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I was of the same understanding as Stanton, thestar also wrote another article about advanced green - red light right-turns where a drivetest examiner failed a student for making the turn. http://www.wheels.ca/feature/turning-right-on-red-has-shades-of-grey/ Although I agree we should all practice patience and yield to traffic, but if there is no ...

If the lights at Markham Rd. were all red except for a green left turning indicating arrow, then you yourself can not make a red-light right turn even if you had come to a complete stop. http://goo.gl/maps/zEtzb

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK219[quote]Green arrow
(14) Every driver approaching a ...

It's my understanding that they can't change the charge. you're there to fight the speeding they can't just change it to something else to suit their needs. (I believe this falls under double jeparody) This can only be done if the circumstances changed... IE.. you got charged with aggravated assault first.. then the victim dies so it's upped to ...

http://www.toronto.ca/legdocs/2006/agendas/committees/wks/wks060911/it036.pdf

The Province maintains that pocket bikes are not permitted to be operated on roadways as they do not meet the safety standards, both federal and provincial, for vehicles that may be used on public roads. In particular, subsection 7(1) of the HTA provides that no person ...

if you're convicted of all three offences, the points will not be cumulative; they will only consider the ticket with the highest points.

http://www.simonborys.ca/2011/06/demerit-points-in-ontario/[quote]If multiple convictions arise out of the same set of circumstances then you are only assessed the points associated with the single largest ...

You can get the by-law through the city where the 40kph sign is posted. You can give them a call, and they may send you the by-law through e-mail.

Do not proceed to trial without getting disclosure (officer's notes); at this moment, you have no idea what the officer is going to say in his testimony.

It's absolutely in your best interest to file an 11 (b), especially if the delay from the date you "filed your intention to appear" to your "trial" date is 14mths, and all attributed to the crown ...

In closing submissions i told the courts that I respect the HTA and understand why there are different posted limits for different areas: 60kph in residential areas, 40kph in school zones and also 80kph on country roads. I told the courts I always drive in the right lane at or below the posted limit, even on the 400-series highways I drive at 95kph ...

For the sake of closure, i'll share the judgments my JP handed down; JP took about a month for the 11b decision and four months for the trial.

In early July my 11b motion failed, the JP ultimately found the adjournment delay as a "neutral" one where no one was at fault. Therefore the remaining time did not infringe on my rights. Andrade decision ...

While approaching Bathurst going w/b on Lakeshore there is a Green/White sign that reads, "Fleet St. via Strachan Ave": http://goo.gl/maps/hmrby

Black/White 'Keep Left' sign appears to stop w/b lakeshore drivers from driving into e/b fleet street drivers: http://goo.gl/maps/IjBm0 Although there are plenty of 'Do Not Enter' signs to protect those e ...

Sample Disclosure Request: http://www.ontariohighwaytrafficact.com/topic2959.html

You have to submit the request at the prosecutor's office at least 8 weeks before your trial. You'll most likely have to pick up disclosure in-person at the prosecutor's office, they might have an e-mail option.

http://www.ibc.ca/en/car_insurance/docu ... re_eng.pdf

It depends on your insurance company, ibc faq brochure says that +1 to +49kph is considered a minor offence and +50kph is considered a major offence; your insurance company can rate speeds differently... there might be more information on your insurance policy.

If you had hit the animal it would not be considered an "at-fault collision", and the loss would be covered under your "comprehensive". Unfortunately, because you swerved to save the animal you put yourself in more danger by losing control and flying into the ditch.

Were you driving a long vehicle? Even 18-wheel transport trucks don't require more than two lanes to execute turns at intersections; why did you need three lanes? Were you trying to get into a driveway/gas station on the far right side? fear of mounting the island curb? crashing into the traffic signal?

http://www.e-laws.gov.on.ca/html/statutes ...

What speed did the red light camera say you were going?

Not only that, but some municipalities are recovering traffic fines through property taxes

http://www.thestar.com/news/city_hall/2 ... taxes.html

You'll have to re-request for the speed measuring device manual again.

if it's your first appearance, they'll give you an adjournment to review the disclosure without any problems; however, the prosecutor will make sure that it's on the record you requested for disclosure 2 weeks before your trial, and the provincial guidelines require them made at least a minimum of 8 weeks before the trial.

the new adjournment ...

I still believe the prosecutor will plea bargain with you in an effort to avoid a trial. You still have a chance with highwaystar's "guardian angel" option.

Careless Driving could be plea-bargained down to charges that carry 3pts (HTA S.141 (5)) to 4pts (HTA S.158). I'm not aware of any amended/alternate charges for backing on highway, so you'll ...

file the ticket for trial and request disclosure

R. v. Capobianco, 2010 ONCA 589 (CanLII): http://canlii.ca/t/2cj6m

crown needs to not only prove that you failed to drive in a marked lane, but also that the manoeuvre was not made in safety.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK230[quote]Where highway ...

Careless Driving is exactly what you did, "I closed my eyes and ran into the back of a small car with my van".

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK202[quote]130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or ...

The crown will be aware that you've already been given a huge break; you've already avoided an expensive 7-day drivers license suspension & 7-day vehicle seizure.

You will not get any further speed reductions, however depending on your financial security you might be able to sway the Justice of Peace in reducing the fine and/or getting extra time ...

what exactly were you charged with?

epcjay wrote:Any update on your Trial?

FYI this discussion was continued in another thread

http://www.ontariohighwaytrafficact.com/post30434.html

@cclo

You're in a unique position where the officer made a "fatal error" on your ticket. This fatal error gives you the opportunity to get the ticket dropped.

You can force a fatal error by choosing two options:

1) Ignoring the ticket
2) Choosing the trial option, and not showing

In your absence, a JP will examine the ticket and make sure ...

There are a lot of schools in Ontario, and roads adjacent to them could be considered "school zones". However, fines for speeding and traffic offences can only be increased in designated "Community Safety Zones".

I'm familiar with that stretch of Brimley, and I don't believe that's a Community Safety Zone. So all the fines would be regular.

for ...

They need the officer (crown witness) to appear in court and testify against you. If your court is anywhere in the GTA, your charge will most likely get withdrawn because they're way too congested to re-schedule.

They will most likely plea-bargain down to HTA S.182 - Disobey Sign, which carries two demerit points rather than three. They will most ...

I received my trial notice and am about to send my disclosure request. Would it be a good idea to ask for GPS coordinates and a description of the terrain where the alleged offense took place and where he pulled me over. The group of cars I was in was coming over a hill. Then, I lost sight of the cruiser in my rear view mirror, because there was ...

Signs are absolute liability offences, there are no "due diligence" defences available for them. Courts are only interested in whether you disobeyed the sign or not, "the why" may affect your sentencing for a reduced fine.

afaik, the 'New' are more of a courtesy rather than a requirement. In my area they installed a new stop sign near a school and ...

hey, sorry to resurrect an old thread, but i have a trial tomorrow and would appreciate some clarification:

the cop was on general patrol and charged me with speeding. He did not mention in his notes he tested the mounted radar unit in his moving vehicle. I received disclosure and am prepared to make a motion to not permit any other evidence ...