Search found 396 matches

by daggx
Thu Nov 01, 2012 9:35 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light conviction question
Replies: 18
Views: 8355

Re: Red light conviction question

Daggx,

Thanks for the reply! I hope you'll be able to give me some guidance in my situation, it will be greatly appreciated!

Wondering, how long after your application for appeal to you have your court date?

Thanks again

No problem, I'm happy to help any way I can. I filed my appeal on the 10th of August and my court date was the 9th of ...
by daggx
Tue Oct 30, 2012 3:23 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light conviction question
Replies: 18
Views: 8355

Re: Red light conviction question

I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect. If you win your appeal you will receive a full ...
by daggx
Sat Oct 13, 2012 7:56 pm
Forum: Failing to remain at the scene of a collision
Topic: hit and run failure to remain
Replies: 10
Views: 11239

Re: hit and run failure to remain

If this guy is being difficult I would just report the matter to your insurance company and let them handle the situation from here on out.
by daggx
Wed Oct 10, 2012 4:21 pm
Forum: Driving the wrong way on a divided road
Topic: 156 (1) (a) Drive wrong way - divided highway
Replies: 6
Views: 7388

Re: 156 (1) (a) Drive wrong way - divided highway

This might almost be worth filing an appeal and seeing what an appellate level judge thinks, some times technical arguments are lost on some of the lower level JPs.
by daggx
Wed Oct 10, 2012 2:36 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Ticket at airport not HTA violation?
Replies: 5
Views: 4257

Re: Ticket at airport not HTA violation?

I am assuming there is no court date listed on the ticket, so it is not a summons. Normally I would say that a missing fine was a slam dunk fatal error and you could use the procedure set out in London v. Young. However your ticket was issued under the Federal Traffic on the Land Side of Airports Regulations, under the authority of the Federal ...
by daggx
Thu Oct 04, 2012 12:59 am
Forum: General Talk
Topic: Not sure if I got a ticket or not
Replies: 3
Views: 1754

Re: Not sure if I got a ticket or not

I think you are in the clear. Normally if they are going to ticket you they will do it on the spot. The only times I've heard of them serving people after the fact is if there was an accident and an investigation was needed to determine what happened or when they are acting on a report from 3rd party, like if a school bus driver got the plate of ...
by daggx
Tue Sep 25, 2012 10:02 pm
Forum: General Talk
Topic: are cops subject to the HTA too?
Replies: 27
Views: 10335

Re: are cops subject to the HTA too?

Im just confused. so what is subsections 106 (2), (3) and (4)? i thought that didnt include subsection 8?

Hi Julio,

I've put little one line explanations next to each subsection, I've also included a link to the HTA in case you want to read the whole section.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK172 ...
by daggx
Tue Sep 25, 2012 3:57 pm
Forum: General Talk
Topic: are cops subject to the HTA too?
Replies: 27
Views: 10335

Re: are cops subject to the HTA too?

Julio wrote:So he committed an offence by transporting my child without a car seat which I offered to?
No, the regulation that Stanton posted says that a police officer and any passengers he is transporting are exempt from the seat belt provisions of the Highway Traffic Act, including the section requiring child seats.
by daggx
Fri Sep 21, 2012 2:45 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: First post: Is there a speed allowance for overtaking?
Replies: 7
Views: 5318

Re: First post: Is there a speed allowance for overtaking?

"Absolute liability offense." Thanks for the education.

Guess I shall just pay the ticket and file the whole experience under "Suck it up, Buttercup."

If it were me I would still contest it. Some times the police make technical errors that can be used as a defense. If you pick option three on the ticket and request a trial, you can then request ...
by daggx
Fri Sep 21, 2012 2:40 am
Forum: Racing
Topic: 180 in a 100 zone - charged with racing a motor vehicle
Replies: 10
Views: 6869

Re: 180 in a 100 zone - charged with racing a motor vehicle

Thanks for your quick and straight forward replies guys.

I'm going to look for some quotes from paralegals tomorrow. To be honest, I just don't really understand what a paralegal will do for me. They can't change the facts of my case - that I committed the crime and I don't have a leg to stand on in terms of my defence. Can a paralegal do ...
by daggx
Wed Sep 19, 2012 7:02 pm
Forum: General Talk
Topic: Travelling out of country with prior conviction
Replies: 3
Views: 1810

Re: Travelling out of country with prior conviction

Even if you have a conviction and have no outstanding fines or jail time, why wouldn't you be allowed to leave the country?

This is not the USA.

Quite true, Canadian authorities wouldn't care if someone with convictions left the country, as long as they weren't on probation or parole and did not have any outstanding warrants. If a problem were ...
by daggx
Tue Sep 18, 2012 10:15 pm
Forum: General Talk
Topic: Travelling out of country with prior conviction
Replies: 3
Views: 1810

Re: Travelling out of country with prior conviction

Driving without insurance is covered under the Compulsory Automobile Insurance Act and is a provincial offence not a criminal charge. As far as I know traffic offences do not cause problems crossing the border. If you want to be 100% sure you can always check with the embassy of the country you are traveling too, but I personally wouldn't worry ...
by daggx
Tue Sep 18, 2012 3:29 am
Forum: Courts and Procedure
Topic: Roadside Suspension
Replies: 27
Views: 26045

Re: Roadside Suspension

I don't think an ADLS would show at the airport. I think Customs only checks to see if there is any history of smuggling or trying dodge duties and taxes, any immigration holds that may have been placed on you, and if you have a criminal record or any outstanding warrants. Even if they can see it I don't think it would effect your ability to enter ...
by daggx
Sat Sep 15, 2012 5:14 pm
Forum: General Talk
Topic: Not at-fault, not using insurance - need multiple quotes?
Replies: 6
Views: 2735

Re: Not at-fault, not using insurance - need multiple quotes

I would imagine that all the online literature would tell you to file a report and go through your insurance company. If you choose not to do that then you are operating in a grey zone where there are no hard and fast rules. Since she is the one who wants to handle it without the insurance company, and since it sounds like the accident was her ...
by daggx
Wed Sep 12, 2012 2:11 pm
Forum: Failing to stop for a school bus
Topic: unintentionally failing to stop for a school bus
Replies: 3
Views: 6962

Re: unintentionally failing to stop for a school bus

The worst thing that could happen at this point is that your sister in law gets charged as the owner of the vehicle. If she is charged this way the ticket will not show up on her driving record as they can't prove she was the driver, much like a red light camera ticket. If that happens you can take the ticket from her and either fight it or pay it ...
by daggx
Mon Sep 03, 2012 11:08 pm
Forum: Courts and Procedure
Topic: when do convictions dissapear?
Replies: 5
Views: 2890

Re: when do convictions dissapear?

It depends what kind of driving abstract you ordered. There several different types you can order, one shows the past 3 years of driving history, one shows the past 5 years and one shows your entire driving history going back to when you first got your licence. The 5 year abstract and the life time abstract are restricted and can only be ordered by ...
by daggx
Mon Sep 03, 2012 3:27 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Tailgattors and could not switch lanes
Replies: 5
Views: 3771

Re: Tailgattors and could not switch lanes

The insurance companies don't look at the number of demerit points you have, only the number of convictions and whether those convictions were for major or minor offences. So offences with no demerit points can still effect your insurance. They typically only take into account the last three years of your driving history so you don't need to worry ...
by daggx
Wed Aug 22, 2012 3:40 pm
Forum: General Talk
Topic: Question about waiting for trial?
Replies: 1
Views: 1450

Re: Question about waiting for trial?

You can call the court house where you filed for your trial, the number is on the back of the ticket. If you don't have the ticket anymore you should be able to look it up on the website of the city where you got the ticket.
by daggx
Sat Aug 04, 2012 12:20 am
Forum: General Talk
Topic: Ridiculous HOV ticket, with a green plated vehicle
Replies: 7
Views: 10793

Re: Ridiculous HOV ticket, with a green plated vehicle

I found the specific regulation that allows vehicles with green plates to be in the HOV lane. It is O. Reg. 620/05, s. 2 ss. 9. If you meet with the prosecutor I would print a copy out and take it with you in case he or she isn't familiar with it. I have pasted in the link to it below.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs ...
by daggx
Fri Aug 03, 2012 11:51 pm
Forum: General Talk
Topic: Ridiculous HOV ticket, with a green plated vehicle
Replies: 7
Views: 10793

Re: Ridiculous HOV ticket, with a green plated vehicle

You can call the courthouse and see if you can get an early resolution meeting with the prosecutor, your case is so clear cut that they will almost certainly withdraw the charge. Unfortunately you will still have to go down there and meet with them in person, however the meeting will probably be quicker then a trial. If you can find it I would ...
by daggx
Fri Aug 03, 2012 3:21 pm
Forum: Improper right turn
Topic: Frequency of Tickets?
Replies: 1
Views: 2541

Re: Frequency of Tickets?

I'm not totally clear on what you are asking but I will take a stab at it. If you made the turn 5 times and there was police officer there each time then yes they could ticket you for each turn. If there was no police officer there at the time you made the turns then there will be no ticket as the authorities will have no way of knowing that you ...
by daggx
Wed Jul 11, 2012 9:35 pm
Forum: Driving While Suspended
Topic: not a repost but similar situation as other people here
Replies: 3
Views: 2131

Re: not a repost but similar situation as other people here

Since jail time is a real possibility I would hire a paralegal if you can at all afford it. They know the system and will best be able to tell you whether you have a case to fight the charges or whether they might be able to work out a deal that will keep you from getting locked up.
by daggx
Mon Jul 09, 2012 11:50 pm
Forum: General Talk
Topic: What might happen to my parents' insurance?
Replies: 3
Views: 1956

Re: What might happen to my parents' insurance?

If this is several years old and nobody has said anything by now, I really wouldn't worry about it. What ever damage may have been done I'm sure has long since been dealt with. Anyway even if you somehow manage to find the owner of the car, and if that person finds damage, that person will still not be able to make an insurance claim. The accident ...
by daggx
Mon Jul 09, 2012 6:04 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 33km over in an 80
Replies: 7
Views: 2373

Re: 33km over in an 80

Yes filing for trial was the correct thing to do. You should have a chance to meet with the prosecutor on the day your trial is scheduled at which time you can try to work out a plea deal or decide to fight. In the mean time start preparing as if you are going to take it all the way to trial, that will show the prosecution that you are serious ...
by daggx
Tue Jul 03, 2012 2:23 pm
Forum: General Talk
Topic: Weird questions at traffic stop
Replies: 3
Views: 1722

Re: Weird questions at traffic stop

One of the officers who post here might know better, but the only thing I can think of is that she might have been trying to engage you in conversation to see if you were drunk. The more you talk the more she can look for signs of impairment like slurred speech or trouble remembering basic facts like your own eye colour.
by daggx
Sun Jul 01, 2012 4:09 am
Forum: Careless Driving
Topic: almost hit biker on sidewalk
Replies: 3
Views: 2132

Re: almost hit biker on sidewalk

I guess theoretically your friend could be charged under section 142 (1) of the Highway Traffic Act for Turn Not in Safety, but the cyclists could also be charged for riding on the sidewalk. Bicycles riding on the sidewalk would be covered by a municipal by-law, so the exact charge for them would depend on what city this happened in. That all ...
by daggx
Thu Jun 21, 2012 3:51 am
Forum: General Talk
Topic: Incorrect set fine, incorrect total payable
Replies: 7
Views: 3604

Re: Incorrect set fine, incorrect total payable

I believe the Crown has 6 months from the time the offence took place to issue a summons. So theoretically if you went to the first attendance meeting and pointed out the error on the ticket to the Crown they could withdraw the ticket that has the error on it and issue you summons to court. This would correct the error and eliminate the advantage ...
by daggx
Sun Jun 10, 2012 6:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light - right turn ( My first ticket )
Replies: 2
Views: 3219

Re: Fail to stop at red light - right turn ( My first ticket

When you get your court date in the mail make sure to file a disclosure request and get a copy of the video tape from the officers dashboard camera. If the video shows that you were in fact stopped at the red light then that would really help your case. There should be a sample disclosure letter in the court procedures section of this site.
by daggx
Fri Jun 08, 2012 10:20 pm
Forum: Driving While Suspended
Topic: Speeding Ticket Near Timmins Ontario
Replies: 2
Views: 2147

Re: Speeding Ticket Near Timmins Ontario

I could be wrong but I believe that if you don't show up they can only convict you of what is on the ticket although they will add a $5 court fee. That having been said if you are thinking of not showing up I would call the prosecutor and see if he is willing to plea bargain with you to a lower speed, the worst thing he can do is say no and you ...
by daggx
Sat Jun 02, 2012 8:36 pm
Forum: General Talk
Topic: Breathalyzer Test
Replies: 6
Views: 3931

Re: Breathalyzer Test

As manwithaplan said this will not show on your driving record as it only shows convictions, suspensions and number of demerit points. The officer may have filled out a contact card with your information which would be kept on file at the local police division, but that information would only be available to officers within the Toronto Police ...