Search found 569 matches

by iFly55
Wed Sep 25, 2013 4:39 pm
Forum: General Talk
Topic: Case law?
Replies: 1
Views: 1796

Re: Case law?

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
by iFly55
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 ...
by iFly55
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.
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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?
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
Mon Aug 05, 2013 12:04 pm
Forum: Parking Tickets
Topic: Parking in fire route
Replies: 11
Views: 13204

Re: Parking in fire route

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?
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)
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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.
by iFly55
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 ...
by iFly55
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
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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.
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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 ...
by iFly55
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.
by iFly55
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 ...