Search found 380 matches
- Thu Feb 26, 2015 8:02 pm
- Forum: Failing to yield the right-of-way
- Topic: Please help find who's fault is this (dash cam video)
- Replies: 43
- Views: 14635
Re: Please help find who's fault is this (dash cam video)
From the 17 second mark, the crossover that is coming from the left is already in the intersection-----well before you are even in the intersection! Yes, the crossover should not have entered the intersection since it was certainly able to stop on the amber and may have even entered the intersection on the red (although the video doesn't ...
- Thu Feb 26, 2015 4:36 pm
- Forum: Careless Driving
- Topic: Is a Summons sent by email not legally binding?
- Replies: 7
- Views: 2528
Re: Is a Summons sent by email not legally binding?
daggx is correct in his citation of section 26 of the POA----service must be done personally. There is no mention of electronic service in the POA or Rules of the Ontario Court. So, unless the officer has motioned the court to allow alternative service, email service is invalid. I have no clue why the officer would think otherwise. That's why I'm ...
- Thu Feb 26, 2015 4:16 pm
- Forum: Failing to yield the right-of-way
- Topic: Please help find who's fault is this (dash cam video)
- Replies: 43
- Views: 14635
Re: Please help find who's fault is this (dash cam video)
Clearly, the vehicle with the dash cam is at fault on this one. There were still cars in the intersection (some making left turns) and he/she was already accelerating---failing to yield to traffic. The other car (the one that is coming from the left that is involved in the collision) is clearly in the intersection already before THEIR light turns ...
- Tue Feb 24, 2015 6:19 pm
- Forum: Compulsory Automobile Insurance Act
- Topic: question on insurance
- Replies: 3
- Views: 2887
Re: question on insurance
Most auto insurance policies in Ontario use the base policy set out by the Financial Services Commission of Ontario. Review your own insurance policy and you'll be surprised with how similar (if not exact) it is to the OAP1 .
If you check out section 1.4.1 of the OAP1, you'll see that it says:
"You agree to notify us promptly in writing of any ...
If you check out section 1.4.1 of the OAP1, you'll see that it says:
"You agree to notify us promptly in writing of any ...
- Mon Feb 23, 2015 4:36 pm
- Forum: Courts and Procedure
- Topic: 5 months since filing and no appeal date yet...
- Replies: 16
- Views: 6366
Re: 5 months since filing and no appeal date yet...
Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.
- Fri Feb 20, 2015 10:27 am
- Forum: Other Ontario Provincial Acts Related to Traffic
- Topic: Fail to Display Two Plates
- Replies: 5
- Views: 7170
Re: Fail to Display Two Plates
The offence of "Drive motor vehicle, fail to display two plates" (as per section 7(1)(b)(i)) carries an $85 set fine. If you'd like confirmation, then check out number 4 on the table of set fines which sets out the list of most offence names..
- Wed Feb 18, 2015 5:53 pm
- Forum: General Talk
- Topic: Disclosure Time Period?
- Replies: 6
- Views: 2672
Re: Disclosure Time Period?
You definitely do not want to wait until after you are arraigned (i.e. enter a plea) before arguing lack of disclosure. You should review the Stinchcombe decision by the Supreme Court where the court expressly states that the defence should bring to the attention of the trial judge at the earliest opportunity the lack of disclosure so as to avoid a ...
- Wed Feb 18, 2015 10:15 am
- Forum: General Talk
- Topic: Disclosure Time Period?
- Replies: 6
- Views: 2672
Re: Disclosure Time Period?
If you really want to argue for a stay, then send the prosecutor's office another letter but register mail it this time---with confirmation of signature! Make sure you specifically spell out the times you've previously requested disclosure. This is really just to corroborate things for the court. And, specifically set out in the letter that if you ...
- Tue Feb 17, 2015 5:21 pm
- Forum: General Talk
- Topic: Disclosure Time Period?
- Replies: 6
- Views: 2672
Re: Disclosure Time Period?
Just curious----have you been requesting the disclosure from the actual prosecution's office or the court office? If you made your disclosure request and put it in the same envelope as your Notice of Intention to Appear, then that would have gone to the court office, not to the prosecution's office. Disclosure requests must always be sent to the ...
- Wed Feb 11, 2015 7:43 pm
- Forum: Failing to obey signs
- Topic: Question on Video evidence
- Replies: 6
- Views: 3978
Re: Question on Video evidence
You likely WILL get an adjournment, but may not get the typed notes or video evidence (especially if it doesn't exist). Instead, the prosecutor will likely get you and the officer to go over the notes at the courthouse so that you can understand them. As for the video evidence, if they say one exists, then they will generally permit you to attend ...
- Mon Feb 09, 2015 11:02 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Ticket for speeding on highway 401 (125 km/h)
- Replies: 27
- Views: 9270
Re: Ticket for speeding on highway 401 (125 km/h)
Thanks for the reply. I ate a Snickers and am much better now. I wish I could take back all my posts. Oh well...
- Mon Feb 09, 2015 12:06 am
- Forum: Careless Driving
- Topic: T-boned a limo - optical illusion
- Replies: 10
- Views: 3054
Re: T-boned a limo - optical illusion
I don't think the case was dropped because of your illusionary defence. Rather, and more likely, the limo driver tainted the investigation/witnesses by interfering and the police notes/investigation were weak. So, while the prosecutor likely would have greatly loved to cross-examine your experts and challenge your theory, they didn't proceed ...
- Sun Feb 08, 2015 10:33 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Ticket for speeding on highway 401 (125 km/h)
- Replies: 27
- Views: 9270
Re: Ticket for speeding on highway 401 (125 km/h)
So, let me get this straight---you're a university student caught doing 135km/hr on a highway and you are actually curious whether a prosecutor is going to reduce it to a parking ticket???? Are you for real??? I've heard of wishful thinking but that's beyond sanity!!!!
They are NOT going to reduce it at all---you already got a road-side reduction ...
They are NOT going to reduce it at all---you already got a road-side reduction ...
- Sat Feb 07, 2015 10:48 am
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Red Light - Fail to Stop (But it was definitely Amber!)
- Replies: 17
- Views: 7124
Re: Red Light - Fail to Stop (But it was definitely Amber!)
If you know it was amber, then simply do the following:
1) Request a trial on the ticket and submit it (within 15 days of the offence date);
2) When you get your Notice of Trial in the mail, immediately request full disclosure from the prosecution about your case, especially the officer's notes and video (if any exists). If video does exist, they ...
1) Request a trial on the ticket and submit it (within 15 days of the offence date);
2) When you get your Notice of Trial in the mail, immediately request full disclosure from the prosecution about your case, especially the officer's notes and video (if any exists). If video does exist, they ...
- Fri Feb 06, 2015 8:38 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Ticket for speeding on highway 401 (125 km/h)
- Replies: 27
- Views: 9270
Re: Ticket for speeding on highway 401 (125 km/h)
The conviction is not off your driving record---only the demerit points are off after 2 years. The conviction remains on your driver's abstract forever.
That's why I said that it all depends on the policy of the insurer. Many insurers will disregard convictions after 3 years while almost all will do so within 5 years. Insurance companies generally ...
That's why I said that it all depends on the policy of the insurer. Many insurers will disregard convictions after 3 years while almost all will do so within 5 years. Insurance companies generally ...