Search found 380 matches

by highwaystar
Tue May 20, 2014 4:36 pm
Forum: Careless Driving
Topic: careless driving charge
Replies: 1
Views: 1900

Re: careless driving charge

Gee, you really got yourself into a sticky situation there.
by highwaystar
Fri May 02, 2014 2:45 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help me prepare for Speeding charge Trial *Pics and Maps ins
Replies: 5
Views: 2537

Re: Help me prepare for Speeding charge Trial *Pics and Maps

From the notes, I get the following:

You were driving southbound in L1 of Poppy Hills (a 2 lane road). You were driving a 2 door black 2008 Mitsubishi.
The officer used a Laser device. He locked you in at 85 km/h at a distance of 88.67 meters. You were the only motor vehicle in the laser's path at the time.
He stopped you south of Cottrelle. You ...
by highwaystar
Fri May 02, 2014 2:22 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Waterloo v. Yan DEFENSE Still Work
Replies: 2
Views: 3198

Re: Red Light Camera Ticket - Waterloo v. Yan DEFENSE Still

The Yan decision still applies. However, I'd be quite surprised if there is still any Ontario jurisdiction who hasn't implemented those requirements on their photographs.

Keep in mind that the "location" does not need to be set out by name, but rather is done by setting out the municipal codes as per the regulations. It is usually on Line 2 under ...
by highwaystar
Fri Apr 25, 2014 9:54 am
Forum: Failing to yield the right-of-way
Topic: Fail to Yeild to Pedestrian fatal error on ticket?
Replies: 6
Views: 4403

Re: Fail to Yeild to Pedestrian fatal error on ticket?

you did not anwer my question the police was not there so is it mandatory

Officers don't have to witness an incident themselves to lay a charge. They can do so based upon other evidence, such as witnesses, accident reconstructions, video, etc.

Generally, if you hit a pedestrian at a cross-walk, the driver is charged since the pedestrian has ...
by highwaystar
Wed Apr 23, 2014 5:23 pm
Forum: General Talk
Topic: Has ANYONE ever had their ticket amended up in court?
Replies: 3
Views: 2159

Re: Has ANYONE ever had their ticket amended up in court?

Amending up happens ALL the time. Its not just a threat. The reason most of the cases end up resolved is because the defendant generally realizes it will cost them A LOT more if they lose and either pay the fine before court starts or plead guilty. Once they do the math, defendants generally want to resolve it quickly before the prosecutor gets the ...
by highwaystar
Wed Feb 26, 2014 3:45 pm
Forum: Courts and Procedure
Topic: Adjournments and 11B
Replies: 4
Views: 2199

Re: Adjournments and 11B

It costs $3.20 per page. The only way to avoid getting the transcripts would be to get the Prosecution to concede in writing that the delays were indeed due to their acts/omissions (quite unlikely!). Otherwise, as iFly55 stated, you will need them to corroborate your argument.
by highwaystar
Wed Feb 26, 2014 12:55 pm
Forum: Courts and Procedure
Topic: Adjournments and 11B
Replies: 4
Views: 2199

Re: Adjournments and 11B

Unless the court requests the transcripts itself, there is a cost. As for your question, its unclear what the purpose of the adjournment was. If the court determines the adjournment was due to the Crown's actions, then the delay will count against them for delay. However, if it was due to your acts and/or omissions, then it will count against you ...
by highwaystar
Wed Feb 26, 2014 12:47 pm
Forum: General Talk
Topic: Got a ticket for doin a Burnout.
Replies: 1
Views: 3235

Re: Got a ticket for doin a Burnout.

I would just pay the ticket. You don't want those facts put on a public record. Think about it, the prosecutor will undoubtedly ask about what was found in the car, including drug paraphernalia and a weapon----and that will become part of permanent record that COULD be used against you in the future---especially you were to ever later say you've ...
by highwaystar
Mon Feb 24, 2014 4:30 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Reduced speeding ticket from 143 to 120 on 401
Replies: 1
Views: 3157

Re: Reduced speeding ticket from 143 to 120 on 401

OPP officers definitely show up for court, especially if they have multiple charges the same day. Many times the same officer will have pulled over multiple cars that day for similar offences so the same trial date is often used for all defendants from that shift who requested a trial. This avoids the officer having to attend court multiple dates ...
by highwaystar
Mon Feb 24, 2014 3:17 pm
Forum: Courts and Procedure
Topic: 11b Application with Adjournment by Court
Replies: 5
Views: 2856

Re: 11b Application with Adjournment by Court

I think you should focus on mounting a defense instead of wasting time with an 11b application. I would be extremely surprised if your application succeeds, especially since you are going to have a hard time establishing that you were 'ready for trial' when you didn't even request disclosure. Plus, you'll have a difficult time establishing ...
by highwaystar
Sat Feb 22, 2014 10:24 pm
Forum: Courts and Procedure
Topic: 11b Application with Adjournment by Court
Replies: 5
Views: 2856

Re: 11b Application with Adjournment by Court

A lot of critical dates/concerns are missing in your summary for anyone to be able to actually give you any meaningful analysis. It appears that you are only concerning yourself with the time between offence date and trial date. However, 11b applications involve doing quite a bit of assessing as to the time elapsed at the different stages of the ...
by highwaystar
Thu Feb 20, 2014 3:32 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 90km\hr in a 60km\hr zone..Court This Afternoon
Replies: 3
Views: 2412

Re: 90km\hr in a 60km\hr zone..Court This Afternoon

Congratulations. I'm glad it worked out for you.
by highwaystar
Thu Feb 20, 2014 12:49 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 90km\hr in a 60km\hr zone..Court This Afternoon
Replies: 3
Views: 2412

Re: 90km\hr in a 60km\hr zone..Court This Afternoon

Chances are very slim that they'll drop it to only 15 over (i.e. no points). I would expect that they will only drop it to 20 over at most (i.e. a 3 point, minor infraction for insurance purposes). Its too large a drop to reduce it by 15km, so its extremely rare to be offered. After all, prosecutors need to balance court resources vs. devaluing the ...
by highwaystar
Wed Feb 19, 2014 9:29 pm
Forum: Careless Driving
Topic: Help: Careless Driving
Replies: 10
Views: 3093

Re: Help: Careless Driving

It can be reduced to "Start from stopped position--not in safety" {section 142(2)} which only carries 2 points. If they don't automatically offer it at the resolution meeting, then you should suggest it.
by highwaystar
Wed Feb 19, 2014 8:15 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop - Notice of Trial
Replies: 4
Views: 2358

Re: Failure to Stop - Notice of Trial

In fail to stop cases where the officer is the only witness, then if the officer doesn't attend court, the charge is generally dismissed since the prosecution has no evidence to call. If the officer's nonattendance is unexpected (i.e. officer's ill, family death or has a personal emergency) then an adjournment is usually granted. However, if their ...