Accidentally checking [x] collision box is not a fatal error.
List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html
London (City) v. Young, 2008 ONCA 429 (CanLII) http://canlii.ca/t/1x2n3
Search found 569 matches
- Wed Sep 25, 2013 4:39 pm
- Forum: General Talk
- Topic: Case law?
- Replies: 1
- Views: 1796
- Wed Sep 25, 2013 4:32 pm
- Forum: General Talk
- Topic: Drive without proper headlights - different bulb L to R
- Replies: 1
- Views: 1935
Re: Drive without proper headlights - different bulb L to R
Your best option would be to get it fixed and choose 'Early Resolution' meeting. It's not a trial, you're just in a room with the prosecutor and you can show him that you fixed the issue, and your charge may be dropped.
They've been using the green tickets since Mar 2012, and the address to the court house should be on the back of the ticket. If ...
They've been using the green tickets since Mar 2012, and the address to the court house should be on the back of the ticket. If ...
- Wed Sep 25, 2013 4:20 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: 129km/h in 100km/h zone on the 401. Chatham-Kent
- Replies: 3
- Views: 4639
Re: 129km/h in 100km/h zone on the 401. Chatham-Kent
http://www.e-laws.gov.on.ca/html/regs/e ... 0339_e.htm
+43kph = 4 demerit points
+29kph = 3 demerit points
The fine for +29kph looks correct (set fine = 29x3.75 = 108.75) + (victim surcharge = 25) + (court fee = 5) = 138.75
File it for trial, request disclosure and go from there.
+43kph = 4 demerit points
+29kph = 3 demerit points
The fine for +29kph looks correct (set fine = 29x3.75 = 108.75) + (victim surcharge = 25) + (court fee = 5) = 138.75
File it for trial, request disclosure and go from there.
- Wed Sep 25, 2013 4:14 pm
- Forum: General Talk
- Topic: Passing vehicles on a highway with just one lane for each
- Replies: 8
- Views: 2738
Re: Passing vehicles on a highway with just one lane for eac
regardless of whether what you did was "Right" or "Wrong", it is still in your best interest to go through the entire process
choose 'Trial' rather than 'Early Resolution'; with trial you atleast have a chance that the officer may not show
request disclosure: ask for the officer's notes and the operating manual for his speed measuring device; at ...
choose 'Trial' rather than 'Early Resolution'; with trial you atleast have a chance that the officer may not show
request disclosure: ask for the officer's notes and the operating manual for his speed measuring device; at ...
- Wed Sep 11, 2013 3:24 pm
- Forum: General Talk
- Topic: Couple of questions regarding a 50 in a school zone 40
- Replies: 4
- Views: 2487
Re: Couple of questions regarding a 50 in a school zone 40
I was going either 64 or 67 in a 60, but the 60 suddenly became a 40 school zone. There was no warning that the 40 was ahead, and I noticed the sign I did go past is in some trees, which I might be able to argue makes it difficult to see, although it also had a flashing yellow light on the top of the sign. It was my first time on this street ...
- Wed Sep 11, 2013 3:15 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Charged going 127 in 80 KM zone on 401
- Replies: 3
- Views: 2209
Re: Charged going 127 in 80 KM zone on 401
out of curiosity, were you charged near 410?
- Tue Aug 13, 2013 11:02 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 90 in a 60
- Replies: 5
- Views: 2430
Re: 90 in a 60
Option 2 - Early Resolution
You will be looking at a fine & demerit point reduction especially because it's your first offence.
Option 3 - Trial
You can set a trial date, request disclosure, review the officer's notes & speed measuring manual; this is a better option imo, because you have the benefit of the "officer no-show" & "officer no-notes ...
You will be looking at a fine & demerit point reduction especially because it's your first offence.
Option 3 - Trial
You can set a trial date, request disclosure, review the officer's notes & speed measuring manual; this is a better option imo, because you have the benefit of the "officer no-show" & "officer no-notes ...
- Tue Aug 13, 2013 11:02 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 90 in a 60
- Replies: 5
- Views: 2430
Re: 90 in a 60
Option 2 - Early Resolution
You will be looking at a fine & demerit point reduction especially because it's your first offence.
Option 3 - Trial
You can set a trial date, request disclosure, review the officer's notes & speed measuring manual; this is a better option imo, because you have the benefit of the "officer no-show" & "officer no-notes ...
You will be looking at a fine & demerit point reduction especially because it's your first offence.
Option 3 - Trial
You can set a trial date, request disclosure, review the officer's notes & speed measuring manual; this is a better option imo, because you have the benefit of the "officer no-show" & "officer no-notes ...
- Tue Aug 13, 2013 12:38 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Reduced ticket from 46 km/h over
- Replies: 12
- Views: 4298
Re: Reduced ticket from 46 km/h over
Thanks for replying. I saw a thread by z24guy where he made a request in his disclosure for:
- Calibration Certificate for the Radar
- Calibration Certificate for any calibration equipment (may sound stupid, but in a proper calibration, you should be able to trace the equipment back to the standard)
- Certificate of Conformance (a written record ...
- Calibration Certificate for the Radar
- Calibration Certificate for any calibration equipment (may sound stupid, but in a proper calibration, you should be able to trace the equipment back to the standard)
- Certificate of Conformance (a written record ...
- Mon Aug 05, 2013 12:04 pm
- Forum: Parking Tickets
- Topic: Parking in fire route
- Replies: 11
- Views: 13204
Re: Parking in fire route
50% off would most likely be the prosecution's plea-deal; you could maybe get it even lower if you show financial hardship to the Justice of Peace (ie: unemployed, kids, homeless, welfare)Shorestones wrote:But how low can the clerk reduce the fine to? $20? I doubt they'd reduce a $200 fine to even $40. Anyone tried?
- Sun Aug 04, 2013 2:14 pm
- Forum: Parking Tickets
- Topic: Parking in fire route
- Replies: 11
- Views: 13204
Re: Parking in fire route
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK21[quote]Certificate and notice of parking infraction
Service on owner
(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,
(a) by affixing it to the vehicle in a conspicuous place at ...
Service on owner
(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,
(a) by affixing it to the vehicle in a conspicuous place at ...
- Wed Jul 31, 2013 5:52 pm
- Forum: Parking Tickets
- Topic: Parking on highway between 3AM and 6AM - Municipal Bylaw
- Replies: 2
- Views: 4940
Re: Parking on highway between 3AM and 6AM - Municipal Bylaw
I might be wrong, but i believe these signs are posted when you enter the Town of Richmond Hill from other jurisdictions. They have signs that read "unposted roads have speed limits of 50kph & no parking between the hours of x and y, unless otherwise noted"; example: http://goo.gl/maps/XwBju
http://www.richmondhill.ca/subpage.asp?pageid=pd_parking ...
http://www.richmondhill.ca/subpage.asp?pageid=pd_parking ...
- Wed Jul 31, 2013 5:34 pm
- Forum: General Talk
- Topic: Unique situation re: fighting traffic ticket
- Replies: 1
- Views: 1549
Re: Unique situation re: fighting traffic ticket
Paying the ticket to get the clock started might be a strategic decision in your specific case. However, it's always in your best interest at the very least to see the officer's notes and go through the process.
- Wed Jul 31, 2013 3:22 pm
- Forum: General Talk
- Topic: Entire plate not plainly visible
- Replies: 2
- Views: 6462
Re: Entire plate not plainly visible
You should request for disclosure (officer's notes) and schedule a trial/early-resolution meeting.
Disobeying the sign under S.182 of the HTA carries two demerit points: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm
Look up the by-law that enforces the sign, and you might be able to get the charge reduced to a municipal ...
Disobeying the sign under S.182 of the HTA carries two demerit points: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm
Look up the by-law that enforces the sign, and you might be able to get the charge reduced to a municipal ...
- Thu Jul 25, 2013 8:09 pm
- Forum: Bylaws Pertaining to Traffic
- Topic: toronto by-law 132/93 section 3(a) and insurance
- Replies: 4
- Views: 4581
Re: toronto by-law 132/93 section 3(a) and insurance
by-law tickets don't appear on your driving record and won't affect your insurance premiums
there are some by-law tickets associated with prohibited turns that involve 2 demerit points, but those won't affect your insurance unless you've collected enough points to get your license suspended
http://www.ontariohighwaytrafficact.com/post23890.html
there are some by-law tickets associated with prohibited turns that involve 2 demerit points, but those won't affect your insurance unless you've collected enough points to get your license suspended
http://www.ontariohighwaytrafficact.com/post23890.html
- Sat Jul 20, 2013 7:52 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: She has take photo of my licence plate
- Replies: 2
- Views: 2341
Re: She has take photo of my licence plate
I've been a situation where I witnessed a car back into another car (destroying the front-end) on a residential street in Peel. The other driver floored it out of there.
I contacted non-emerg, the operator told me told me the car belonged to a house on the street and to ring them, i rang the bell to no avail. The operator also tried calling them ...
I contacted non-emerg, the operator told me told me the car belonged to a house on the street and to ring them, i rang the bell to no avail. The operator also tried calling them ...
- Tue Jul 16, 2013 11:08 pm
- Forum: Failing to stop for a school bus
- Topic: Was I wrong?
- Replies: 1
- Views: 2836
Re: Was I wrong?
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK254
HTA S. 175 (11) Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching ...
HTA S. 175 (11) Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching ...
- Tue Jul 02, 2013 6:00 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: So My Ticket Didn't Get Dismissed.... What Now?
- Replies: 3
- Views: 2938
Re: So My Ticket Didn't Get Dismissed.... What Now?
edit: R. v. Dixon, [1998] 1 SCR 244 - Supreme Court of Canada 55 It must be remembered that defence counsel is not entitled to assume at any point that all relevant information has been disclosed to the defence. Just as the Crown's disclosure obligations are ongoing, and persist throughout the trial process, so too does defence counsel's obligation ...
- Tue Jul 02, 2013 5:48 pm
- Forum: General Talk
- Topic: Driving left of centre / lesser charge
- Replies: 3
- Views: 5377
Re: Driving left of centre / lesser charge
I would file it for trial with your intention to appear and fight the charges; when you receive your notice of trial, request for disclosure.
I wouldn't be too worried about upgraded charges because you chose to fight it; if it was S. 149 then the crown will most likely withdraw the charge based on both parties accounts (you + witness)
i think ...
I wouldn't be too worried about upgraded charges because you chose to fight it; if it was S. 149 then the crown will most likely withdraw the charge based on both parties accounts (you + witness)
i think ...
- Tue Jul 02, 2013 4:57 pm
- Forum: General Talk
- Topic: Driving left of centre / lesser charge
- Replies: 3
- Views: 5377
Re: Driving left of centre / lesser charge
they have 6 months from the alleged offense date to charge you with careless driving by ways of a Part 3 summons; did the officer witness you driving passed the centre line? if not, the other driver will have to appear as a witness and testify at trial
were you charged under S. 149 of the HTA? If i'm reading that section correctly, the only ...
were you charged under S. 149 of the HTA? If i'm reading that section correctly, the only ...
- Tue Jul 02, 2013 4:45 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: So My Ticket Didn't Get Dismissed.... What Now?
- Replies: 3
- Views: 2938
Re: So My Ticket Didn't Get Dismissed.... What Now?
i think it's great that you're changing your driving habits to drive at the limit, and you should continue to do so
1.) On the scene, the officer said he got me at 137km/h, but said he "gave me a break" and "only put 130 on the ticket" ... If the case was brought to court, would the court HAVE to amend the charge up to the highest speed recorded ...
1.) On the scene, the officer said he got me at 137km/h, but said he "gave me a break" and "only put 130 on the ticket" ... If the case was brought to court, would the court HAVE to amend the charge up to the highest speed recorded ...
- Thu Jun 27, 2013 2:55 pm
- Forum: General Talk
- Topic: Got 2 Tickets
- Replies: 5
- Views: 1944
Re: Got 2 Tickets
If the improper brakes are under S. 64 of the HTA, then both tickets don't carry demerit points. Option 2: the crown will most likely drop one of the tickets and have the other ticket's fine reduced. You may have to show that you fixed the brake system through a work-order or some pictures.
If you choose to plead guilty to both or one of the ...
If you choose to plead guilty to both or one of the ...
- Mon Jun 17, 2013 6:57 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Speeding Defenses + 11b Q
- Replies: 7
- Views: 5572
Re: Speeding Defenses + 11b Q
just an update on what took place today at trial
so the prosecutor advises me that the delay is actually 5 months and 17 days; she said she was going introduce case-law during the motion; i asked her if i could have the by-law for the speed limit sign, i even produced the by-law information i got from the city; prosecutor says no, it's not fair ...
so the prosecutor advises me that the delay is actually 5 months and 17 days; she said she was going introduce case-law during the motion; i asked her if i could have the by-law for the speed limit sign, i even produced the by-law information i got from the city; prosecutor says no, it's not fair ...
- Thu May 30, 2013 10:29 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Speeding Defenses + 11b Q
- Replies: 7
- Views: 5572
Speeding Defenses + 11b Q
I want to get some help with a speeding ticket i'm fighting.
On Jun 23, 2012 I was charged with speeding 106 in an 80 zone. I filed my ticket for trial on Jun 27, 2012. Late July i received my 'notice of trial' indicating a trial date for Jan 8, 2013. On August 1, 2012 I requested for disclosure asking for:
*officer's notes, if short-form writing ...
On Jun 23, 2012 I was charged with speeding 106 in an 80 zone. I filed my ticket for trial on Jun 27, 2012. Late July i received my 'notice of trial' indicating a trial date for Jan 8, 2013. On August 1, 2012 I requested for disclosure asking for:
*officer's notes, if short-form writing ...
- Wed May 15, 2013 4:52 pm
- Forum: General Talk
- Topic: How to fight a cell phone ticket??
- Replies: 1
- Views: 5107
Re: How to fight a cell phone ticket??
You can fight the ticket, this is an usual case where I believe both officers have to appear in court. You can start the process by filing the ticket for trial and requesting disclosure once you receive your notice of trial.
- Mon May 13, 2013 6:56 pm
- Forum: Failing to obey signs
- Topic: Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.
- Replies: 6
- Views: 2707
Re: Disobey Sign 182 (2) on HWY 401. Slight errors on ticke
HTA S.128 is quite clear: you can not travel even 1kph over the posted limit, even to overtake other vehicles.
HTA S.150 - allows for vehicles to overtake on the right
HTA S.147 - slower vehicles should travel on the furthest right lane
even though pacing appears to be inferred; in the disclosure you received, does it say what your speed was and ...
HTA S.150 - allows for vehicles to overtake on the right
HTA S.147 - slower vehicles should travel on the furthest right lane
even though pacing appears to be inferred; in the disclosure you received, does it say what your speed was and ...
- Fri May 10, 2013 10:28 am
- Forum: Courts and Procedure
- Topic: No disclosure for cell phone ticket GTA
- Replies: 4
- Views: 3240
Re: No disclosure for cell phone ticket GTA
You have an opportunity to go the 11b route; it appears it has been 12 months since your offense.
bend has already noted, you will have to convince the JP you did not receive your notice of trial by mail; you exercised due diligence by calling the courts and learning of the date and immediately requested for disclosure
you received it at trial ...
bend has already noted, you will have to convince the JP you did not receive your notice of trial by mail; you exercised due diligence by calling the courts and learning of the date and immediately requested for disclosure
you received it at trial ...
- Sat Apr 27, 2013 2:00 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket
- Replies: 15
- Views: 7241
Re: Speeding ticket
Even if his radar evidence were to get dismissed, the officer could testify that you admitted to speeding 50 in a 40; the courts are only concerned with whether you were traveling faster than the posted limit even by +1kph... how much faster is simply a matter of fines/demerit-points
http://www.ontariohighwaytrafficact.com/topic1965.html regarding ...
http://www.ontariohighwaytrafficact.com/topic1965.html regarding ...
- Tue Apr 16, 2013 12:16 pm
- Forum: Courts and Procedure
- Topic: New options on back of tickets
- Replies: 19
- Views: 12394
Re: New options on back of tickets
Corporation (City of Mississauga) v. Lam, 2012 ONCJ 734 (CanLII)
http://canlii.ca/t/ftxn2
It appears that when you select Option 2 - "First Attendance Meeting" after receiving your offence notice, it will be considered as a neutral delay for your 11b time calculations; it could also be considered an implicit waiver of the delay.
http://canlii.ca/t/ftxn2
It appears that when you select Option 2 - "First Attendance Meeting" after receiving your offence notice, it will be considered as a neutral delay for your 11b time calculations; it could also be considered an implicit waiver of the delay.
- Mon Dec 24, 2012 1:52 pm
- Forum: Courts and Procedure
- Topic: "Orange & Black" Speed Limits are unenforceable
- Replies: 3
- Views: 3678
"Orange & Black" Speed Limits are unenforceable
Durham (Regional Municipality) v. Snowden, 2012 ONCJ 676 (CanLII)
http://canlii.ca/t/ftjsp[quote]52. The court therefore finds that while the orange and black temporary or advisory speed limit signs to be unenforceable. Given the white regulatory speed limit signs with black lettering which are enforceable were covered at the time of the alleged ...
http://canlii.ca/t/ftjsp[quote]52. The court therefore finds that while the orange and black temporary or advisory speed limit signs to be unenforceable. Given the white regulatory speed limit signs with black lettering which are enforceable were covered at the time of the alleged ...