Search found 396 matches

by daggx
Tue Aug 15, 2017 11:31 pm
Forum: General Talk
Topic: Undemocratic Parking Ticket Administrative Monetary Penalty
Replies: 8
Views: 4177

Re: Undemocratic Parking Ticket Administrative Monetary Pena

Toronto will be introducing an Administrative Monetary Penalty system for parking tickets starting on August 28th. The bylaw enabling this was quietly passed back in March. This means that you will no longer be able to argue a Toronto parking ticket in Provincial Offences Court, but instead will have to make your case to a city appointed arbitrator ...
by daggx
Mon Jul 31, 2017 5:06 pm
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
Replies: 10
Views: 13387

Re: Received red light camera ticket

So should I select option 1, go to trial and try requesting a reduction of the fine ?

If you would like to plea bargain for a lower fine then select option 1 and request a trial. You can meet with the prosecutor on the day of your trial and see if they are willing to offer you a reduced fine. While there are no guarantees, it is very likely that ...
by daggx
Mon Jul 31, 2017 4:56 pm
Forum: General Talk
Topic: What Can I say to the officer during a traffic stop
Replies: 16
Views: 8970

Re: What Can I say to the officer during a traffic stop

As others have said, be polite and hand over your licence and vehicle documents when asked, but watch your self to make sure you don't say anything incriminating. My goal during a traffic stop is to be as forgettable as possible so that come court time the cop doesn't remember anything about me except for what he has scribbled in his notes. If you ...
by daggx
Fri Jul 21, 2017 1:30 am
Forum: General Talk
Topic: I missed my Early Resolution Meeting, what should I do?
Replies: 3
Views: 7884

Re: I missed my Early Resolution Meeting, what should I do?

I would call the court house ASAP and see if they have gotten a default judgment against you yet. If they haven't then you may be able to reschedule the meeting or plead not guilty and set a date for trial. If they have gotten a judgment against you then you should do what Whenaxis said in their post.
by daggx
Tue Jul 04, 2017 9:05 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Missing drivers license number
Replies: 6
Views: 4138

Re: Missing drivers license number

If the ticket has your correct name, birth date and address on it then the ticket will be considered valid. The information just has to be enough to correctly identify you as the person being charged.
by daggx
Mon Jun 26, 2017 8:33 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 15368

Re: Failure to Stop at Red Light Defense?

That is good news, it is nice when you win without even having to go to trial.
by daggx
Mon Jun 12, 2017 8:53 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 15368

Re: Failure to Stop at Red Light Defense?

The best course of action in this case might be to file for a court date and request disclosure including a copy of the certificate of offence the officer submitted to the court. If the copy that was submitted to the court has the same error as your copy then you can skip your court date and force a default hearing. If the officer fixed the problem ...
by daggx
Sun Jun 11, 2017 5:48 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 15368

Re: Failure to Stop at Red Light Defense?

How can you tell that the fine amount is incorrect?

The set fines for each offence are listed on the Ontario Court of Justice website:
http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/

Then you have to add in the victim surcharge which is listed here:
https://www.ontario.ca/laws/regulation/000161

Then on top of that ...
by daggx
Thu Jun 08, 2017 10:10 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 15368

Re: Failure to Stop at Red Light Defense?

Mens rea does not matter for provincial offences. This is not a criminal matter. How far into the intersection were you? If you were just a little across the line and, say, blocking part of the pedestrian crossing area, many police officers wouldn't bother you. Unfortunately, the drivers behind you weren't polite enough to give you room to back up ...
by daggx
Wed Jun 07, 2017 10:25 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 15368

Re: Failure to Stop at Red Light Defense?

Shouldn't the total payable for fail to stop red light be $325?
by daggx
Mon May 29, 2017 8:37 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 14302

Re: Failed to stop for school bus

If the bus driver did write down your plate number then a ticket might be issued in your husband's name as the owner of the car. The good news is that tickets issued to the owner of a car don't carry any demerit points and don't impact insurance, the fine can be up to $2000 though. If your husband decided to take the matter to court the bus driver ...
by daggx
Thu May 11, 2017 11:52 pm
Forum: Criminal Offences
Topic: B license and criminal record
Replies: 4
Views: 3892

Re: B license and criminal record

I think it will show up as they are authorized to disclose information on any charges that are still pending, so you may want to wait until after you get the absolute discharge. I've attached a link the law that governs what information can be disclosed and under what circumstances. The chart on the last page offers a handy summery of what will be ...
by daggx
Tue Apr 18, 2017 5:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 km/h over & fail to surrender permit MV- First Offense
Replies: 11
Views: 4640

Re: 49 km/h over & fail to surrender permit MV- First Offens

I would still plead not guilty and request disclosure to make sure the cops have all their ducks in a row. I would then meet with the prosecutor before your trial to see if you can work out a deal for a reduction. If the prosecutor won't offer you any kind of deal you can still plead guilty to the charges on your trial date and see if the JP will ...
by daggx
Mon Apr 17, 2017 12:50 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 km/h over & fail to surrender permit MV- First Offense
Replies: 11
Views: 4640

Re: 49 km/h over & fail to surrender permit MV- First Offens

150 over the limit is considered a major offence for insurance purposes. If the officer reduced the speed from over 150 to under 150, that is a problem because at trial they can have the court consider the original speed you were clocked at. If that speed was over 150 then that would be a major conviction for insurance purposes.
by daggx
Sun Apr 16, 2017 8:40 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 km/h over & fail to surrender permit MV- First Offense
Replies: 11
Views: 4640

Re: 49 km/h over & fail to surrender permit MV- First Offens

If I were in your shoes I would file both tickets for trial with the officer present, once you get your trial date in the mail you can file a disclosure request with the court to get a copy of the officer's notes. Once you have that you can post them here and the good people on this board can take a look and see if there is any obvious way to beat ...
by daggx
Fri Apr 07, 2017 11:36 pm
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 13013

Re: got pulled over on a bridge bus lane in Ottawa

You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.

If I were in your position, I wouldn't show up for trial. If the JP catches ...
by daggx
Thu Apr 06, 2017 9:24 pm
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 13013

Re: got pulled over on a bridge bus lane in Ottawa

Can you provide a linkt to S.4(1) and S. 182(2)
I'm looking here but I can't find much in this document:
https://www.canlii.org/en/ca/laws/regu/crc-c-1044/latest/crc-c-1044.html

I'm pretty sure it was indeed an RCMP officer as I've seen them on that bridge before. Are you saying that the chances of getting it quashed over the incorrect charge are ...
by daggx
Sun Mar 19, 2017 9:01 pm
Forum: Parking Tickets
Topic: Disputing Parking Tickets but still can't renew sticker...
Replies: 9
Views: 5189

Re: Disputing Parking Tickets but still can't renew sticker.

I'm glad to hear that you were finally able to get a hold of someone who actually took ownership of the problem instead of just trying to pass the buck off to someone else. It sucks that you had to do so much running around to solve what was a relatively simple problem.
by daggx
Fri Mar 17, 2017 2:25 am
Forum: Compulsory Automobile Insurance Act
Topic: No insurance ticket
Replies: 14
Views: 5198

Re: No insurance ticket

If you can get a letter from your insurance company saying that you were covered for that car during the time period when you got the ticket then you should be able to have the no insurance charge withdrawn. That will still leave you with the Use plate not in accordance with Act charge, however if nothing else the fine for that one is a lot lower.
by daggx
Wed Mar 15, 2017 5:44 pm
Forum: Parking Tickets
Topic: Parking ticket
Replies: 2
Views: 3029

Re: Parking ticket

This will depend on what exactly the ticket was for and what the bylaws in your city say about where you can park with a disabled parking pass. Some cities have exemptions for disabled parking pass holders to park in no parking zones or to exceed the maximum on street parking time limits and some don't.
by daggx
Sat Mar 04, 2017 9:37 am
Forum: Failing to stop for a school bus
Topic: rental vehicle failing to stop school bus
Replies: 3
Views: 4461

Re: rental vehicle failing to stop school bus

I doubt they will come to your door as they won't be able to prove that it was you driving the car. If they do come to your door exercise your right to remain silent and do not confirm that you were the one driving, you don't have to lie, just don't answer the question. Normally in this situation the owner of the car gets charged. The High Way ...
by daggx
Fri Feb 24, 2017 12:21 am
Forum: Parking Tickets
Topic: Disputing Parking Tickets but still can't renew sticker...
Replies: 9
Views: 5189

Re: Disputing Parking Tickets but still can't renew sticker.

This is definitely not normal, somebody either at MTO, the court house or Service Ontario has screwed up and they are not owning up to it. It sucks that all these entities are pointing the finger at each other instead of working to resolve the problem. If you haven't already, see if you can get a hold of a supervisor at MTO and see if they are ...
by daggx
Tue Feb 14, 2017 12:30 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ticket not signed by officer
Replies: 9
Views: 10293

Re: ticket not signed by officer

In times past this would have been a slam dunk fatal error. However with the recent decision in R v Wadood, that Decatur linked to above, this is now not so certain. That decision allows officer's to correct errors on the ticket before submitting it to the court. It is then up to the defendant to prove that the error materially prejudiced their ...
by daggx
Tue Feb 07, 2017 6:26 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 25895

Re: Missing Set Fine - Missing Total Payable

Excellent! Congrats on the win.
by daggx
Thu Feb 02, 2017 9:19 pm
Forum: General Talk
Topic: Someone took a photo of my license plate
Replies: 12
Views: 17621

Re: Someone took a photo of my license plate

While it is theoretically possible for the police to issue a ticket based on the other driver's witness statement, I think they probably won't. Police forces in the GTA are usually too busy to follow up on something like this. I think to placate the other driver they may send you a warning letter but that is probably it. However, if they do decide ...
by daggx
Tue Jan 31, 2017 11:28 pm
Forum: Hand-held devices
Topic: Handheld device - at red light - need advice
Replies: 11
Views: 5289

Re: Handheld device - at red light - need advice

My experience with early resolution is meet with the prosecutor at their office in Barrie and then come back on trial date to Oriilia or Penetanguishene court house (where ever is was scheduled). Orillia and Penetang only have certain days for court and the prosecutors do not have an office in those locations. So I guess it would not hurt to call ...
by daggx
Thu Jan 19, 2017 8:33 pm
Forum: Courts and Procedure
Topic: Cops can fix small errors on tickets after issuing them
Replies: 4
Views: 3725

Cops can fix small errors on tickets after issuing them

The Ontario Court of Appeal came out with a new ruling today that will effect those of us who might wish to use the London v. Young defence. It seems that the court has said that if a cop notices an error on a ticket before filing it he or she can change it on their copy before filing to with the court. In order to get the ticket quashed you will ...
by daggx
Sat Jan 14, 2017 9:52 pm
Forum: Red Light Camera Ticket
Topic: Will I get ticket for passing Amber light?
Replies: 9
Views: 18612

Re: Will I get ticket for passing Amber light?

The red light cameras will only activate if you enter the intersection on a red light, they aren't set up to detect yellow light infractions. Since you entered on a yellow light you will not get a ticket from the red light camera. The only way you could have gotten a yellow light ticket would have been if there had happened to be a police officer ...
by daggx
Sat Jan 14, 2017 9:23 pm
Forum: Red Light Camera Ticket
Topic: Will I get ticket for passing Amber light?
Replies: 9
Views: 18612

Re: Will I get ticket for passing Amber light?

The video link isn't working. However, from your description you could possibly get a ticket for failing to stop for the yellow light. Under the highway traffic act you have to stop for a yellow light if you can do so safely, the fine for failing to stop for a yellow light is $150 with a total payable of $180 after they add in court costs and ...
by daggx
Thu Jan 05, 2017 12:36 am
Forum: General Talk
Topic: Cell Phone Ticket. Need Advice
Replies: 29
Views: 12335

Re: Cell Phone Ticket. Need Advice

Did the officer neglect to put a location on this ticket or did you blank it out for privacy reasons? If the location is missing does anyone know if that still constitutes a fatal error? I know ticket combat says that no location is a fatal error, but the info on that site is quite old.