it will be interesting to read the officers notes and his account of the situation. Apparently he did not see the accident avoidance part. Your account of the situation seems reasonable that you were avoiding an accident, and your testimony at trial would go a long way to getting the charge dropped.
Careless is a tougher charge for the prosecution ...
Search found 1722 matches
- Sun Jun 12, 2016 8:54 am
- Forum: Careless Driving
- Topic: Careless Charge - No Accident
- Replies: 24
- Views: 12869
- Sat Jun 11, 2016 11:27 pm
- Forum: General Talk
- Topic: 2 tickets on 401: speeding and permit
- Replies: 29
- Views: 9017
Re: 2 tickets on 401: speeding and permit
Just be aware that I don't believe the court decision regarding the permit having to be valid isn't a binding decision.
Yes but right under 6. (1) you need to read 6. (2) that says:
"6. (2) Evidence of validation for a permit shall be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of ...
Yes but right under 6. (1) you need to read 6. (2) that says:
"6. (2) Evidence of validation for a permit shall be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of ...
- Fri Jun 10, 2016 7:13 pm
- Forum: General Talk
- Topic: Speeding Ticket (possible fatal error)
- Replies: 59
- Views: 33520
Re: Speeding Ticket (possible fatal error)
Congratulations on the win!
This was an APPEAL hearing, correct?
This was an APPEAL hearing, correct?
- Fri Jun 10, 2016 9:26 am
- Forum: General Talk
- Topic: Stunt/Racing Charge
- Replies: 21
- Views: 38494
Re: Stunt/Racing Charge
I believe they have up to 6 months from date of offence to re-issue and re-serve a new ticket. If they can't find you, then can just mail it your last know address and that is considered served.
- Thu Jun 09, 2016 5:13 pm
- Forum: General Talk
- Topic: Stopped for truck inspection, charter challenge 10 (b)?
- Replies: 32
- Views: 13605
Re: Stopped for truck inspection, charter challenge 10 (b)?
Yes it should be, but you will still need copies of the transcript from any court appearances already.
3 weeks before the July 26th trial date, I would file the 11b.
3 weeks before the July 26th trial date, I would file the 11b.
- Thu Jun 09, 2016 1:54 pm
- Forum: General Talk
- Topic: Stopped for truck inspection, charter challenge 10 (b)?
- Replies: 32
- Views: 13605
Re: Stopped for truck inspection, charter challenge 10 (b)?
The officer that witnessed you supposedly talking on your phone MUST be at the trial in order to testify, otherwise if the trial starts and the officer is not there, then they will have to drop that charge.
You can google information on filling an 11b, however you will need transcripts of all your previous court appearances because they need to be ...
You can google information on filling an 11b, however you will need transcripts of all your previous court appearances because they need to be ...
- Wed Jun 08, 2016 5:39 pm
- Forum: Parking Tickets
- Topic: $150 for being 6 mins late
- Replies: 6
- Views: 4746
Re: $150 for being 6 mins late
Toronto courts are backed up so there is a good chance that if you fight it, it will take more than a year to get a trial date and then you can get it dropped by filling an 11b "right to timely trial".
- Wed Jun 08, 2016 5:07 pm
- Forum: General Talk
- Topic: Disclosure and improper radar manual
- Replies: 8
- Views: 3315
Re: Disclosure and improper radar manual
No it's not as the testing pages I got clearly say "Genesis II Directional Rev 02/05" at the top which is not the same as a "Genesis II Select Directional Rev 25/AUG/2010."
So they may similar, but they are not the same.
So they may similar, but they are not the same.
- Wed Jun 08, 2016 4:26 pm
- Forum: General Talk
- Topic: Disclosure and improper radar manual
- Replies: 8
- Views: 3315
Disclosure and improper radar manual
From disclosure, the officers notes state the serial number of the radar unit and that it was a Genesis II Directional.
Also in disclosure were two pages of the radar manual (Field Tests section) and across the top of these pages it says Genesis II Directional (Rev 02/05). So the test pages match the model given in officers notes.
I received the ...
Also in disclosure were two pages of the radar manual (Field Tests section) and across the top of these pages it says Genesis II Directional (Rev 02/05). So the test pages match the model given in officers notes.
I received the ...
- Wed Jun 08, 2016 7:31 am
- Forum: General Talk
- Topic: Speeding ticket, paralegal plead guilty, filling appeal?
- Replies: 3
- Views: 2205
Re: Speeding ticket, paralegal plead guilty, filling appeal?
You only have 30 days to file an appeal.
Your only option now is to sue x-copper for malpractice.
Your only option now is to sue x-copper for malpractice.
- Tue Jun 07, 2016 7:26 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Ticket for 35km over, help with disclosure appreciated!
- Replies: 20
- Views: 6762
Re: Ticket for 35km over, help with disclosure appreciated!
But how am I expected to properly cross-examine the officer if I dont have knowledge about the radar, and how do I gain this knowledge without being provided with the manual? Seeing the manual for a couple minutes prior to the trial doesn't give me enough time to properly build my case and cross-examine the officer.
That is exactly the argument ...
That is exactly the argument ...
- Mon Jun 06, 2016 12:43 pm
- Forum: General Talk
- Topic: 2 tickets on 401: speeding and permit
- Replies: 29
- Views: 9017
Re: 2 tickets on 401: speeding and permit
If you ask for disclosure, the officers notes should say there was not sticker on the ownership portion. Then just show them the section in the HTA that says it is not required.
- Mon Jun 06, 2016 11:10 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Ticket for 35km over, help with disclosure appreciated!
- Replies: 20
- Views: 6762
Re: Ticket for 35km over, help with disclosure appreciated!
Lock speed does not matter. It's the highest speed that the officer SAW on the radar that they can charge you with.
It appears that the officer has the test times mentioned both before and after your stop. If money is an issue then you might want to take a plea deal if offered by the prosecutor. Otherwise you could take the time to fight it (you ...
It appears that the officer has the test times mentioned both before and after your stop. If money is an issue then you might want to take a plea deal if offered by the prosecutor. Otherwise you could take the time to fight it (you ...
- Sun Jun 05, 2016 3:51 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 1st Trial re speeding ticket - need help
- Replies: 9
- Views: 3179
Re: 1st Trial re speeding ticket - need help
Insurance does not care about how many demerit points are associated with the speeding charge. They see anything from 1 over to 49 over as the same thing (minor conviction) and all may cause your rates to go up the same. So getting the charge reduced to even 15 over and 0 demerits will not help you from an insurance point of view.
Defense of ...
Defense of ...
- Sun Jun 05, 2016 3:35 pm
- Forum: Criminal Offences
- Topic: dangerous driving and abstract
- Replies: 2
- Views: 2925
Re: dangerous driving and abstract
You would have to specifically ask an insurance company to be sure, but my understanding is they only use last 3 years.
- Thu Jun 02, 2016 11:11 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Ticket for 35km over, help with disclosure appreciated!
- Replies: 20
- Views: 6762
Re: Ticket for 35km over, help with disclosure appreciated!
Usually if you get the disclosure 2 weeks or more ahead of time, that should be enough time to prepare.
If you have not received it with less than 2 weeks to go, then contact clerk of the court and try and get them to reschedule because of the distance. If they won't do it, then contact prosecutors officer and see if they will ask for a ...
If you have not received it with less than 2 weeks to go, then contact clerk of the court and try and get them to reschedule because of the distance. If they won't do it, then contact prosecutors officer and see if they will ask for a ...
- Thu Jun 02, 2016 10:18 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Ticket for 35km over, help with disclosure appreciated!
- Replies: 20
- Views: 6762
Re: Ticket for 35km over, help with disclosure appreciated!
When I can't read their writing, I send another disclosure request something like this:
I received a copy of the officer's notes, however they are very hard to read and I can not decipher most of them and am therefore unable to make full answer to charges. I am requesting a typed copy of the officers notes, and please also included the meaning of ...
I received a copy of the officer's notes, however they are very hard to read and I can not decipher most of them and am therefore unable to make full answer to charges. I am requesting a typed copy of the officers notes, and please also included the meaning of ...
- Thu Jun 02, 2016 3:34 pm
- Forum: Failing to lower headlamp beams
- Topic: 2 Tickets Same Time, Different Courthouses
- Replies: 9
- Views: 4326
Re: 2 Tickets Same Time, Different Courthouses
Congratulations!
- Wed Jun 01, 2016 6:03 am
- Forum: Hand-held devices
- Topic: Ticket for hand held communication device
- Replies: 4
- Views: 7525
Re: Ticket for hand held communication device
This is a hard one to beat but you need disclosure before you really know how to fight it.
Plead not guilty and request a trial with the officer present. Once you get your notice of trial with a trial date, then you can request disclosure (officers notes). Once you get the disclosure post it here so we can review it.
Plead not guilty and request a trial with the officer present. Once you get your notice of trial with a trial date, then you can request disclosure (officers notes). Once you get the disclosure post it here so we can review it.
- Mon May 30, 2016 1:45 pm
- Forum: General Talk
- Topic: 2 tickets on 401: speeding and permit
- Replies: 29
- Views: 9017
Re: 2 tickets on 401: speeding and permit
I would choose option 3 for both tickets.
Since one of them is not a proper charge it will have no effect with regards to the speeding charge.
Once you get your notice of trial for both tickets and request disclosure for both tickets and get the disclosure back, you can then write a letter to prosecutor asking if they will drop the permit one ...
Since one of them is not a proper charge it will have no effect with regards to the speeding charge.
Once you get your notice of trial for both tickets and request disclosure for both tickets and get the disclosure back, you can then write a letter to prosecutor asking if they will drop the permit one ...
- Mon May 30, 2016 12:27 pm
- Forum: Careless Driving
- Topic: Careless Driving Summons Under Part I as result of accident
- Replies: 20
- Views: 10203
Re: Careless Driving Summons Under Part I as result of accid
The officers have to show up to testify about any statements made by you or witnesses. And they need to testify about identifying you. And they need to testify that they gave you a summons.
They will not be at the summons date as this is not your trial. They do need to be at the actual trial whenever that is set for.
Nothing you are describing is ...
They will not be at the summons date as this is not your trial. They do need to be at the actual trial whenever that is set for.
Nothing you are describing is ...
- Mon May 30, 2016 12:00 pm
- Forum: General Talk
- Topic: 2 tickets on 401: speeding and permit
- Replies: 29
- Views: 9017
Re: 2 tickets on 401: speeding and permit
The law was changed a few years ago and you are NOT required to have a sticker on the ownership, only on the plate, so you should definitely fight this one as it will get dropped.
For speeding, you can not know how to fight it until you get disclosure. I recommend you plead not guilty and request a trial with the officer present. Once you get your ...
For speeding, you can not know how to fight it until you get disclosure. I recommend you plead not guilty and request a trial with the officer present. Once you get your ...
- Mon May 30, 2016 11:57 am
- Forum: Careless Driving
- Topic: Careless Driving Summons Under Part I as result of accident
- Replies: 20
- Views: 10203
Re: Careless Driving Summons Under Part I as result of accid
A brief is usually part of disclosure... it basically summarizes everything for the prosecutor so they know what is going on.
But remember that the prosecutor is not required to offer you any kind of plea deal at all. So if they do decide to offer you a plea, they could offer you one without seeing the brief, but usually they will want to see the ...
But remember that the prosecutor is not required to offer you any kind of plea deal at all. So if they do decide to offer you a plea, they could offer you one without seeing the brief, but usually they will want to see the ...
- Sun May 29, 2016 10:06 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Going 83km/h in 50km/h zone
- Replies: 14
- Views: 5507
Re: Going 83km/h in 50km/h zone
No it does not.
- Sun May 29, 2016 12:57 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Going 83km/h in 50km/h zone
- Replies: 14
- Views: 5507
Re: Going 83km/h in 50km/h zone
Parking tickets do not affect your insurance. If you won against careless charge then it is not on your record and will not affect insurance either.
- Sun May 29, 2016 11:55 am
- Forum: General Talk
- Topic: Need help with a traffic ticket
- Replies: 17
- Views: 7207
Re: Need help with a traffic ticket
If you decide to appeal, you still have to pay the fine first and the conviction will show up on your record until you win the appeal.
I think there is some other form you can request so that you do not have to pay the fine until after the appeal, so check for that one as well.
And the chances of the officer not showing up are very slim, but it ...
I think there is some other form you can request so that you do not have to pay the fine until after the appeal, so check for that one as well.
And the chances of the officer not showing up are very slim, but it ...
- Sat May 28, 2016 8:38 pm
- Forum: General Talk
- Topic: Need help with a traffic ticket
- Replies: 17
- Views: 7207
Re: Need help with a traffic ticket
I am a big advocate of self-representation and of fighting every ticket that you get. Unfortunately, you can't win them all.
In this case, I honestly beleive the best case scenario is that you show up for court and the prosecutor tells you they are dropping the charge because the officer did not show up. If the officer shows up, I really do not ...
In this case, I honestly beleive the best case scenario is that you show up for court and the prosecutor tells you they are dropping the charge because the officer did not show up. If the officer shows up, I really do not ...
- Sat May 28, 2016 5:18 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Going 83km/h in 50km/h zone
- Replies: 14
- Views: 5507
Re: Going 83km/h in 50km/h zone
It is almost always to your benefit to plead Not Guilty and request a trial with the officer present. Once they give you a trial date, then you can request disclosure (officers notes).
There is no way to guess at what defense you could use until you get the notes and see what they say.
Insurance does not care about demerit points. So speeding 1 ...
There is no way to guess at what defense you could use until you get the notes and see what they say.
Insurance does not care about demerit points. So speeding 1 ...
- Sat May 28, 2016 11:55 am
- Forum: General Talk
- Topic: Need help with a traffic ticket
- Replies: 17
- Views: 7207
Re: Need help with a traffic ticket
Video is irrelevent here unless you think there is something specific in it that would help your case but it does not sound like it.
The officers notes are reallly good and looks like everything is there that needs to be for a conviction.
So if the officer gets on the stand and says everything above and then you get on the stand and say "I don't ...
The officers notes are reallly good and looks like everything is there that needs to be for a conviction.
So if the officer gets on the stand and says everything above and then you get on the stand and say "I don't ...
- Fri May 27, 2016 11:01 pm
- Forum: Careless Driving
- Topic: Summons for Careless Driving, Read End Collision
- Replies: 9
- Views: 5119
Re: Summons for Careless Driving, Read End Collision
Well that is great news for you! Congratulations on your win! 