Search found 380 matches

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: 4453

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: 3945

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: 3945

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: 3945

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: 2984

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: 7805

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: 7805

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: 7805

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: 2975

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: 2261

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: 3158

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: 3158

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: 6033

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: 4975

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: 4975

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 ...