Search found 569 matches

by iFly55
Fri Feb 21, 2014 7:19 pm
Forum: Careless Driving
Topic: Help: Careless Driving
Replies: 10
Views: 3110

Re: Help: Careless Driving

The London v. Young strategy only works if there is a fatal error on the face of the ticket. A misspelled name is NOT a fatal error.

If you ignore the ticket, you will be convicted in absentia for Careless Driving which carries 6 demerit points, $490 fine and a high risk of losing auto-insurance.
by iFly55
Fri Feb 21, 2014 6:47 pm
Forum: Careless Driving
Topic: Help: Careless Driving
Replies: 10
Views: 3110

Re: Help: Careless Driving

Thanks everyone!

Updated on my ticket: I carefully examine my ticket again and found that my name was spelled wrong on the ticket, is this fatal error? I would like to know:

Do I still need to request trial option within 15 days? if yes, can prosecutor or judge correct the name right away to make it valid?
http://www.ontariohighwaytrafficact ...
by iFly55
Fri Feb 21, 2014 4:47 pm
Forum: General Talk
Topic: HELP!: Novice driver - B.A.C Above Zero
Replies: 4
Views: 3013

Re: HELP!: Novice driver - B.A.C Above Zero

bend wrote a great post about the specific consequences of a Novice Class Above Zero B.A.C. http://www.ontariohighwaytrafficact.com/topic5162.html#p28873[quote]S.7 (1)(b)(i) — Drive motor vehicle, fail to display two plates - $110
S.44.1 (3) — Novice driver — B.A.C. above zero - $110[/quote]You shouldn't just simply pay either tickets, it's in your ...
by iFly55
Fri Feb 21, 2014 2:48 pm
Forum: General Talk
Topic: expired val sticker ticket after ordering new sticker
Replies: 1
Views: 2501

Re: expired val sticker ticket after ordering new sticker

Normally you would ignore the tickets and wait for a 'Notice of Impending Conviction' http://www.ticketcombat.com/parking/ignoreit.php

In your case, you responded quickly to the first offence notice. I would go to the Mississauga Court House on Burnhamthorpe and speak to a front-line ticket clerk about your situation. Make sure you bring the ...
by iFly55
Thu Feb 20, 2014 6:13 pm
Forum: Careless Driving
Topic: 3rd careless driving. Help
Replies: 17
Views: 7370

Re: 3rd careless driving. Help

For the third from a fault point of view its my fault but I hope to try and reduce it to following to closely. I don't have my G license but have a full Europe license and India license. Following Too Closely carries 4 demerit points, and will result in an automatic 30-day Drivers License Suspension. https://www.e-laws.gov.on.ca/html/regs/english ...
by iFly55
Wed Feb 19, 2014 2:57 am
Forum: Careless Driving
Topic: 3rd careless driving. Help
Replies: 17
Views: 7370

Re: 3rd careless driving. Help

From a Fault Determination POV, if only your vehicle was in motion then you're 100% at fault for both cars. If the vehicle you hit was also in motion then he's 50% at fault for the vehicle in front him. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

It's in your best interest to retain legal counsel on this. Prosecutors ...
by iFly55
Wed Feb 19, 2014 2:44 am
Forum: General Talk
Topic: Getting a professional opinion
Replies: 10
Views: 3211

Re: Getting a professional opinion

The crown most likely listens to the "momentary inattention" story everyday. They'll definitely have you test it with the JP to see if they believe it and if your daughter is unshaken under cross-examination.

There's a lot of decisions and precedent cases at http:///canlii.ca regarding "momentary inattention". You could do some research yourself ...
by iFly55
Tue Feb 18, 2014 3:52 pm
Forum: Improper left turn
Topic: Turn Not in Safety - Collision
Replies: 4
Views: 5450

Re: Turn Not in Safety - Collision

Would it be a good idea to choose option 2 (Early resolution) at this point and speak with the prosecutor? I am thinking that I could delay the court date a bit and take this option. Once I speak with the prosecutor and all that they offer me is a lessor fine, I can then decline and request a court date be set. I am hoping that my court date will ...
by iFly55
Tue Feb 18, 2014 3:25 pm
Forum: Careless Driving
Topic: Careless driving ticket at Reporting Center
Replies: 5
Views: 4215

Re: Careless driving ticket at Reporting Center

The other driver's written statement holds little weight in court. He has to repeat it under oath and be unwavering in his position under cross-examination.

If his oral testimony contradicts his written statement, then he'll have to explain why or his credibility will be questioned.

In voltech's case there maybe two witnesses providing evidence ...
by iFly55
Mon Feb 17, 2014 1:59 pm
Forum: Improper left turn
Topic: Turn Not in Safety - Collision
Replies: 4
Views: 5450

Re: Turn Not in Safety - Collision

I was summoned to the Mississauga Court House as an independent witness for a Careless Driving charge, and I watched a 'Turn Not in Safety' trial unfold. The left turning driver collided with a speeding red light runner. Left turn driver told the courts there were three lanes of traffic ahead of him; vehicles in lane 1 and 3 were completely stopped ...
by iFly55
Fri Feb 14, 2014 4:20 pm
Forum: Careless Driving
Topic: Careless driving ticket at Reporting Center
Replies: 5
Views: 4215

Re: Careless driving ticket at Reporting Center

@voltech the date error you described wouldn't automatically invalidate the ticket, it would give the officer less time to file it with the courts http://www.ontariohighwaytrafficact.com/topic1965.html

Careless is the appropriate charge in your case, but there is a plethora of decisions/trials/case-law that suggests momentary lack of attention is ...
by iFly55
Wed Feb 12, 2014 9:33 pm
Forum: Improper right turn
Topic: Improver Right Turn on Eglington from 403
Replies: 3
Views: 2798

Re: Improver Right Turn on Eglington from 403

As you exit off the 403 there are black and white signs which indicate the direction of travel assigned to each lane: http://goo.gl/maps/gVUAn

If you turned from the middle lane you disobeyed those enforceable black & white signs and HTA S.141 requires right turns to be made from the right lane.

http://www.e-laws.gov.on.ca/html/statutes/english ...
by iFly55
Tue Feb 11, 2014 1:21 am
Forum: General Talk
Topic: Would this be enough for an appeal?
Replies: 3
Views: 1837

Re: Would this be enough for an appeal?

Out of curiosity, is this your thread (http://www.ontariohighwaytrafficact.com/post31182.html) as well?
by iFly55
Mon Feb 10, 2014 5:07 pm
Forum: General Talk
Topic: Speeding charge - Do I qualify for 11(b) - Need advice
Replies: 15
Views: 5553

Re: Speeding charge - Do I qualify for 11(b) - Need advice

Unfortunately the crown can only give you what they have in their possession. Additional items they do not have will require a Freedom of Information Request at the relevant police station/service.

With respect to speeding offences ON prosecutors at the most give a full copy of the manual (by e-mail) and typed notes if they're not legible. You ...