Search found 380 matches

by highwaystar
Tue Jun 02, 2020 4:35 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 70 in a 50 zone - reduced from 86 km/hr (Disclosure Included)
Replies: 3
Views: 5532

Re: 70 in a 50 zone - reduced from 86 km/hr (Disclosure Included)

The chances of your ticket being withdrawn are about 5-10%. That will only happen if the officer does not attend court and the JP is unwilling to adjourn the matter to another date. Remember, limitation periods have been frozen for all POA court proceedings so the 18 month Jordan time frame that normally applies is not currently applicable. While ...
by highwaystar
Fri May 22, 2020 4:39 pm
Forum: General Talk
Topic: How to file a ticket and request trial during COVID?
Replies: 5
Views: 3097

Re: How to file a ticket and request trial during COVID?

The Ontario government extended their Declaration of Emergency until June 2, 2020. During such period all limitation periods are suspended. Of course, the Declaration may be extended again so you need to keep updating yourself on such news.

What that means is that you don't need to do anything until June 2/20---that's when your 15 days will begin ...
by highwaystar
Tue May 19, 2020 5:11 pm
Forum: Stunt Driving
Topic: What can I expect for charges of stunt driving
Replies: 5
Views: 9929

Re: What can I expect for charges of stunt driving

You don't mention what your driving record is like. The offer itself is a fair one in light of the speed. They aren't going to reduce it to a 49over when you were at 70 over. However, if you have a clean record you might be able to get the fine lowered to $3000. If you have a previous record with just a couple minor entries then I would take the ...
by highwaystar
Tue May 19, 2020 5:04 pm
Forum: General Talk
Topic: First speeding ticket - what is the best option?
Replies: 1
Views: 3146

Re: First speeding ticket - what is the best option?

It all depends on what you are willing to accept. If you think they are just going to drop it---forget it (especially since its in a school zone). If you would be happy with a 15 over charge (no points) then it may be useful to choose option 2 and speak with them. If its truly your first ticket ever, I'm surprised the officer didn't just reduce it ...
by highwaystar
Thu May 07, 2020 12:04 pm
Forum: Stunt Driving
Topic: Driving 146 in a 80 zone. Court date is 6 months away. Help needed with next steps
Replies: 8
Views: 4122

Re: Driving 146 in a 80 zone. Court date is 6 months away. Help needed with next steps

I don't know the exact towing/impound fees for Haldiman County, but in most Ontario jurisdictions it is generally (for most passenger vehicles), a towing pick-up fee of no more than $250 if within city limits (i.e. around 30km radius) and $4-$6/km extra. The daily storage/impound fee varies from $50 per night (if outside) to $80 per night (if ...
by highwaystar
Tue May 05, 2020 7:28 pm
Forum: Stunt Driving
Topic: Driving 146 in a 80 zone. Court date is 6 months away. Help needed with next steps
Replies: 8
Views: 4122

Re: Driving 146 in a 80 zone. Court date is 6 months away. Help needed with next steps

Just know that there are usually different prosecutors in the courthouse. Each deals with different types of offences. You want to speak with the Part 3 prosecutor. When you arrive, line up to speak with your Crown. They will either call you in to their office just outside the courtroom (next to the courtroom) or they may already be seated at a ...
by highwaystar
Tue May 05, 2020 11:52 am
Forum: Stunt Driving
Topic: Driving 146 in a 80 zone. Court date is 6 months away. Help needed with next steps
Replies: 8
Views: 4122

Re: Driving 146 in a 80 zone. Court date is 6 months away. Help needed with next steps

I suggest you go to the first appearance without a lawyer. You'll get your disclosure and find out what the Crown is offering. If they offer you a 49 over speeding charge, just plead it out and count yourself lucky. You then saved yourself additional money on not needing to pay for legal representation. If they are unwilling to offer just a ...
by highwaystar
Sat May 02, 2020 9:42 pm
Forum: Stunt Driving
Topic: 189km in 100 posted zone. Stunt driving and having cannabis readily available in vehicle
Replies: 6
Views: 5298

Re: 189km in 100 posted zone. Stunt driving and having cannabis readily available in vehicle

You are absolutely correct. He was likely charged with the provincial offence of having cannabis within reach in the car and the quantity itself was legal otherwise. I clearly assumed a worse scenario. Thanks for correcting me.
by highwaystar
Sat May 02, 2020 11:29 am
Forum: Stunt Driving
Topic: 189km in 100 posted zone. Stunt driving and having cannabis readily available in vehicle
Replies: 6
Views: 5298

Re: 189km in 100 posted zone. Stunt driving and having cannabis readily available in vehicle

You must have been charged criminally for the pot possession under the CDSA, correct? If so, get a lawyer and don't self-represent. You'll be dealing with a federal Crown for the federal charge (the pot possession) and a provincial Crown for the stunt driving. It will take place in a criminal court, so this is not the forum you want to get advice ...
by highwaystar
Sat Apr 25, 2020 1:28 pm
Forum: General Talk
Topic: Left turn onto road with center turn lane. Which lane to turn into?
Replies: 1
Views: 5642

Re: Left turn onto road with center turn lane. Which lane to turn into?

You are suppose to turn in to the left most lane that is " provided for the use of traffic moving in the direction ". So, if there is a left turn lane or centre lane for the direction you are turning into, you must first enter that lane (when your left turn can be made safely). Then, if you want to go straight in that direction, you will need to ...
by highwaystar
Wed Apr 22, 2020 11:37 am
Forum: Hand-held devices
Topic: Requested DVD evidence several times - No response until day of Trial
Replies: 3
Views: 3229

Re: Requested DVD evidence several times - No response until day of Trial

Unfortunately, the delay will be attributed to the defence. Put simply, you weren't ready for trial. You were the one who asked for more time because you wanted to get legal representation; not as a result of lack of disclosure (since you already had all the disclosure that the prosecution was relying on). Any Charter application will almost ...
by highwaystar
Tue Apr 21, 2020 11:03 am
Forum: Stunt Driving
Topic: Stunt driving: 113 in 50, Can i reinstate my license online?
Replies: 5
Views: 5292

Re: Stunt driving: 113 in 50, Can i reinstate my license online?

You seem to be mixing terms interchangeably. Unless you have other outstanding fines that are unpaid (which is likely NOT the case since you likely would have been charged with drive while suspended, etc.) you are NOT paying any fines at this time. You are simply paying the reinstatement fee. Remember, you have not been convicted of anything on ...
by highwaystar
Sun Apr 12, 2020 12:13 pm
Forum: Stunt Driving
Topic: Officer clocked me in a moving cruiser - Towed car for 7 days, license suspended for 7 days
Replies: 3
Views: 3768

Re: Officer clocked me in a moving cruiser - Towed car for 7 days, license suspended for 7 days

You haven't raised any valid legal defence.
As Bend states, police cruisers are set up with moving radar--they have at least 2 antennas; one measures traffic in front of the vehicle, the other measures cars approaching from behind. Its called a moving radar since the patrol car can also measure speed while it is moving. So, all the officer had to ...
by highwaystar
Thu Apr 09, 2020 1:58 pm
Forum: General Talk
Topic: What would happen if someone requested a language interpreter for a language that is very uncommon?
Replies: 2
Views: 2797

Re: What would happen if someone requested a language interpreter for a language that is very uncommon?

As Bend said, it would be a waste of your time to request an ER if you don't plan on considering a guilty plea. Otherwise, just go straight to trial.

Now, if you are going to request an interpreter at trial, they will do their very best to find one for you. They will go through some amazing leaps to get you the interpreter you need. I know they ...
by highwaystar
Mon Mar 23, 2020 3:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Got a 4 demerit speeding ticket, now at 10 PLEASE HELP
Replies: 13
Views: 4579

Re: Got a 4 demerit speeding ticket, now at 10 PLEASE HELP

You won't be suspended without an interview. You only get automatically suspended at 15 points. Hope that alleviates any worries. Good luck.
by highwaystar
Mon Mar 23, 2020 10:58 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Got a 4 demerit speeding ticket, now at 10 PLEASE HELP
Replies: 13
Views: 4579

Re: Got a 4 demerit speeding ticket, now at 10 PLEASE HELP

As you've already paid your ticket, that means you admitted guilt and the points are now on your record.

Assuming you have a full G license, being over 9 points means you will once again be notified to attend an interview with the MTO. However, this time, I think you are going to have a very hard time justifying why you should not be suspended ...
by highwaystar
Tue Mar 10, 2020 12:14 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Reduced 119 kmh in a posted 80 kmh, construction zone. Disclosure included
Replies: 5
Views: 4107

Re: Reduced 119 kmh in a posted 80 kmh, construction zone. Disclosure included

I forgot to mention----that's why its important to know before you enter the courtroom what you will be doing. If you simply say that you plan to plead guilty as soon as you meet the prosecutor in court---in most cases, the prosecutor will allow you to do so "as is"---that is, they won't seek the Winlow amendment and your case will be called quite ...
by highwaystar
Tue Mar 10, 2020 11:38 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Reduced 119 kmh in a posted 80 kmh, construction zone. Disclosure included
Replies: 5
Views: 4107

Re: Reduced 119 kmh in a posted 80 kmh, construction zone. Disclosure included

Nothing I said is incorrect. Its not a waste of the officer's time to go to court when they are actually needed. But, why should they sit in court if the defendant is going to plead guilty or seek an adjournment and they don't need to testify? Its efficient use of public resources to have them doing other things until they are actually needed ...
by highwaystar
Mon Mar 09, 2020 11:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Reduced 119 kmh in a posted 80 kmh, construction zone. Disclosure included
Replies: 5
Views: 4107

Re: Reduced 119 kmh in a posted 80 kmh, construction zone. Disclosure included

If you want to try your luck on the officer not showing up, that's about as good as you are going to get. Nowadays, the odds of an officer not showing up for their court date is about 5-10%. It all depends on how much time you want to potentially waste on your case.

Just know that you won't get ANY further reduction----you already received a VERY ...
by highwaystar
Thu Mar 05, 2020 10:13 pm
Forum: General Talk
Topic: Hello I was charge with stunt racing and speeding all at once. What should I do ?
Replies: 1
Views: 3106

Re: Hello I was charge with stunt racing and speeding all at once. What should I do ?

If you are lucky they will offer you a speeding charge of 49 over and withdraw the other 2 charges. 49 over is a 4 point offence but since you have a G2, you will get a 30 day suspension plus have to pay the fine and re-instatement fee after the suspension. That's probably the best a lawyer/paralegal will get you. The speed will not be reduced to ...
by highwaystar
Mon Mar 02, 2020 11:23 am
Forum: Failing to obey signs
Topic: How to respond to 2 traffic tickets: Disobey sign (182(2)) & Interfere with traffic (170(12))
Replies: 8
Views: 8226

Re: How to respond to 2 traffic tickets: Disobey sign (182(2)) & Interfere with traffic (170(12))

Bend is correct. While "halting" can include a vehicle that comes to a stop, the definition is more exhaustive and does not require that the vehicle must come to a stop. Halting (standing) includes "being in a state of uncertainty or doubt between alternate choices " and/or " causing the discontinuance of an action ."
by highwaystar
Sun Mar 01, 2020 9:33 pm
Forum: Failing to obey signs
Topic: How to respond to 2 traffic tickets: Disobey sign (182(2)) & Interfere with traffic (170(12))
Replies: 8
Views: 8226

Re: How to respond to 2 traffic tickets: Disobey sign (182(2)) & Interfere with traffic (170(12))

You can always plead guilty on the day of your trial if you'd like so Option 2 is not given up if you choose Option 3. However, you keep referring to demerit points---remember, those are NEVER reduced or removed. That simply cannot be done at law! In a guilty plea or a sentence hearing (if you are found guilty after a trial), you can only ask for a ...
by highwaystar
Sun Mar 01, 2020 5:56 pm
Forum: Failing to obey signs
Topic: How to respond to 2 traffic tickets: Disobey sign (182(2)) & Interfere with traffic (170(12))
Replies: 8
Views: 8226

Re: How to respond to 2 traffic tickets: Disobey sign (182(2)) & Interfere with traffic (170(12))

I agree with Decatur that if you plan to fight one of the tickets you really should fight them both. Just know that you don't really have a case if you do go to trial since you DID disobey the sign and you DID interfere with traffic (i.e. the car behind you undoubtedly had to apply the brakes or take some precaution to allow you to do your maneuver ...
by highwaystar
Fri Feb 28, 2020 1:37 pm
Forum: Hand-held devices
Topic: Ontario handheld device - what is definition of a button?
Replies: 3
Views: 3160

Re: Ontario handheld device - what is definition of a button?

You are right that there is no definition of "button" in the Act, nor for that matter, has it been defined by case law. I think there is a valid argument for a 'virtual button' on a screen since very few phones now have physical buttons to place/end calls. From my experience though, the courts have allowed the pressing of an onscreen button, but do ...
by highwaystar
Mon Feb 24, 2020 3:58 pm
Forum: General Talk
Topic: failed to stop at this intersection
Replies: 1
Views: 2381

Re: failed to stop at this intersection

I'm assuming your wife was charged with "Disobey stop sign — fail to stop" as per (s.136(1)(a)). If so, its an absolute liability offence meaning she either stopped where she must or she didn't; there's no due diligence defence. So, your comments about spirit vs letter of the law is irrelevant. The section is very clear where she must stop.

If ...
by highwaystar
Fri Feb 21, 2020 10:20 pm
Forum: General Talk
Topic: Ticket not submitted in 18 days
Replies: 5
Views: 3415

Re: Ticket not submitted in 18 days

Remember, the 7 day rule does not apply to Part 3 offences. You were given a s.22 summons which confirms they are proceeding via Part 3. The fact its not in the court system yet does not mean there is no case; it just means the information has either not been sworn yet or it hasn't been entered in to the system yet. You MUST attend court on the day ...
by highwaystar
Fri Feb 21, 2020 3:56 pm
Forum: General Talk
Topic: Ticket not submitted in 18 days
Replies: 5
Views: 3415

Re: Ticket not submitted in 18 days

Drive while suspended is a Part 3 offence, so the 7 day deadline you are likely referring to is the one that applies to Part 1 offences. In Part 3 offences, the Crown has 6 months from the date of the offence to commence proceedings against you. If you were given a summons at the road side telling you when to attend court, the officer STILL has to ...
by highwaystar
Thu Feb 20, 2020 6:46 pm
Forum: Prohibited turns
Topic: Disobey sign - no right turn
Replies: 2
Views: 6312

Re: Disobey sign - no right turn

Would you be happy getting a $25 discount for all your effort? If so, then it may be worth going to an Early Resolution meeting. The set fine on your charge is $85 (plus court costs). If you only have a ticket from 25 years ago, then they may drop it down to the minimum $60 (plus court costs). That's all they can do. There's no other charge lower ...
by highwaystar
Thu Feb 13, 2020 9:43 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 5153

Re: Rescheduled Early Resolution Meeting - 30 Days

The re-opening and appeal remedies are there to address such 'hard" deadlines. Nothing is preventing you from trying your arguments except time and money. So, I say, go for it---maybe you'll end up changing things. Someone's gotta be the first.
by highwaystar
Thu Feb 13, 2020 8:38 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 5153

Re: Rescheduled Early Resolution Meeting - 30 Days

Well, you seem adamant that such a deadline is indeed crucial when the legislation and case law says otherwise. I've even given you sections and case law. So, it seems the only way you are going to be satisfied of the answer is if the court specifically rules on your matter. You should therefore file for an Appeal then; not a re-opening. And if you ...