Search found 396 matches

by daggx
Wed Aug 28, 2013 11:38 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket in the mail today
Replies: 2
Views: 3155

Re: Red Light Camera Ticket in the mail today

Unfortunately these tickets are pretty hard to beat outright unless you can find an error on the ticket or can show that the camera was malfunctioning somehow. Failing to stop for a red light is an absolute liability offence which means they don't have to prove intent, all they have to do is show that you entered the intersection after the light ...
by daggx
Wed Aug 28, 2013 4:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign + Fail to Surrender Insur: Worth Fighting?
Replies: 2
Views: 5718

Re: Disobey Stop Sign + Fail to Surrender Insur: Worth Fight

I would definitely book a court date. At the very least you can probably make a deal to have one of the tickets dropped in exchange for a guilty plea to the other. If your insurance company forgives one minor ticket, like many do, then that should keep your rates from going up.
by daggx
Wed Aug 28, 2013 4:37 pm
Forum: Driving While Suspended
Topic: Driving Under Suspension Section 53(1)
Replies: 2
Views: 5131

Re: Driving Under Suspension Section 53(1)

The best thing to do would probably be to hire a paralegal to handle this matter for you. There are many circumstances where a paralegal can appear on your behalf so you won't necessarily have to be in court yourself. Talk to them and see if they can take care of this for you while you are in Newfoundland. They may even be able to work out a deal ...
by daggx
Sun Aug 25, 2013 2:24 pm
Forum: Careless Driving
Topic: Summons to appear in court for Careless Driving
Replies: 6
Views: 6384

Re: Summons to appear in court for Careless Driving

For now the best thing to do is show up to you court date and request disclosure. The court date on your summons is just your first appearance in court they won't hold your trial that day but will set a new date. Once you have disclosure you will be able to see what evidence the cop has against you and then you can start building a defense. The ...
by daggx
Tue Aug 13, 2013 11:33 pm
Forum: Compulsory Automobile Insurance Act
Topic: Getting insurance again
Replies: 2
Views: 2736

Re: Getting insurance again

I'm pretty sure that insurance companies only have access to the last three years of your driving record, anything older then that is restricted to police/government use only. Unfortunately driving without insurance is considered a major conviction, so for now you would be classified as high risk and forced to use facility insurance. If you wait ...
by daggx
Mon Aug 05, 2013 4:11 am
Forum: Parking Tickets
Topic: Parking in fire route
Replies: 11
Views: 13318

Re: Parking in fire route

Whether the town mails you the ticket, I couldn't tell you to be honest. There are plenty of cities and towns that will simply mail you your ticket, and in some cases, charge you a fee for the process.

Wouldn't simply mailing the ticket violate Sections 15 (4) and 15(5) of the Provincial Offences Act? If they don't serve you at the time of the ...
by daggx
Sun Aug 04, 2013 2:10 pm
Forum: Parking Tickets
Topic: Parking in fire route
Replies: 11
Views: 13318

Re: Parking in fire route

I'm of the impression that if you drive away before the ticket is handed to you or placed on your car then the ticket has not been served properly and is thus not valid. I think you could argue in court that you were not served properly and the charge would be dismissed.
by daggx
Thu Jul 25, 2013 3:34 am
Forum: General Talk
Topic: How should I appeal?
Replies: 14
Views: 4536

Re: How should I appeal?

My case was similar to yours. I received a red light ticket where both the set fine and the total payable were incorrect. For question 16 where the form asks for the grounds for appeal I wrote "The justice erred by convicting based on section 9.1 of the Provincial Offences Act. The Justice erred and failed to examine the certificate of offence, as ...
by daggx
Sat Jul 20, 2013 9:17 pm
Forum: General Talk
Topic: How should I appeal?
Replies: 14
Views: 4536

Re: How should I appeal?

When I appealed my red light ticket I checked the box that said "Find the Defendant not guilty" and that worked for me. Also for question 9 make sure to check both the conviction and sentence boxes.
by daggx
Thu Jul 18, 2013 3:58 pm
Forum: General Talk
Topic: How should I appeal?
Replies: 14
Views: 4536

Re: How should I appeal?

That is correct, in your case there will be no transcripts so you don't have to worry about that. At this stage you won't have to write your whole case out in full, all you will have to do is write a small paragraph outlining your grounds for appeal. Once you get to your appeal hearing you will have to explain your case in full to the Judge. The ...
by daggx
Wed Jul 10, 2013 1:24 am
Forum: General Talk
Topic: How should I appeal?
Replies: 14
Views: 4536

Re: How should I appeal?

Others might correct me, but I think if you have already been convicted then you are stuck going with option one. Since the wrong date is not a fatal error it won't help you much at an appeal hearing. If you try to bring it up to discredit the cop the judge will probably stop you and say that it should have been brought up at your original trial ...
by daggx
Tue Jul 02, 2013 3:56 am
Forum: Parking Tickets
Topic: Ontario Provincial Parks: Parking Ticket
Replies: 2
Views: 5562

Re: Ontario Provincial Parks: Parking Ticket

The ticket is for failing to display the pass so even though you own a pass the ticket is still technically valid since you didn't have it displayed at the time you parked. That having been said there is a chance that if you bring your pass into the office and explain the situation that the clerk who processes the tickets for court might be able to ...
by daggx
Wed Jun 26, 2013 6:14 pm
Forum: Courts and Procedure
Topic: My experience with a s.135 POA appeal
Replies: 11
Views: 7641

Re: My experience with a s.135 POA appeal

R. ex rel. City of Toronto v. Arcos-Nava, 2012 ONCJ 773 (CanLII)

Looks like it doesn't work anymore..

It still works if the set fine is incorrect, however thanks to this ruling there is now conflicting case law on whether or not it will work if only the total payable is wrong. Hopefully someone will take the matter to the Ontario Court of ...
by daggx
Wed Jun 26, 2013 6:08 pm
Forum: Courts and Procedure
Topic: My experience with a s.135 POA appeal
Replies: 11
Views: 7641

Re: My experience with a s.135 POA appeal

I'm now in this situation. I've been convicted after doing noting. I'm about to go to Markham st to reopen the case. Should I explain to the JP what's up or just request a re-opening? Can they ammend the ticket if I bring up the error or could he quash the ticket and cancel the conviction right there?

If you are using the London v. Young ...
by daggx
Tue Jun 25, 2013 3:39 pm
Forum: Parking Tickets
Topic: Parking ticket WITH Accessible Permit
Replies: 2
Views: 3047

Re: Parking ticket WITH Accessible Permit

If you are in Toronto then I think you can have those tickets canceled as per section 3.8 of the city's Ticket Cancellation Guide. I've attached the link to this post, take a look at it and make sure your situation meets the criteria for having the tickets canceled. If it does, then you can take your tickets in to any Parking Tags Operations Office ...
by daggx
Sat Jun 22, 2013 12:55 am
Forum: Failing to stop for a school bus
Topic: School Bus at a cross section
Replies: 4
Views: 3351

Re: School Bus at a cross section

The school bus did not have it's flashing red lights on so you are allowed to pass it. Also while normally you are not supposed to pass a vehicle on the right hand side, section 150(1) of the Highway Traffic Act allows you to pass a on the right when the vehicle you are passing is making a left hand turn. So in short it looks like you didn't do ...
by daggx
Sat Jun 22, 2013 12:27 am
Forum: General Talk
Topic: Missed Early Prosecution meeting
Replies: 9
Views: 14833

Re: Missed Early Prosecution meeting

That is strange, there must be some kind of miscommunication going on between you and the court staff. As a matter of law you cannot be convicted simply for missing an early resolution meeting. The only answers I can think of are that either the court staff misunderstood what your were asking and thought you missed a court date when you in fact did ...
by daggx
Thu Jun 20, 2013 3:28 pm
Forum: General Talk
Topic: Missed Early Prosecution meeting
Replies: 9
Views: 14833

Re: Missed Early Prosecution meeting

If all you missed was an early resolution meeting than that is not that big a deal and you can probably handle it without the help of a paralegal. All you need to do is call the prosecutors office and reschedule the meeting. If they can't fit you in before your court date you will still have the opportunity to talk to the prosecutor on the day of ...
by daggx
Sat Jun 15, 2013 1:51 pm
Forum: General Talk
Topic: New York to Ontario Abstract
Replies: 2
Views: 1997

Re: New York to Ontario Abstract

Any ticket issued under New York State's Vehicle and Traffic Law will appear on your Ontario Driver's Abstract as long as there is an equivalent offence in the Ontario Highway Traffic Act. Even if there are no points attached to the offence there will still be an entry on your driver's abstract. Tickets issued under a county or municipal bylaw will ...
by daggx
Wed Jun 12, 2013 4:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No radar in sight - Should the officer have shown me?
Replies: 4
Views: 2861

Re: No radar in sight - Should the officer have shown me?

No, there is no rule in Ontario that says the police have to show you the radar gun. Some police officers will show it to you as a courtesy but they don't have to, so the fact that she didn't in this case won't help you in court.
by daggx
Wed Jun 05, 2013 9:36 pm
Forum: Commercial Vehicle Safety Alliance (CVSA)
Topic: MTO officer did not file the ticket in court after 7 days
Replies: 2
Views: 6702

Re: MTO officer did not file the ticket in court after 7 day

The person you talked to at the court is correct, the officer has to file the ticket with the court no later then 7 days after he issues it to you. I think the safety supervisor at your work may have misunderstood what you were asking. Because if an officer witnesses you commit an offence he can write you a ticket for that offence up to 30 days ...
by daggx
Mon Jun 03, 2013 10:22 am
Forum: General Talk
Topic: Paying A Ticket In Another County
Replies: 3
Views: 1675

Re: Paying A Ticket In Another County

Every ticket I`ve seen has the option to mail in a cheque or money order, the address should be on the back of the ticket. The only time you have to show up in person is if you are paying cash.
by daggx
Mon Jun 03, 2013 12:12 am
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain
Replies: 6
Views: 4406

Re: Failure to remain

If I were your friend I would definitely hire a lawyer or a paralegal who specializes in traffic cases, given the serious nature of the charges he is facing I would recommend against trying to go it alone in court. The driving while suspended charge and the failure to remain at the scene charge both carry the possibility of up to 6 months in jail ...
by daggx
Tue May 28, 2013 11:42 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Questions about a Littering Ticket
Replies: 8
Views: 8432

Re: Questions about a Littering Ticket

Do Bylaws stay on any of your records? (Like on a drivers abstract or even in something like a police background check)

No, as far as I know they do not appear in any kind of background check.

Is littering considered a non-moving violation? (For insurance purposes)

Insurance companies make no distinction between moving and non-moving ...
by daggx
Mon May 27, 2013 10:27 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Questions about a Littering Ticket
Replies: 8
Views: 8432

Re: Questions about a Littering Ticket

The above having been said, a littering ticket really is a very minor infraction so I wouldn't get too stressed about it. The only issue you might have is with your auto insurance company who might give you a minor rate increase, or they might forgive one minor ticket depending on their policy.

If you are worried about it you could always book a ...
by daggx
Mon May 27, 2013 9:57 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Questions about a Littering Ticket
Replies: 8
Views: 8432

Re: Questions about a Littering Ticket

Where can this ticket possibly show up? And who has the authorization to see it?

The only place it will show up is on your driving abstract. Anyone can order a copy of your 3-year uncertified drivers record if they are willing to pay the service fee. This is the version of your driving record that insurance companies can order because it is ...
by daggx
Mon May 27, 2013 4:40 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Questions about a Littering Ticket
Replies: 8
Views: 8432

Re: Questions about a Littering Ticket

1-No this is just a provincial offences ticket so it will not show up in a criminal records back ground check.

2-This depends on what law you were charged under. If you were charged under a municipal by-law then the record will be cleared as soon as you pay the fine. If you were charged under the Highway Traffic Act, it would be on your publicly ...
by daggx
Thu May 16, 2013 2:19 pm
Forum: General Talk
Topic: Fatal Error?
Replies: 3
Views: 1915

Re: Fatal Error?

Unfortunately London vs. Young only applies to tickets issued under part 1 of the Provincial Offences Act. Summonses are issued under part 3 of the Provincial Offences Act and are not covered by the London vs. Young ruling.
by daggx
Thu May 16, 2013 2:15 pm
Forum: General Talk
Topic: Driving record abstract while tickets under appeal
Replies: 2
Views: 2593

Re: Driving record abstract while tickets under appeal

I think they stay on with a notation that they are under appeal.
by daggx
Tue May 14, 2013 2:44 pm
Forum: Prohibited turns
Topic: 144(9) from "Keep Left" sign?
Replies: 14
Views: 6136

Re: 144(9) from "Keep Left" sign?

That whole intersection is a bit odd. While the keep left sign is an enforceable sign I wouldn't have thought it would apply to what you are describing. From Google Maps it looks like it is meant for people going straight ahead on Lake Shore to make sure they go to the left of the barrier there, so they don't wind up going westbound in the ...