Ontario Highway Traffic Act

I agree, however I doubt miscutsie is even looking at this site anymore

Actually, MissCutzie just started a thread yesterday about another careless driving charge: http://www.ontariohighwaytrafficact.com/topic6534.html

According to that new thread, the charges discussed here were " dropped by proving mechanical defect" . More details please!

287 wrote:
Can you provide any details as to how your strategy worked? There are so many here hoping to make the same happen.

Indeed, I'm sure most folks will be interested to hear how _both_ charges were dismissed.

holiday_mazda wrote:does anyone else have any info in this? I see some posts referring to mailed disclosures..

Depending on the jurisdiction, the disclosure materials can be scanned and then e-mailed out. Just over a year ago, I received disclosure via e-mail; the accident occurred in the City of Ottawa.

So from what I've been reading here it seems that the "Careless" Charge is being tossed around like confetti at a party tying up the court systems for what to try to get higher convictions for lesser charges?
FYI, the following article covers the topic of the careless driving charge being applied indiscriminately:

http://www.guelphmercury.com ...

Decatur wrote:If it's a homebuilt it might not even have a serial number and just the receipt should do.

Correct. Some years back, I purchased a home built trailer for $1.00 from a family member, and was able to register the trailer. The vehicle vehicle portion of the permit lists "HOME" as the 'Make', and the 'Model' field was left blank.

Furthermore, there is no "Option 2", i.e. request to meet with the prosecutor for early resolution (aka "First Attendance Meeting")
I should point out that my offence was being handled by the Chelsea court, but I assume the same pair of options exist throughout Quebec ("plea guilty" or "plea not guilty"). Of course there is the option to "plea ...

when I noticed that the "Service Date" is missing on the ticket. We are supposed to reply within 30 days of the Service Date as per the back of the ticket *Issued by les Collines de L'Outaouis*
Forgot to address the above point in the previous reply. Indeed the "Service Date" was also blank on my offence notice. Given that the notice was sent by ...

Anyone with this same experience?
Yes! I received the same ticket in the regular mail about 3 weeks after parking in a Camp Fortune parking lot. As you mentioned, I discovered this was a regular practice, i.e. for the Gatienau/Chelsea police to scour parking lots for expired Ontario plates (and apparently unlocked car doors!).

After some ...

And I would like to share my experience..

Thanks for providing an update, specifically the final outcome and your experience in the courtroom; it is most appreciated.

There are so many threads where help is requested, some replies are posted, then nothing. If folks could simply post a quick reply about what happened, even if it's decided to ...

I will have to double check my file folder at home, but I believe the City of Ottawa by-law was:

Traffic and Parking By-law No. 2003 - 530
PART "A": RULES OF THE ROAD
81. (3)

http://ottawa.ca/en/residents/laws-licenses-and-permits/laws/traffic-and-parking-law-no-2003-530-0/part-rules-road#obstructing

After checking my file folder, I can ...

Decatur wrote:Additionally, you've probably been found at fault by your insurance company under the Ontario fault determination rules. These rules apply regardless of whether there is a charge laid or not.

Correct. The insurance company determined that I was 100% at fault, and the decision was made regardless of the state of the HTA 141(5) charge.

Congrats. Sounds like you got a reasonable deal.
Thanks. Yes I figured it was a reasonable deal. As mentioned in the previous post, I was shooting for a "dismissal with costs" deal, but the by-law infraction was a reasonable counter-offer.



Out of curiosity, what jurisdiction was this? It seems like Crown's are becoming less inclined to offer ...

Update: The trial occurred a few days ago. I arrived at court early so that I could observe which witnesses actually showed up for the trial, and thus determine if a deal should be attempted with the prosecutor before the trial starts. The investigating police officer showed up (not really an issue since the officer didnt actually witness the ...

... it appears the prosecutor might be subpoena the witness and the other driver to appear in court. Is this information typically provided with the disclosure, or is this a question that needs to be explicitly posed to the prosecutor?

Talked to the prosecutor today, and indeed the other driver and witness have been subpoenaed to appear in ...

I've performed some reading about the court proceedings, but I am not sure exactly how to "tell my story". At this point, I am thinking of posing the following questions to the investigating officer during cross examination:


Reading a bit more on this forum, it appears the prosecutor might be subpoena the witness and the other driver to appear ...