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There is a chance, but some JPs are not in the know about it

There are 3 demerit points associated with this offence. Most insurance companies consider it "minor". So, in short, yes, your insurance will spike, but not too much. However, if you try to fight the charge, or even try to get it reduced (ie plea-bargain), there is a good chance that your insurance will not be affected at all.

No, you must show up for summons. You should get a "Fail to produce proof of insurance", as you researched. The other fine is just that, it will have no ill effects on your insurance.

Here's original thread: http://www.ontariohighwaytrafficact.com/topic1265.html

Ask the cop if he is a "Licensed Accident Scene Reconstruction Expert". Point out the dents on the car. It really is their word against yours, unless you come up with something really smart.

You definitely want to fight this one to avoid a license suspension! 6 points for a G2 driver = license gone for 30 days. Really bad for insurance.

Make sure to get the disclosure. The person you hit needs to show up for court as well.

Hello rblainetait,

Hope you become a regular here!

Here is direct link to your post: http://www.ontariohighwaytrafficact.com/topic1667.html

Good luck with them!

You need a paralegal on this one.

Yes, 8 weeks is roughly how long it takes, sometimes a little less.

The reason why you want to fight tickets is because your insurance will go up for 3 years. Also you accumulate demerit points. This charge is 4 points, so some insurance companies consider it "minor", some "major". So your insurance goes up $300-700 per year, give or take, depending on insurer, for 3 years. That's $900 (least increase) + $340 ...

Still, the Ontario Provincial Police said Monday that it will continue laying charges under the stunt driving provisions.

"It has been an effective tool in combating speeding and reducing collisions and deaths on the highway," said Insp. Dave Ross. "(The law) hasn't been struck down, but we are aware of those two decisions."

When will they ...

I'd try your second option. You have a right to disclosure. You have a right to a speedy trial. One extra day in court is punishment enough, you shouldn't need another.

Hi

I was just wondering, How does it work if you dont attend court that day? Do I send someone to tell the prosecutor that I wasnt able to make it due to . . .. ?
Are they allowed to do this on the Day of court?

Thanks

You can send some one else, but they better have a good reason for your absence.

If YOU do not attend, and no-one attends ...

That is a pretty good result! Congrats on a good reduction.

First, you want to look at the subsection. "Contrary To: 123(4) " for example. Then you look for the exact combination on Demerit Pointrs System Table . If it is there, then there are demerit points associated with it. Column 3 tells how many. If it is not, then there are no demerit points awarded for the offence, and just a monetary fine.

A cyclist may take the whole lane.

You should move over for the cyclist. You chose to move over a half-lane instead of full.

Now that might be in contradiction with:

" Where highway divided into lanes

154. (1) Where a highway has been divided into clearly marked lanes for traffic,

(a) a vehicle shall be driven as nearly as may be ...

I think that this is what the cop wanted. You take the ticket to court, one gets dropped, but not the other.

This is likely what the crown will offer you on FA meeting.

I'd try to ask for stay due to improper disclosure. Then the crown will try to adjourn, then you say that that is impossible due to 11B argument - too long since the alleged offence took place, and the fact that you have suffered enough financially by taking off one day of work. Taking off a second day would cause even more financial discomfort.

There is always a chance that you win the ticket. If you have a just cause, your chances are higher. If you know what to do, they are higher still.

You can always start by checking the ticket for obvious errors. Some errors are fatal, some not. Then you can send in the ticket with "Option 3 - trial" checked off ("Officer present" too). After that ...

Snowplow? Where's snow already?

Not sure about the NY, but in Ontario...

http://www.ontariohighwaytrafficact.com/topic712.html

Windows
to afford clear view

74. (1) No person shall drive a motor vehicle upon a highway,

(a) unless the windshield
and the windows on either side of the compartment containing the steering wheel are in such a ...

This is a clear-as-mud portion of legalese. Yes, the police must obey all rules of the road. However, they may disregard them in "lawful execution of their duties". So go figure.

You can apply for a stay and back it up with saying that the disclosure is unreadable, and there was plenty of time to send you proper paperwork, since the 1-st request was sent out in April. Had it been submitted on time, you would have had more time to prepare, request new disclosure. Crown will try to reschedule, that is where you play the 11B ...

What were you charged with again? Were you charged with "Fail to stop at a stop sign" or "Disobey signs"? Look at the subsection you were charged under, ie 182 (2), and look it up in our "Demerit Points System Table"
Use "Ctrl+F" (inline search function on most browsers) to save time.

admin wrote:

racer wrote:Esp. in TO, the chances of cop no-show is almost 50% we hear.

I would not really count on that tho, just in case the other 50% comes true.

I would definitely prepare myself too. TO is extreme case.

Not sure about pacing. You can, of course, ask for speedometer calibration records in disclosure, and, if performed too long ago, argue that it might be incorrect.

Radar can be used for both oncoming and same direction traffic.

No, it should come in the mail. You should also specify for a mail-in of the package.

What else did you request? List anything that is missing. Then make a compelling case for unusable disclosure.

Wow, this is almost 10 months after you received the infraction notice. You have a good chance to get it stayed if you can prove disclosure is improper, using 11B argument.

The K or the W? They have different by-laws.

City of Waterloo:

http://www.city.waterloo.on.ca/Portals/57ad7180-c5e7-49f5-b282-c6475cdb7ee7/LIBRARY_BYLAWS_documents/1978_079Nois.pdf

http://www.city.waterloo.on.ca/Portals/57ad7180-c5e7-49f5-b282-c6475cdb7ee7/LIBRARY_BYLAWS_documents/1986_75NOI2.pdf

Kitchener:

http://code.municipalworld.com ...

Please try not to re-post. Keeping your thread well organized helps us help you fight the ticket, as well as to future readers who go through the same procedure.

Please follow the original thread here: http://www.ontariohighwaytrafficact.com/topic676.html

Posting in an old thread bumps the thread up. There is no need to make a fresh post.

Locked

Moved to here:

ohtat wrote:I received the disclosure form, however the handwritting is too hard to recoganize it. What should I do next? Much thanks.

I'd try another request, and specify "Typed Version of Officer's Notes".

Were there any other pieces of information missing from disclosure that you requested?

OK, so the discussion about severity of tickets got in the way of the actual matter here :shock: :roll:. This is no laughing matter either.

You basically need to go through the trial request and disclosure request procedures. First one is easy - you file the ticket with Option 3 checked off. That will at least take you somewhere. In the meantime ...