Search found 569 matches

by iFly55
Thu Aug 21, 2014 5:03 pm
Forum: Compulsory Automobile Insurance Act
Topic: Getting a Car Removed
Replies: 1
Views: 2355

Re: Getting a Car Removed

I would first speak to the property manager of your building and ask them how to remove the vehicle. If there's security guards on your property, they may have MLEO powers to write provincial offence notices and remove vehicles at owner's expense. At some buildings, the property manager themselves have MLEO training.

In Toronto & Mississauga, if ...
by iFly55
Mon Aug 18, 2014 3:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket advice
Replies: 6
Views: 4918

Re: Speeding ticket advice

The insurance companies have to pay for your driving abstracts, and they do this around the time of your renewal. If you've had a clean record for several years, the insurance company loses money paying for your abstract... so they choose not to get it. That money can be better spent on an at/higher risk driver (ie. male, 16yr, brampton, speeding ...
by iFly55
Tue Aug 12, 2014 12:49 pm
Forum: Criminal Offences
Topic: .05% BAC WARN RANGE
Replies: 9
Views: 12301

Re: .05% BAC WARN RANGE

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK85[quote]Administrative licence suspension for blood alcohol concentration above .05

No appeal or hearing
(9) There is no appeal from, or right to be heard before, the suspension of a drivers licence under this section. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (9).

Intent ...
by iFly55
Tue Aug 12, 2014 12:13 am
Forum: Failing to stop for a school bus
Topic: fail to stop school bus in front of me
Replies: 2
Views: 3990

Re: fail to stop school bus in front of me

You haven't been charged with anything, so I wouldn't get too upset. The police have two charges available to them for this offence:

a) Fail to stop for school bus HTA 175 (11) or (12)

b) Fail to stop for school bus - owner, HTA 175 (19) or (20)

The first one carries 6 demerit points, whereas the second does not carry any points and doesn't ...
by iFly55
Wed Aug 06, 2014 10:52 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 80km/h in a 50km/h zone
Replies: 3
Views: 2654

Re: 80km/h in a 50km/h zone

was there a sign that said 50 km/h?
by iFly55
Tue Aug 05, 2014 1:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Fatal Error? Incorrect Allegation on ticket
Replies: 7
Views: 3152

Re: Fatal Error? Incorrect Allegation on ticket

It appears you're praying to the one true god.

Look up London v. Young, ignore the ticket... and wait for the JP to quash it.
by iFly55
Tue Aug 05, 2014 1:24 pm
Forum: Stunt Driving
Topic: Fighting stunt driving charges. Lawyer vs paralegal
Replies: 1
Views: 5275

Re: Fighting stunt driving charges. Lawyer vs paralegal

I don't know why a lot of people spend $1000 on legal counsel to get +50km/h under S172 reduced to +49km/h under S128. Realistically, they can do this themselves by speaking to the prosecutor.

If you're feeling overwhelmed or don't feel comfortable going to court, you're better off with a paralegal. Speeding is a very easy charge for the crown to ...
by iFly55
Mon Aug 04, 2014 10:43 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: nailed with 144 km/h in a 100 zone, hwy 400
Replies: 9
Views: 3746

Re: nailed with 144 km/h in a 100 zone, hwy 400

The reason you have to wait for your 'Notice of Trial' is because the crown will not accept disclosure requests w/o a trial date on it. You can use this sample form: http://www.ontariohighwaytrafficact.com/topic2959.html

The crown may have their own form, I suggest not to use their form. It's completely useless, and doesn't allow you to request ...
by iFly55
Mon Aug 04, 2014 9:27 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: nailed with 144 km/h in a 100 zone, hwy 400
Replies: 9
Views: 3746

Re: nailed with 144 km/h in a 100 zone, hwy 400

I apologize. Thank you.

The reason I asked is because few people have told me that if you try to dispute your fine in court and you are found guilty, you are to pay court fee's i.e. JPs time, crowns time. That is not true, you do not pay for anyone's time. The only difference is that your speeding set fine will be higher if you're found guilty ...
by iFly55
Mon Aug 04, 2014 8:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: nailed with 144 km/h in a 100 zone, hwy 400
Replies: 9
Views: 3746

Re: nailed with 144 km/h in a 100 zone, hwy 400

Please keep all your questions related to this offence in one-topic, do not open multiple threads.

http://www.ontariohighwaytrafficact.com/topic2871.html

There are no extra "court costs" associated with choosing trial. Everyone pays the same +$5 whether they choose trial or not.
by iFly55
Mon Aug 04, 2014 7:58 pm
Forum: Courts and Procedure
Topic: why is my speeding ticket different??
Replies: 2
Views: 1857

Re: why is my speeding ticket different??

There are different provincial offence notice forms being used in varying jurisdictions across Ontario: http://www.ontariocourtforms.on.ca/english/provincial-offences-act-forms

Yours may be Form 3, and what the officer, friends and family are talking about is Form 4.

You can still choose option 3 trial, and at the ticket office they may have a ...
by iFly55
Sun Aug 03, 2014 9:50 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Dealing with the after math of a suspension
Replies: 4
Views: 2388

Re: Dealing with the after math of a suspension

http://www.ibc.ca/en/car_insurance/documents/brochure/faq_on%20brochure_eng.pdf[quote]What influences my premium?

Each drivers conviction record for the last three years.
Whether any driver in the household has had a licence suspension within the last six years or an automobile insurance policy cancelled in the last three years. [/quote]Your ...
by iFly55
Fri Aug 01, 2014 2:53 am
Forum: Stunt Driving
Topic: charged with stunt/race 140 in an 80
Replies: 4
Views: 2866

Re: charged with stunt/race 140 in an 80

Now you're afforded a "due diligence" defence. I really hope you find good representation that can advantage of the circumstances surrounding the ticket. A free consultation will immediately give you a feel for what they plan to do.

There are a lot of necessity/due-diligence cases that are available on CanLII.

R. v. Clarke, 2013 ONCJ 571 (CanLII ...
by iFly55
Thu Jul 24, 2014 11:07 pm
Forum: Courts and Procedure
Topic: Pushback on disclosure request for typed notes
Replies: 1
Views: 1986

Re: Pushback on disclosure request for typed notes

Ignoring the crown's invitation to review the hand written notes will be introduced at trial. You'll be seen as not exercising due diligence w.r.t. your disclosure request. The crown will make the argument that they were available to review the notes weeks in advance, and you weren't able to schedule a few minutes to come down to look at them.

You ...
by iFly55
Thu Jul 24, 2014 11:27 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Got speeding ticket on 400 hwy
Replies: 8
Views: 3195

Re: Got speeding ticket on 400 hwy

hawaii wrote:You can Google the consequences of other people driving your car, and what you are on the hook for.... some interesting reading.
I agree if there was an insurance claim for an at-fault accident. But getting a speeding ticket in someone else's car, will not affect that vehicle owner's annual insurance premium.
by iFly55
Wed Jul 23, 2014 10:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Got speeding ticket on 400 hwy
Replies: 8
Views: 3195

Re: Got speeding ticket on 400 hwy

This is not true for all insurance companies, check his policy. How will a driver who's not listed on the policy affect its premiums? hey when i chose trial option i send it to the address they give me right? how do i ask for evidence ? Follow the instructions on the back of the ticket, you may have to appear in person to request a trial ...
by iFly55
Tue Jul 22, 2014 7:50 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Got speeding ticket on 400 hwy
Replies: 8
Views: 3195

Re: Got speeding ticket on 400 hwy

IMO you should always choose the trial option. Get your notice of trial, and request disclosure: officer's notes & copy of speed measuring device's manual. After you review the officer's notes you can then decide whether you're going to fight it or cut a deal with the prosecutor at your trial date. Trial option also gives you an 'officer no-show ...
by iFly55
Sun Jul 20, 2014 12:04 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobeying Stop Sign, just got the disclosure package
Replies: 4
Views: 4532

Re: Disobeying Stop Sign, just got the disclosure package

http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/

Interestingly there are two different charges under HTA S.136 (1) (a): Disobey stop sign — stop wrong place & fail to stop; I'm not sure if this has any relevance.

Disobeying a stop sign is an absolute liability offense, which means the courts are only interested in ...
by iFly55
Sat Jul 19, 2014 11:34 pm
Forum: Prohibited turns
Topic: Trail on July 21, Highway Traffic Act 182(2), NEED HELP !!
Replies: 16
Views: 9614

Re: Trail on July 21, Highway Traffic Act 182(2), NEED HELP

That's an outright violation of the Canadian Charter of Rights. Most Justice of Peaces will at the very least respect the Charter and its associated decisions.

11. Any person charged with an offence has the right ...
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
by iFly55
Sat Jul 19, 2014 8:18 pm
Forum: Prohibited turns
Topic: Trail on July 21, Highway Traffic Act 182(2), NEED HELP !!
Replies: 16
Views: 9614

Re: Trail on July 21, Highway Traffic Act 182(2), NEED HELP

If you're worried about insurance rates, then any HTA conviction will raise it. A By-law "could" raise it, but it probably won't.

You must resolve your disclosure issues with the prosecutor prior to discussing plea-deals. It's important to not accept any plea-deals until you receive full disclosure, and this is the officer's notes. His notes are ...
by iFly55
Fri Jul 18, 2014 3:58 pm
Forum: Prohibited turns
Topic: Trail on July 21, Highway Traffic Act 182(2), NEED HELP !!
Replies: 16
Views: 9614

Re: Trail on July 21, Highway Traffic Act 182(2), NEED HELP

The probability that the prosecutor will amend an HTA charge to a By-Law is close to zero. If by some luck you're able to get that plea-deal. The city rarely reports these by-law convictions to the MTO. A lot of people whom received by-law tickets for prohibited turns in Toronto and have never seen them on their abstracts nor red stars (demerit ...
by iFly55
Thu Jul 17, 2014 4:37 pm
Forum: Prohibited turns
Topic: Trail on July 21, Highway Traffic Act 182(2), NEED HELP !!
Replies: 16
Views: 9614

Re: Trail on July 21, Highway Traffic Act 182(2), NEED HELP

That particular prohibited turn has been repealed by the City of Toronto.

Queen Street West and Soho Street [Repealed 2013-12-18 by Bylaw No. 1729-2013]

http://www.toronto.ca/legdocs/bylaws/2013/law1729.pdf
by iFly55
Mon Jul 14, 2014 9:32 pm
Forum: Red Light Camera Ticket
Topic: RLC Ticket in Ottawa - Very Snowy Day!
Replies: 14
Views: 8126

Re: RLC Ticket in Ottawa - Very Snowy Day!

I have another question. Is there any chance that I could make a defence of necessity in this instance? i.e. Had I stopped suddenly and skidded I would have possibly hit a nearby pedestrian? Therefore, it was necessary for me to proceed through the intersection? I realize that in order to mount this defence there must be no reasonable legal ...
by iFly55
Mon Jul 14, 2014 4:11 pm
Forum: Red Light Camera Ticket
Topic: RLC Ticket in Ottawa - Very Snowy Day!
Replies: 14
Views: 8126

Re: RLC Ticket in Ottawa - Very Snowy Day!

@orcrowing, lawfully you have to come to a complete stop on an amber light. It's only when you're not able to stop safely (ie. skidding, lose traction, no ABS) that you can proceed through.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK219[quote]Amber light
(15) Every driver approaching a traffic control signal ...
by iFly55
Fri Jul 11, 2014 3:10 pm
Forum: General Talk
Topic: Lane change not in safety
Replies: 4
Views: 2445

Re: Lane change not in safety

It's important that he started changing lanes when you were established and driving in the right lane. In this case, he's 100% at fault. However, if you were both changing lanes at the same time and both were off centre then it's 50/50.

Fault Determination Rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

In your ...
by iFly55
Thu Jul 10, 2014 12:24 pm
Forum: Criminal Offences
Topic: .05% BAC WARN RANGE
Replies: 9
Views: 12301

Re: .05% BAC WARN RANGE

You haven't been convicted in court, so there is no "conviction" attached to it. This will stay on your driving history for life, it all depends on who's looking at it and how far back they can see (ie. OPP/courts: can see everything, insurance company: past 5 years).

As long as the suspension is under one year, insurance companies can not use to ...
by iFly55
Tue Jul 08, 2014 7:03 pm
Forum: General Talk
Topic: Incorrect fine?
Replies: 3
Views: 1809

Re: Incorrect fine?

In this case choose trial, and when you get your notice of trial. Request for disclosure, and read the officer's notes.
by iFly55
Tue Jul 08, 2014 3:06 pm
Forum: General Talk
Topic: Incorrect fine?
Replies: 3
Views: 1809

Re: Incorrect fine?

Set Fine: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/
Victim Surcharge: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_000161_e.htm
Court Fee: $5

For +15km/h the Set Fine should be $37.50 and the Total Payable should be $52.50

If you're 100% sure that you were not in a construction zone where workers were ...
by iFly55
Sat Jul 05, 2014 2:19 am
Forum: Failing to obey signs
Topic: Speeding 15 km/hr (Reduced Speed on the spot)
Replies: 4
Views: 2782

Re: Speeding 15 km/hr (Reduced Speed on the spot)

File the ticket for trial; when you get your 'Notice of Trial', submit a disclosure request for the officer's notes and the manual for her speed measuring device. You can see how she registered the speed of 105 km/hr.

If you go to trial, they can raise the speed back to +25km/h. Unfortunately, this is an absolute liability offence and the courts ...