Search found 380 matches

by highwaystar
Fri Oct 10, 2014 5:02 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3441

Re: Confused about something

I'm not saying don't try----after all, you COULD very well succeed with your argument. I personally wouldn't waste my time, given all the effort involved and the odds of success. However, if you've got the time and patience (or just want to use this experience to educate yourself on these things), then go ahead. Just be ready to argue the math ...
by highwaystar
Fri Oct 10, 2014 10:32 am
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3441

Re: Confused about something

You certainly can try your luck with an 11b application, just don't expect to win. Many people don't really understand this remedy and waste their time applying and even worse, telling others to apply. They simply look at the Andrade decision and think that's the law (several decisions have been decided since then!). Plus, they don't understand the ...
by highwaystar
Fri Oct 03, 2014 7:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 99km in 80km zone, Construction area not indicated on ticket
Replies: 9
Views: 3326

Re: 99km in 80km zone, Construction area not indicated on ti

I would force a fatal error since the set fine is not correct for the charge.

If the offence is just "Speeding" then at 19 over, you should pay:
19 x $2.50= $47.50 ( as per schedule B )
+ $10 victim fine surcharge
+ $5 court costs ( as per section 1 Reg. 945 )
----------------
$62.50 Total Payable

Now, if the offence is "Speeding – construction ...
by highwaystar
Mon Sep 29, 2014 10:48 am
Forum: Stunt Driving
Topic: Stunt driving implications on insurance rates
Replies: 2
Views: 7516

Re: Stunt driving implications on insurance rates

1) Rates generally go up as of your renewal date. However, keep in mind that you are under an obligation to report to your insurer all "significant change" in your status as a driver or owner, as well as any change (not just significant change!) that might affect their willingness to insure you at the current rates. Check out section 1.4.1 of your ...
by highwaystar
Thu Sep 18, 2014 1:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 63 in a 40 - York Univ + Failure to Surrender Insurance
Replies: 12
Views: 3992

Re: 63 in a 40 - York Univ + Failure to Surrender Insurance

The officer has NO discretion in court once the matter is in the prosecutor's hands. So, there is no guarantee any of your charges will be withdrawn or lowered. Put simply, the prosecutor might NOT want to withdraw the insurance card violation nor lower the speeding offence. So, don't be fooled by the officer's comments---they have no discretion in ...
by highwaystar
Wed Sep 17, 2014 2:30 pm
Forum: Failing to obey signs
Topic: My son got a failure to obey signs
Replies: 3
Views: 2785

Re: My son got a failure to obey signs

Obviously, your son needs to get disclosure so that he knows what sign he is being accused of disobeying. The offence of Disobey Sign definitely does exist---it is under section 182(2); the set fine is $85 (plus $20 surcharge +$5 court cost), and carries 2 demerit points.

Keep in mind that even 'speeding' can be considered a 'disobey sign' when ...
by highwaystar
Fri Sep 05, 2014 5:59 pm
Forum: General Talk
Topic: Court experience - Scaring/threatening you to plead guilty
Replies: 4
Views: 2505

Re: Court experience - Scaring/threatening you to plead guil

The officer's notes themselves are NOT evidence----its his/her testimony that is evidence. The officer is only able to refer to their notes to 'refresh their memory'. So, if the officer writes something in their notes and doesn't testify to it in court, then its not part of the evidence. Likewise, they can testify to things that are NOT in their ...
by highwaystar
Fri Sep 05, 2014 5:07 pm
Forum: General Talk
Topic: Court experience - Scaring/threatening you to plead guilty
Replies: 4
Views: 2505

Re: Court experience - Scaring/threatening you to plead guil

That should NOT have happened. You are entitled to a fair trial, free of any intimidation from anyone, especially a police officer or court clerk. They had no business talking to you about your case. Other than letting the court clerk know that you are present for your case, the only other person you should talk to is the prosecutor (to see if a ...
by highwaystar
Wed Sep 03, 2014 9:10 pm
Forum: Failing to remain at the scene of a collision
Topic: Fail to Remain HTA
Replies: 4
Views: 4138

Re: Fail to Remain HTA

If your son was charged with Fail to Remain that means there must be some evidence of a collision. Such being the case, then the officer also didn't buy your son's story either.

As for paying the neighbour and resolving this quickly, it seems that ship has likely sailed. Don't be surprised if the neighbour's insurer seeks claim for anything it ...
by highwaystar
Wed Sep 03, 2014 7:19 pm
Forum: Failing to remain at the scene of a collision
Topic: Fail to Remain HTA
Replies: 4
Views: 4138

Re: Fail to Remain HTA

I suggest you quickly pay the neighbour her $500 and move on. From the sounds of things, your son was not forthright with either you or your ex; and certainly didn't volunteer any information about his 'arrangement' with the neighbour. If he was innocent, why would he go through such steps. Smells like a 'cover up' to me. The reference to the 17 ...
by highwaystar
Tue Sep 02, 2014 6:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help reading officer notes
Replies: 3
Views: 2456

Re: Help reading officer notes

I suspect the speed measuring device used was a laser (e.g. LIDAR) since "50m nl/g" is likely referring to the locking distance. If a laser was used, then the notes usually provide the locking distance. That is, your vehicle was 50 meters away from the device when the speed of 137 was locked in----that would mean the reading is VERY reliable ...
by highwaystar
Thu Aug 21, 2014 7:43 pm
Forum: Compulsory Automobile Insurance Act
Topic: Refusal to pay "Penalty" "Fine" Debt.
Replies: 13
Views: 5729

Re: Refusal to pay "Penalty" "Fine" Debt.

Jail is a possibility when a person defaults on a fine. Section 69 of the POA sets out the provisions dealing with defaults. You'll see that per 69(15), a JP is given the authority to incarcerate (after a hearing).

It is actually quite rare for JP's to incarcerate on such matters, since they try to give you a lot of leeway in paying. However, much ...
by highwaystar
Thu Aug 14, 2014 4:02 pm
Forum: Red Light Camera Ticket
Topic: Red Light Ticket Mississauga
Replies: 5
Views: 4428

Re: Red Light Ticket Mississauga

And I will be representing her as I was the driver of the car.
Unless you're a paralegal or lawyer, you'll only be able to represent your mom for an adjournment or guilty plea with her instructions (and maybe appear on her behalf at an early resolution meeting). You won't however be able to conduct a trial on her behalf. You should be aware of ...
by highwaystar
Tue Aug 05, 2014 7:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Fatal Error? Incorrect Allegation on ticket
Replies: 7
Views: 3013

Re: Fatal Error? Incorrect Allegation on ticket

I agree with Decatur---there does appear to be a loop to make it a "9". Its hard to tell without looking at the original.

That said, if its still questionable whether there is a loop, then since the test is that the ticket must be "complete and regular on its face", any doubt will go in your benefit. I think a reasonable person would indeed be ...
by highwaystar
Fri Aug 01, 2014 9:53 am
Forum: Compulsory Automobile Insurance Act
Topic: no insurence ticket and fail to produce valid card
Replies: 2
Views: 3367

Re: no insurence ticket and fail to produce valid card

If you WERE insured at the relevant time, then bring proof of that from your insurance company to your 1st appearance and that charge (the most serious one!) will be dropped. The prosecution will not have a case to proceed on with that charge. As for failing to produce the insurance slip, you are required to produce it upon demand. The officer ...