Search found 380 matches

by highwaystar
Sun Nov 03, 2013 11:00 pm
Forum: General Talk
Topic: 14 points can I get suspended?
Replies: 14
Views: 3636

Re: 14 points can I get suspended?

Sometimes you got to know a lost cause when you see it. Even if you got 2 follow too closelies (which I doubt you'd be so lucky to be offered after they find out you ALSO backed up on a highway in another incident after being charged with careless twice!), you'll still be called in for an interview with Ministry.

So, your choices are therefore ...
by highwaystar
Sun Nov 03, 2013 7:48 pm
Forum: General Talk
Topic: 14 points can I get suspended?
Replies: 14
Views: 3636

Re: 14 points can I get suspended?

You're kidding right? The question is why haven't you been suspended yet?

You have shown a complete disregard for the safety of other drivers----2 careless driving, a couple texting offences, plus backing on a highway and still only in your 20's! Yet, somehow you STILL think you should be driving.

This must clearly be a joke---no one could ...
by highwaystar
Sat Nov 02, 2013 9:22 am
Forum: Courts and Procedure
Topic: Notice of Motion to Adjourn after a previous adjournment
Replies: 3
Views: 3854

Re: Notice of Motion to Adjourn after a previous adjournment

If you're raising Charter arguments, you have to file the proper applications (and meet the required notice requirements). Don't think a simply objection is going to cut it--which seems to be the belief you're under.

It seems to me like you are way over your head on this 'simple' case-----you seem to be arguing improper disclosure AND wanting to ...
by highwaystar
Fri Nov 01, 2013 8:25 am
Forum: General Talk
Topic: should I go for an 11b?
Replies: 2
Views: 1438

Re: should I go for an 11b?

I wouldn't waste my time on an 11b--you likely won't win. The Crown's case closed in August---so, you already know 'the case to meet' and had your opportunity to test it (i.e. cross-examinations).

This new delay actually could be viewed as being helpful to you (i.e.since you were afforded more time to prepare your case now that the Crown has laid ...
by highwaystar
Thu Oct 31, 2013 10:57 am
Forum: General Talk
Topic: Insecure load-cmv
Replies: 6
Views: 3803

Re: Insecure load-cmv

No one stated or implied that the clerk intentionally changed your charged on the notice of trial. Rather, its generally just a result of a typo or data entry mistake. Happens quite frequently.

In any event, you MUST go with what's on the ticket. If the ticket does not mention 'cmv' then you're case is under 111(2). Don't get bogged down by the ...
by highwaystar
Thu Oct 31, 2013 7:24 am
Forum: Parking Tickets
Topic: No By-Law to Cover Reason for Parking Ticket
Replies: 2
Views: 2359

Re: No By-Law to Cover Reason for Parking Ticket

You'll likely need to attend court to resolve this. However, WRITE the prosecutor's office requesting a copy of the by-law/amendment beforehand. Do not rely on telephone conversations---put your requests in writing. That gives you a paper trail for evidence. Secondly, the amendment might exist---the website may just not be current. Publising laws ...
by highwaystar
Wed Oct 30, 2013 10:10 pm
Forum: General Talk
Topic: Insecure load-cmv
Replies: 6
Views: 3803

Re: Insecure load-cmv

Stanton is correct--you should go by the ticket; not the notice of trial. Is there a discrepancy?

I understood that the ticket you received referenced 111(2) but then uses the indication "cmv" in describing the offence. However, the proper section applicable for a "cmv" is actually 111(2.1). That small detail COULD be a great defence since its a ...
by highwaystar
Wed Oct 30, 2013 3:23 pm
Forum: General Talk
Topic: Insecure load-cmv
Replies: 6
Views: 3803

Re: Insecure load-cmv

You are correct that "cmv" means commercial motor vehicle. However, you need to see if your vehicle meets the definition before assuming it will not apply. See section 1(1) of Regulation 199/07, especially sub-section g dealing with pick-ups and their loads. If you don't meet the definition, that should be your defence.

http://www.e-laws.gov.on ...
by highwaystar
Mon Oct 28, 2013 2:18 pm
Forum: General Talk
Topic: Ocasional Flames from Exhaust, Charge?
Replies: 3
Views: 2903

Re: Ocasional Flames from Exhaust, Charge?

A slew of charges might apply, depending on what's really going on. For example:

* No muffler ‑ motor vehicle --- s. 75(1)
* Improper muffler ‑ motor vehicle ---s. 75(1)
* Excessive fumes----s.75(3)
* Refuse or fail to place vehicle in safe condition --s.82(9)
* Refuse or fail to remove unsafe vehicle from highway --s.82(9)
* Operate unsafe ...
by highwaystar
Mon Oct 28, 2013 2:06 pm
Forum: Criminal Offences
Topic: Back on Track Program
Replies: 2
Views: 4072

Re: Back on Track Program

Your lawyer should have explained the timing to you when you plead. There are no fixed rules that apply to everyone; it all depends on the "stream" the Crown permits, the wording of the charge (i.e. whether it includes ' and/or impaired by drug'---a common concern!) and how the sentencing judge worded their judgement. Generally, first time ...
by highwaystar
Sat Oct 26, 2013 4:21 pm
Forum: General Talk
Topic: witness is lying
Replies: 14
Views: 3993

Re: witness is lying

What is your defense going to be? How are you going to explain your car ending up on the grass, requiring a tow truck to get it unstuck (but not really noticing the full extent of the damage when you were out of the car) and likely having damage of more than $1000 which required you to report it? Refuting the tow truck driver's statements will only ...
by highwaystar
Thu Oct 24, 2013 3:09 pm
Forum: Failing to yield the right-of-way
Topic: Yield right of way scenario (with a visual!)
Replies: 3
Views: 3306

Re: Yield right of way scenario (with a visual!)

As Stanton states, the car making the right (i.e. the red car) must yield to the car already on the street (i.e. the car that just made the left turn on to the street). This is further corroborated by the fact that the YIELD sign is for the red car; not the one having just turned left.

Just know that while the car turning left MUST ensure their ...
by highwaystar
Thu Oct 17, 2013 6:33 pm
Forum: General Talk
Topic: Turning right and yellow/red lights
Replies: 2
Views: 1989

Re: Turning right and yellow/red lights

So long as you have come to a complete stop as required at an intersection, and there are no signs or signals prohibiting the turn (or prohibiting a turn on a red), then you may proceed to make the turn as long as it does not impede the safety of anyone or any other car. That means that the cars coming from your left (i.e. having the green light ...
by highwaystar
Thu Oct 17, 2013 6:25 pm
Forum: Criminal Offences
Topic: Do I have a criminal record as of right now ?
Replies: 3
Views: 3445

Re: Do I have a criminal record as of right now ?

If you've never been convicted or discharged before, then you will not have a criminal record at this stage. However, if someone requests a 'vulnerable sector check' on you then your incident with the police WILL appear. ALL incidents appear on vulnerable sector searches where there was any involvement with the police within the last 5 years ...
by highwaystar
Wed Oct 16, 2013 7:10 pm
Forum: General Talk
Topic: TURNING VIOLATION/DISOBEY SIGN - HELP!
Replies: 1
Views: 1680

Re: TURNING VIOLATION/DISOBEY SIGN - HELP!

What specific section were you charged with? If it was disobey sign (182(2)), then you are already at the lowest demerit point offence (i.e. 2 points) for those facts. There is very little room to negotiate, other than reduce the fine. Just know that prosecutors and the court cannot reduce or forgive demerit points---they have absolutely no ...
by highwaystar
Wed Oct 16, 2013 10:34 am
Forum: General Talk
Topic: Disobey stop sign - need help of change previous option
Replies: 1
Views: 1905

Re: Disobey stop sign - need help of change previous option

You don't have to plead guilty at an early resolution meeting. You simply attend the meeting and see if they'll give you a deal. If you feel you are innocent or want to fight the charge regardless or simply don't like the deal offered, then you can simply request a trial. That's it!

Now, if you don't want to attend the resolution meeting and plan ...
by highwaystar
Wed Oct 16, 2013 10:28 am
Forum: General Talk
Topic: New sign
Replies: 5
Views: 1853

Re: New sign

Your inattention to the sign is no defense, regardless of how many times you may have done that action in the past. What counts is whether the sign was there on THAT day and whether you did in fact disobey it. It doesn't matter if others did it, you've done it in the past, the sign is new and you weren't aware, etc. So, go talk to the prosecutor ...
by highwaystar
Wed Oct 16, 2013 10:22 am
Forum: General Talk
Topic: Expired Sticker on Plate -
Replies: 3
Views: 2908

Re: Expired Sticker on Plate -

Without seeing the ticket, I don't think anyone can tell you whether the officer was 'alluding' to anything more than just recommending you go to court to see if the Prosecutor will drop the charge if you get your plates renewed. I highly doubt the officer would purposely make an error on the ticket. As for the prosecutions, it all depends on the ...
by highwaystar
Mon Oct 14, 2013 10:19 am
Forum: Careless Driving
Topic: Certified Letter re: Car Insurance
Replies: 4
Views: 2060

Re: Certified Letter re: Car Insurance

Why are you doing the prosecution's job? If you have proof that you had insurance, then just let the PROSECUTOR/POLICE work it out. Don't waste too much time on this. Show up in court; give your proof to the prosecutor and if they don't drop the charge, then request a trial. They'll quickly fix the issue themselves. If not, the JP/Judge will acquit ...
by highwaystar
Fri Oct 11, 2013 6:03 pm
Forum: Careless Driving
Topic: Can DashCam video help?
Replies: 7
Views: 2819

Re: Can DashCam video help?

I agree. The car is certainly going too fast for the road conditions (its wet) and the loud Rasputin music doesn't help convey much of a cautious driver either; it actually illustrates the potential for distraction by the driver! In any event, it seems as if skid starts when the left rear wheel goes over the manhole and the driver loses control ...