Search found 396 matches

by daggx
Tue May 14, 2013 2:46 am
Forum: Prohibited turns
Topic: 144(9) from "Keep Left" sign?
Replies: 14
Views: 6136

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

The only thing I can think of is that there is a no left turn on to Fleet St. sign posted for people going northbound on Bathurst. If you are going westbound on Lake Shore you have to make a right onto Bathurst and then a quick left onto Fleet St. I wounder if he is alleging that this violates the no left turn sign posted for northbound traffic on ...
by daggx
Thu May 09, 2013 4:35 pm
Forum: Driving While Suspended
Topic: Accident with suspended license
Replies: 4
Views: 5121

Re: Accident with suspended license

I'm surprised they didn't charge you with driving on a suspended licence, consider that a lucky brake. As for the lawyers letter, normally I would say pass it on to your insurance company and let them handle it. However I'm guessing that your insurance probably won't cover you if you did not have a valid licence at the time of the accident ...
by daggx
Wed May 01, 2013 3:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Mistakes on a speeding ticket
Replies: 2
Views: 2029

Re: Mistakes on a speeding ticket

This looks like a scenario where you could use the London vs. Young strategy since your ticket has a fatal error. Follow the link below and scroll down to the section on Incorrect Fine Amounts and How to Force a Fatal Error. Take a look and if you have any questions feel free to ask. http://www.ticketcombat.com/offences/fi ... forceerror
by daggx
Wed May 01, 2013 3:13 pm
Forum: General Talk
Topic: California Plates on 407
Replies: 7
Views: 2330

Re: California Plates on 407

I think these are part 3 summonses so the 'meet with prosecutor' option doesn't apply. You will however have a chance to talk with the prosecutor on the court date before you go in front of the Justice of the Peace.
by daggx
Tue Apr 30, 2013 4:58 pm
Forum: General Talk
Topic: California Plates on 407
Replies: 7
Views: 2330

Re: California Plates on 407

1. If you bring proof that you had valid insurance at the time of the traffic stop, the prosecutor should withdraw this charge.

2. The 407's own website says that US plates are allowed on the free way without a transponder as long as you are driving a light vehicle. So unless there is some clause in the 407 act that I'm not aware of I think this ...
by daggx
Sun Apr 28, 2013 8:56 pm
Forum: Driver failing to wear a seat belt
Topic: Got a ticket for Not wearing seatbelts in backseat !!!
Replies: 6
Views: 12103

Re: Got a ticket for Not wearing seatbelts in backseat !!!

Your best bet in this case is to probably plea bargain for a reduced fine based on the fact that you and your wife are low income. Book an early resolution meeting for you and your wife and see what the prosecutor offers you. If you don't like his offer you can still go for trial later if you want.
by daggx
Sat Apr 27, 2013 3:24 pm
Forum: General Talk
Topic: Need Direction about getting license back
Replies: 8
Views: 5750

Re: Need Direction about getting license back

It is possible to enter into a payment plan to get your licence reinstated. You will have to make a down payment on the fines you owe and continue to make monthly payments there after. You will also have to pay a licence reinstatement fee which has unfortunately gone up to $150.00. Also since you had a G2 that has now expired you may have to start ...
by daggx
Sat Apr 27, 2013 2:58 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

I did this with a red light ticket I got back in 2011 where both the set fine and total payable were wrong. I chose to ignore the ticket and did not choose option 3. I was convicted by default, but I appealed that decision and won. This is just my personal opinion but I think if you are for sure going with the London v. Young, default and appeal ...
by daggx
Wed Apr 24, 2013 7:25 pm
Forum: Prohibited turns
Topic: Disobey signs changed to Park or Stand on Highway
Replies: 4
Views: 3215

Re: Disobey signs changed to Park or Stand on Highway

Interesting, do we know if section 170 usually charged against the owner or the driver of the vehicle?
by daggx
Wed Apr 24, 2013 2:31 pm
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

Hi Musketeer,

Forcing a fatal error, as in ignoring the ticket and appealing if they get a default judgment against you, should work in your situation. There are two cases you should look at:

1. London (City) v. Young at paragraph 16 mentions situations where the set fine was wrong and the total payable was correct. http://www.ontariocourts.on ...
by daggx
Tue Apr 23, 2013 11:22 pm
Forum: General Talk
Topic: Help! Finding form like finding a unicorn!!
Replies: 1
Views: 1346

Re: Help! Finding form like finding a unicorn!!

That is odd and I'm a little unclear as to which form your doctor is asking for.

If he is looking for the form to file a medical report to the ministry you can download that here: http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&ENV=WWE&NO=023-SR-LC-097

If he is talking about the form to appeal ...
by daggx
Tue Apr 16, 2013 9:07 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Was the copy giving me a birthday present?
Replies: 14
Views: 3998

Re: Was the copy giving me a birthday present?

Hi Musketeer,

Forcing a fatal error, as in ignoring the ticket and appealing if they get a default judgment against you, should work in your situation. There are two cases you should look at:

1. London (City) v. Young at paragraph 16 mentions situations where the set fine was wrong and the total payable was correct. http://www.ontariocourts.on ...
by daggx
Sat Apr 13, 2013 5:14 pm
Forum: General Talk
Topic: Paying Speeding Ticket Online
Replies: 2
Views: 2495

Re: Paying Speeding Ticket Online

I imagine your payment will be processed on Monday, but you can check your on-line credit card statement to see when it comes through. Also like HPTO said it usually takes them a while to actually send a ticket through the default process, while the ticket says they will do it after 15 days it usually takes more like 30-45 days for them to do ...
by daggx
Tue Apr 09, 2013 11:42 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Was the copy giving me a birthday present?
Replies: 14
Views: 3998

Re: Was the copy giving me a birthday present?

People have won in cases where the the set fine was correct and the total payable was wrong. Read this contributors experence for a case in point. Link: http://www.ontariohighwaytrafficact.com/topic2521.html
by daggx
Mon Apr 08, 2013 8:44 pm
Forum: Courts and Procedure
Topic: Out of town trial, no disclosure, trial April 11?
Replies: 17
Views: 8982

Re: Out of town trial, no disclosure, trial April 11?

I agree with the others the court will consider giving the disclosure to your representative sufficient. Have your Father in Law send it down to you and lets see what is in it. Once you know what evidence they have, you can start building a proper defense.
by daggx
Mon Apr 08, 2013 8:30 am
Forum: General Talk
Topic: failing to display two plates
Replies: 2
Views: 2116

Re: failing to display two plates

Correct, if you pick option 2-(Guilty with explanation) then it is the same as being found guilty at trial. The conviction will appear on your record, in this situation the Justice of the Peace can adjust the fine imposed but he can't dismiss the charge. If you want a shot at getting the charge dismissed you need to pick option 3 and request a ...
by daggx
Fri Apr 05, 2013 1:11 am
Forum: Courts and Procedure
Topic: Out of town trial, no disclosure, trial April 11?
Replies: 17
Views: 8982

Re: Out of town trial, no disclosure, trial April 11?

If you can get a note from your doctor you can have someone, like your father in law, appear at court on your assigned court date and tell the Justice of the Peace that you have become too ill to attend. At that point they will probably reschedule your court date to a later time. The final decision on whether to allow you to reschedule your court ...
by daggx
Thu Apr 04, 2013 8:34 pm
Forum: Courts and Procedure
Topic: Out of town trial, no disclosure, trial April 11?
Replies: 17
Views: 8982

Re: Out of town trial, no disclosure, trial April 11?

Unfortunately someone is going to have to show up on your court date otherwise you will be convicted by default. Is your trial at the Blind River or the Sault Ste Marie court? You can send your father in law and see if he feels up to asking to have your trial delayed because of the lack of disclosure, however if he is unfamiliar with the court ...
by daggx
Fri Mar 15, 2013 10:57 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain for scraping a pole?
Replies: 8
Views: 11381

Re: Failure to remain for scraping a pole?

Thanks for posting that Stanton, looks like the Court of Appeal has made it clear that accidents on private property must indeed be reported. I think I got confused between HTA section 200 which covers fail to remain at the scene of an accident which only applies on a highway vs section 199 which covers reporting an accident which is applicable ...
by daggx
Fri Mar 15, 2013 2:06 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain for scraping a pole?
Replies: 8
Views: 11381

Re: Failure to remain for scraping a pole?

It sounds like the accident happened on private property, if that is true then you won't be facing any charges under the Highway Traffic Act. The Criminal Code charge of Failing to stop at the scene of an accident also doesn't seem to apply since it was a single car accident with no other vehicles or people involved. If you caused significant ...
by daggx
Thu Mar 14, 2013 10:12 pm
Forum: Compulsory Automobile Insurance Act
Topic: Can I appeal this charge?
Replies: 1
Views: 2005

Re: Can I appeal this charge?

If you actually got this ticket and paid it, then it is too late to do anything about it. On the other hand if you don't remember getting this ticket then I would double check to make sure you haven't been the victim of identity theft. If you can show that someone else got this ticket and was using your name, then you can probably have the ...
by daggx
Wed Mar 13, 2013 1:49 pm
Forum: General Talk
Topic: Speeding Ticket lowered, but insurance hike may get me fired
Replies: 7
Views: 3061

Re: Speeding Ticket lowered, but insurance hike may get me f

1. The court date you get in the mail will be your actual trial date, so have everything ready to go on that day.

2. You can request disclosure by fax, just make sure to keep a copy of the confirmation page printed by the fax machine so that if the prosecutor claims they never got it you have something to prove to the court that you did in fact ...
by daggx
Mon Mar 11, 2013 3:50 pm
Forum: Courts and Procedure
Topic: How to appeal 11b decision
Replies: 5
Views: 3015

Re: How to appeal 11b decision

One of the paralegals on here might correct me but I think if something like this happens you are better off to plead not guilty, even if you don't have much of a case. I believe it is a lot more strait forward to appeal a conviction then it is to try and get a plea bargain over turned.
by daggx
Mon Mar 11, 2013 3:36 pm
Forum: Courts and Procedure
Topic: Wrong Address
Replies: 2
Views: 2737

Re: Wrong Address

If you missed your court date because of this error then that would be a valid reason to have your case reopened and a new trial date set. I don't know whether it would be enough to have the ticket quashed outright though.
by daggx
Wed Feb 27, 2013 2:19 pm
Forum: General Talk
Topic: How to find case law?
Replies: 2
Views: 2117

Re: How to find case law?

Canlii is the most comprehensive database of Canadian case law out there, I would start your search there. Here is the link: http://www.canlii.org/en/

You can also try the Ontario Courts website. Here is the link: http://www.ontariocourts.ca/
by daggx
Thu Feb 21, 2013 1:21 pm
Forum: Driving While Suspended
Topic: suspended and need advice
Replies: 2
Views: 1722

Re: suspended and need advice

If you have 4 previous conviction for driving while suspended then unfortunately being sentenced to jail time is a distinct possibility. The maximum time they can sentence you to is 6 months. Given how serious the consequences of another conviction could be, I would hire a paralegal or a lawyer how specializes in traffic law. They know the system ...
by daggx
Mon Feb 18, 2013 9:38 pm
Forum: Failing to obey signs
Topic: No sign at place ticket given
Replies: 2
Views: 2031

Re: No sign at place ticket given

Sounds like you have a decent argument for getting this dropped but you will need some evidence that the sign isn't there. I would go back ASAP and see if you can get your own photo showing that there is no sign as the court won't except a Google Maps print out as evidence. There is a good thread on this site about getting pictures admitted as ...
by daggx
Mon Feb 18, 2013 9:31 pm
Forum: Prohibited turns
Topic: Proceed contrary to sign at intersection 144 (9)
Replies: 3
Views: 4799

Re: Proceed contrary to sign at intersection 144 (9)

I would go with option 3 and request disclosure, this will let you see if there are any holes in the prosecutions case and will leave open the option of filing a Charter challenge if the court date is too far away. Usually the prosecution will be willing to offer you a deal the day of the trial so if you look everything over and they seem to have ...
by daggx
Thu Feb 14, 2013 8:28 pm
Forum: Compulsory Automobile Insurance Act
Topic: Spelling error on proof of insurance - Ticketed
Replies: 4
Views: 2392

Re: Spelling error on proof of insurance - Ticketed

I would get your insurance company to send you a corrected slip, and then meet with the prosecutor. Like everyone else, I think it is likely that the prosecutor will withdraw the charge.
by daggx
Thu Feb 14, 2013 4:12 pm
Forum: General Talk
Topic: Are HTA offences considered civil or criminal?
Replies: 4
Views: 2327

Re: Are HTA offences considered civil or criminal?

No, these are what are known as provincial offences and their enabling legislation in Ontario is the provincial offences act. Provincial offences are heard in provincial offences court and these courts have procedures that differ from both civil and criminal courts.