If you don't plan on going to trial, then you really shouldn't waste your time and just pay the ticket. As previously mentioned, all this will do is re-open the matter. The court will correct any flaw via its jurisdiction in s. 85 of the POA and rely upon the OCA decision of Wadood .
In paragraph 14, the Court of Appeal says:
An important goal of ...
Search found 380 matches
- Thu Feb 13, 2020 7:43 pm
- Forum: Courts and Procedure
- Topic: Rescheduled Early Resolution Meeting - 30 Days
- Replies: 13
- Views: 4975
- Thu Feb 13, 2020 4:46 pm
- Forum: Courts and Procedure
- Topic: Rescheduled Early Resolution Meeting - 30 Days
- Replies: 13
- Views: 4975
Re: Rescheduled Early Resolution Meeting - 30 Days
So, did you not attend your ERM on Feb. 12? If so, then the conviction is correct since you failed to attend. I hope you didn't just rely on the 30 day time frame provision as some sort of perceived fatal error and not attend your ER--is that what you did? If so, I wouldn't say that because it will not be re-opened. If we were talking several ...
- Thu Feb 13, 2020 4:30 pm
- Forum: Parking Tickets
- Topic: Handicap Parking Ticket With a Valid Handicap Permit
- Replies: 3
- Views: 6041
Re: Handicap Parking Ticket With a Valid Handicap Permit
If the disability parking sign is non-existent or not per the regulation's standards, then the prosecution can't prove its case because that is an essential element they have to prove. However, failing to see the sign is not a defence nor is any error in judgement by the defendant. That would only be accepted (and evaluated in a strict liability ...
- Thu Feb 13, 2020 4:06 pm
- Forum: Courts and Procedure
- Topic: Rescheduled Early Resolution Meeting - 30 Days
- Replies: 13
- Views: 4975
Re: Rescheduled Early Resolution Meeting - 30 Days
You're right that they had to reschedule your ERM within 30 days of Dec. 17/19 (as per POA s.5.1(4)). That would mean your second meeting should have taken place by Jan. 16/20. Of course, this is all assuming that you requested the rescheduling of the ERM BEFORE Dec. 17/19. If you didn't then you were convicted on that day.
However, in seeking ...
However, in seeking ...
- Thu Feb 13, 2020 2:11 pm
- Forum: Courts and Procedure
- Topic: Rescheduled Early Resolution Meeting - 30 Days
- Replies: 13
- Views: 4975
Re: Rescheduled Early Resolution Meeting - 30 Days
Go to your local POA court and file the paper work requesting a re-opening. They'll grant it.
Once they do, don't bother with an ER meeting on that offence since the prosecution can't reduce anything----the $500 set fine on your ticket is already the minimum statutory fine (which neither they nor the court can lower any further). Plus, no one ...
Once they do, don't bother with an ER meeting on that offence since the prosecution can't reduce anything----the $500 set fine on your ticket is already the minimum statutory fine (which neither they nor the court can lower any further). Plus, no one ...
- Thu Feb 13, 2020 2:06 pm
- Forum: Parking Tickets
- Topic: Handicap Parking Ticket With a Valid Handicap Permit
- Replies: 3
- Views: 6041
Re: Handicap Parking Ticket With a Valid Handicap Permit
That offence is an absolute liability one; meaning a 'due diligence defence' is unavailable to you. In other words, take the $150 offer and walk away. While your visor story is unfortunate, it can't be accepted as a valid defence under absolute liability offences at law. So, your best bet is to just take a reduced penalty and make sure it never ...
- Tue Feb 11, 2020 6:25 pm
- Forum: General Talk
- Topic: Person has 2 tickets, 1 speeding, 1 not stopping at a stop sign
- Replies: 7
- Views: 3732
Re: Person has 2 tickets, 1 speeding, 1 not stopping at a stop sign
Its the insurance litigators that you have to worry about! A lot of the insurance company employees play nonchalant about a lot of things until the lawsuits start---then their positions seriously change. That's why its always important to deal with them in writing. Numerous cases have gone to the Court of Appeal and even to the SCC dealing with ...
- Mon Feb 10, 2020 9:56 pm
- Forum: General Talk
- Topic: Person has 2 tickets, 1 speeding, 1 not stopping at a stop sign
- Replies: 7
- Views: 3732
Re: Person has 2 tickets, 1 speeding, 1 not stopping at a stop sign
Not reporting incidents such as tickets to your insurance company is one of the most idiotic things a person can do. The moment you have any insurance claim, they will deny you coverage for failing to abide by your contractual obligations. It happens quite frequently. You might get lucky where the insurer will at least refund you your premiums ...
- Thu Feb 06, 2020 1:15 pm
- Forum: General Talk
- Topic: Section 7(1)(a) - Drive Motor Vehicle, No Permit
- Replies: 1
- Views: 9162
Re: Section 7(1)(a) - Drive Motor Vehicle, No Permit
It really goes to how much time you are willing to invest on this on the very limited probability of success. Most people would just pay the ticket and move on. Here's why:
First, there is virtually no chance a prosecutor is going to give you any deal on the permit charge----you already got super lucky on the speed warning.
Second, this is a super ...
First, there is virtually no chance a prosecutor is going to give you any deal on the permit charge----you already got super lucky on the speed warning.
Second, this is a super ...
- Tue Feb 04, 2020 7:39 pm
- Forum: Driving While Suspended
- Topic: Unknowingly Driving with a Suspended G2 License
- Replies: 4
- Views: 3681
Re: Unknowingly Driving with a Suspended G2 License
I don't think the odds are in your favour. After all, you are 27 years old (not a teenager anymore!), and really haven't shown that you care about consequences since 1) you were caught speeding (twice) with a G2 within months, 2) did not pay or address your ticket on time; and 3) didn't notify of his address change (which could have been another ...
- Tue Feb 04, 2020 7:24 pm
- Forum: Driving While Suspended
- Topic: Unknowingly Driving with a Suspended G2 License
- Replies: 4
- Views: 3681
Re: Unknowingly Driving with a Suspended G2 License
You need to hire a lawyer or paralegal. The least of your worries is whether you get an additional suspension---which you will if found guilty!
Driving while suspended (under s. 53(1)) carries a minimum fine of $1000 to a max fine of $5,000 and/or up to 6 months in jail! Your license will also be suspended for 6 months (as per s.53(3).
I don't ...
Driving while suspended (under s. 53(1)) carries a minimum fine of $1000 to a max fine of $5,000 and/or up to 6 months in jail! Your license will also be suspended for 6 months (as per s.53(3).
I don't ...
- Tue Feb 04, 2020 5:47 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Getting a ticket by a police officer for supposed "Red Light infraction"
- Replies: 3
- Views: 4254
Re: Getting a ticket by a police officer for supposed "Red Light infraction"
First of all, post the video (if you can and block out your license plate info) so we can all see it.
Second, the video is not the entire case; the officer will testify to fill in a lot of gaps in the video such as where the stop bar is, your estimated speed, etc. So, don't be fooled in to thinking the video needs to prove the entire case; it ...
Second, the video is not the entire case; the officer will testify to fill in a lot of gaps in the video such as where the stop bar is, your estimated speed, etc. So, don't be fooled in to thinking the video needs to prove the entire case; it ...
- Tue Feb 04, 2020 5:31 pm
- Forum: Failing to obey signs
- Topic: Turn right on red with no right on red
- Replies: 2
- Views: 2705
Re: Turn right on red with no right on red
Bend's comments are correct (as usual). :)
If you don't have any prior convictions, the prosecutor will usually drop the insurance slip charge on a guilty plea to the sign charge. You won't get both charges dropped or reduced; only the insurance slip charge may be dropped, and they will only withdraw it AFTER you've entered your guilty plea to ...
If you don't have any prior convictions, the prosecutor will usually drop the insurance slip charge on a guilty plea to the sign charge. You won't get both charges dropped or reduced; only the insurance slip charge may be dropped, and they will only withdraw it AFTER you've entered your guilty plea to ...
- Fri Jan 31, 2020 4:37 pm
- Forum: Failing to yield the right-of-way
- Topic: First ticket, Change Lane - Not in Safety, please help!
- Replies: 3
- Views: 6444
Re: First ticket, Change Lane - Not in Safety, please help!
I agree with the other 2 posters. You are 100% at fault. YOU are the one changing in to the other lane---the other driver is simply being nice; they are under no obligation to let you in. Furthermore, the accident speaks for itself---you either didn't have sufficient room to move in to the other lane or you failed to see the other vehicle---either ...
- Wed Jan 29, 2020 3:11 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: First speeding ticket, OPP officer claims 40km/h on 401.
- Replies: 6
- Views: 4532
Re: First speeding ticket, OPP officer claims 40km/h on 401.
Good luck with your case.