Search found 61 matches

by mnstrcck
Sun Oct 14, 2012 12:05 pm
Forum: Failing to remain at the scene of a collision
Topic: hit and run failure to remain
replies: 10
views: 7382

Re: hit and run failure to remain

This sounds more like a civil matter, in which case, the whole duress thing wouldn't be an issue if OP could get Defendant to admit to his guilt and not even bother mentioning the "signed agreement". I guess it comes down to whether or not Defendant will be hiring a lawyer, or trying to represent hi...
by mnstrcck
Fri Oct 12, 2012 1:29 pm
Forum: Careless Driving
Topic: Careless Driving - For Running Stop Signs on a Bicycle
replies: 5
views: 1100

Re: Careless Driving - For Running Stop Signs on a Bicycle

I'd speak to the prosecutor and see what they offer. Personally, I feel you received a ticket you deserved. I'm glad that the Police are finally beginning to crack down on what is becoming a major issue in the city of Toronto: cyclists who either don't know, or completely disregard the rules of the ...
by mnstrcck
Thu Oct 04, 2012 4:04 pm
Forum: Courts and Procedure
Topic: 10 days away from court date, can I still file for disclosur
replies: 4
views: 813

Re: 10 days away from court date, can I still file for discl

You should file for disclosure immediately, and show due diligence. On the day of your trial, speak to the prosecutor prior and explain that you were only notified of your trial after personally checking in with the court, as no mailed notice was received, and therefore there was no adequate time fr...
by mnstrcck
Mon Oct 01, 2012 5:23 pm
Forum: Courts and Procedure
Topic: Traffic Ticket and lying Prosecutor
replies: 11
views: 2399

Re: Traffic Ticket and lying Prosecutor

Have you already had your adjourned court date?
by mnstrcck
Mon Oct 01, 2012 5:20 pm
Forum: Failing to remain at the scene of a collision
Topic: hit a parked car in toronto
replies: 3
views: 5512

Re: hit a parked car in toronto

If there is no visible damage, you did the right thing by leaving a note. After all, there's a reason why bumpers were put into cars. I wouldn't stress out about it too much. If they're reasonable people, you won't be getting a phone call about $5000 repairs.
by mnstrcck
Mon Oct 01, 2012 5:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: First Speeding Ticket in 3 Decades of Driving - Best Results
replies: 1
views: 656

Re: First Speeding Ticket in 3 Decades of Driving - Best Res

Request disclosure. You can always go to a preliminary meeting with the Prosecutor and see what he offers. There could also be procedural errors [ ticket error, non-disclosure, unreasonable delay - 11(b) ] that can work in your favour. I'd fax in a Disclosure Request in as soon as you get your court...
by mnstrcck
Mon Oct 01, 2012 5:09 pm
Forum: Careless Driving
Topic: careless driving ticket
replies: 1
views: 1119

Re: careless driving ticket

If you want to try and fight it, hire a good paralegal or lawyer. It's going to be a hard case based on what you've written. If you're uncomfortable about driving in certain situations, to the point where you are putting yourself, your passengers, and others on the road in danger, it might be a good...
by mnstrcck
Mon Oct 01, 2012 5:04 pm
Forum: Failing to obey the directions of a police officer
Topic: Disobeying officer when speeding
replies: 4
views: 1688

Re: Disobeying officer when speeding

Surely your all charges will be diminished if you bring your lawyer with you to explain the police your side. It is not a doubt that the police always try to ask various questions regarding not to follow the traffic rule but if you have followed the rule then you can explain them and claim for your...
by mnstrcck
Mon Oct 01, 2012 4:55 pm
Forum: Courts and Procedure
Topic: Court lost request for trial
replies: 4
views: 1049

Re: Court lost request for trial

If a conviction has already been registered, that is, if a trial was held and by the fact that your wife did not show up a verdict of guilty was registered, you will have to appeal the conviction on the grounds that you were not notified. If more than 8-10 months has passed since your wife sent in h...
by mnstrcck
Fri Jul 06, 2012 10:40 pm
Forum: General Talk
Topic: New Case Law: Lawful to momentarily hold a cell phone
replies: 6
views: 1386

Re: New Case Law: Lawful to momentarily hold a cell phone

Thanks Stanton, I was just about to post this.

I'm happy that the distinction has been made, as in some personal cases I have passed my cellphone to my passenger to answer.
by mnstrcck
Fri Jun 08, 2012 6:53 pm
Forum: Courts and Procedure
Topic: Has the standard for 11(b) changed?
replies: 3
views: 633

Re: Has the standard for 11(b) changed?

dstate, My opinion is that unlike Drinking and Driving charges, which the 4 cases in the article cover, Part II summary offences like the one you're charged with can be argued to be simpler in nature. These simpler charges wouldn't require the inherent time needs of hiring a lawyer and the process f...
by mnstrcck
Wed May 16, 2012 6:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 69 in a 50 downhill.
replies: 10
views: 1314

Re: 69 in a 50 downhill.

Downahill, I'm very aware of the large variation of driving etiquette out on the roads. Using the argument that "everyone else is doing it" is not an effective strategy in the eyes of the law. Speeding in urban areas is a dangerous gamble. Especially during warm weather at dusk when kids/pedestrians...
by mnstrcck
Tue May 15, 2012 4:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 69 in a 50 downhill.
replies: 10
views: 1314

Re: 69 in a 50 downhill.

It's pretty simple downahill. If the sign reads 50, you have to be going 50. It's up to the Officer to decide whether he's going to be pulling you over, or continuing on to more important matters. But most definitely, 20 over is NOT "fine". I drive the speed limit in urban areas [especially, as ther...
by mnstrcck
Tue May 08, 2012 2:36 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 124km/h in a 90 (Gardiner Expressway)
replies: 8
views: 1672

Re: 124km/h in a 90 (Gardiner Expressway)

Non-disclosure can occur for many reasons, all of which are outside of your control. If you've made two requests by fax and can supply evidence via confirmation printouts, you have all the evidence you'd need to ask for an adjournment. The onus is on the Crown now. I'd wait until the trial date, and...
by mnstrcck
Thu Apr 26, 2012 8:36 pm
Forum: Courts and Procedure
Topic: Victory! Charges Withdrawn
replies: 5
views: 4506

Re: Victory! Charges Withdrawn

Congratulations! It's a great feeling. For those who will be reading this in the coming months, disclosure is a fundamental part of the judicial process. It is a right guaranteed by the Charter, and heavily supported by countless case law. You should never give in to pressure in a situation such as ...

Go to advanced search