly unsafe he could have charged you with Operate unsafe vehicle under S. 84 of the HTA, at which point your car would have been ordered off the road until it was repaired and you would have been given a Summons to court. Careless Driving seems like an odd charge to pick for driving with a damaged bumper ...
by daggx
Thu Sep 19, 2013 3:41 pm
Forum: Courts and Procedure
Topic: Speeding 90 km/hr in a 100 km/hr zone (?!)
Replies: 1
Views: 2186

Re: Speeding 90 km/hr in a 100 km/hr zone (?!)

It looks to me like that would constitute a fatal error. Remember if you are going to force a fatal error then you don't want to book a trial, ignore the ticket and it should be quashed when it gets sent to the default docket for review.
by daggx
Tue Sep 17, 2013 2:19 am
Forum: General Talk
Topic: What if I ask for a trial and then change my mind?
Replies: 2
Views: 1818

Re: What if I ask for a trial and then change my mind?

Also if you can't make the court date yourself you can always send someone else to represent you. It doesn't have to be a lawyer or paralegal it can be anyone of your choosing.
by daggx
Fri Sep 13, 2013 3:20 pm
Forum: Prohibited turns
Topic: 144(9) from a yellow warning sign?
Replies: 8
Views: 4301

Re: 144(9) from a yellow warning sign?

Here is a link to the regulations regarding signage under the Highway Traffic Act. http://www.e-laws.gov.on.ca/html/regs/e ... e.htm#BK21

It looks to me like the regulations say the sign must have a white background to be enforceable.
by daggx
Sun Sep 08, 2013 2:52 pm
Forum: Failing to remain at the scene of a collision
Topic: Fail to remain
Replies: 1
Views: 3458

Re: Fail to remain

How likely will the Prosecution be understanding of his argument for 'failing to remain'?
-He would have to convince the court that he was genuinely unaware that he had been involved in an accident. This might be a tough sell depending on the circumstances. The fact that he wasn't able to come back even after being notified by the police won't help ...
by daggx
Sun Sep 08, 2013 2:28 pm
Forum: General Talk
Topic: Two Fatal Errors - Red Light Ticket, already set trial
Replies: 3
Views: 2463

Re: Two Fatal Errors - Red Light Ticket, already set trial

That is correct, if your friend doesn't show up for her trial the Justice of the Peace should quash the ticket. If the JP fails to quash the ticket you have very solid grounds for an appeal citing London v. Young as precedent.