Ontario Highway Traffic Act

Remember though that even with a 0 demerit point charge your insurance may still go up.

I would just have fought it with Charter argument of right to speedy trial!

But I am not suggesting the poster of this thread should ignore the ticket. Quebec and Ontario have reciprocal agreements so it will probably show up in Ontario.

So the question, to which I do not know the answer, is this ... If he was speeding, does part of the fault fall on him and his insurance, versus 100% fault for you?

This forum is predominantly about Ontario issues, so not sure if anybody can help you or not. I do not know anything about Quebec.

If you read HTA 154.1 http://www.ontario.ca/laws/statute/90h08#BK244 I do not see anything that relates to number of seats in a vehicle.

So assuming Young St is not a Kings Highway (you will have to verify this) then you should do the following:

- Plead NOT GUILTY and ask for a Trial with the officer present.
- Once you get your Notice of Trial ...

Okay that is good information. The full regulation is here:
http://www.ontario.ca/laws/regulation/070455

And it also defines "race and contest" which would be:

Definition, "race" and "contest"
2. (1) For the purposes of section 172 of the Act, "race" and "contest" include any activity where one or more persons engage in any of the following ...

@screech - so there is case law saying over 50 is racing and stunt?

I have never fought a charge this serious before, but here are the points I see that the prosecution has to prove...

(1) Identify you
(2) as the DRIVER
(3) of a MOTOR VEHICLE (as defined by the HTA)
(4) that was on a HIGHWAY (as defined by the HTA)
(5) that you were in a RACE or a CONTEST
(6) and that you were performing a STUNT (or that you there ...

The reason I asked the question above is this:

If the summons date is more than 6 months , then you simply show up and tell the JP/Judge that this is the same charge they charged her with last time and it was the wrong charge and was dropped and it should be dropped again. Since the 6 months have passed they can not lay another new charge again ...

When is the date on the summons? Does the date on the summons come before or after the 6 month mark from the last time you appeared before Judge?

Yes, most likely there will be no plea deal and prosecutor will seek the maximum sentence/fine.

Are you sure it is the same charge? It seems strange to me that they would drop the charge and then charge you with the same thing again. Usually they re-charge with a different more appropriate charge.

Did they drop the original charge before it went to trial, or did you actually have a trial and were found not guilty?

The summons date is NOT a ...

Insurance ruling on 50/50 is independent of the charges that police lay, as far as I know, although they will review the police report.

For example, let's say you ran a red light and the other person, with a green light, hits you. You would be 100% at fault for the accident. But let's say as soon as the other person hits you (even though it is ...

I am curious how you can use statements made by a witness at a previous trial in a re-trial.

When cross-examining a witness at the re-trial, if they give an answer that is contradictory to what they said at the first trial, what can you do?

If you have a copy of transcript can you question them about what they said at the first trial?

If you ...

What are the specific charges that you got (section numbers)?