Search found 324 matches

by screeech
Tue Nov 24, 2015 4:07 pm
Forum: Careless Driving
Topic: Careless Charge - Weather Conditions
Replies: 6
Views: 3742

Re: Careless Charge - Weather Conditions

I'm not saying take the lesser charge. It is your right to fight any charge. There is case law out there about careless driving charges being laid, when they shouldn't be, when the weather was obviously to blame, such as a bad winter storm. (not sure if a light drizzel would count) Careless driving charges can be very hard to prove so you may stand ...
by screeech
Tue Nov 24, 2015 1:18 pm
Forum: Careless Driving
Topic: Careless Charge - Weather Conditions
Replies: 6
Views: 3742

Re: Careless Charge - Weather Conditions

It is very common for the cops to charge careless at an accident, no matter how the accident actually happened. Once in court, there is room to deal down the charge to something lesser, such as drive left of centre, fail to drive in marked lane, drive off roadway and such. If they laid one of those charges to begin with, there would be no wiggle ...
by screeech
Sun Nov 22, 2015 6:19 pm
Forum: General Talk
Topic: Can I fight this cell phone ticket?
Replies: 6
Views: 14201

Re: Can I fight this cell phone ticket?

It will cost you nothing to talk with the prosecutor and attempt to get a deal. It will cost you hundreds to talk to a paralegal or lawyer to do the same for you and likely get the same deal. Once you talk to the prosecutor, you can make up your mind as to whether to take the deal or fight it. If you want to fight it, that would be a good time to ...
by screeech
Sun Nov 22, 2015 3:45 pm
Forum: General Talk
Topic: Can I fight this cell phone ticket?
Replies: 6
Views: 14201

Re: Can I fight this cell phone ticket?

Your officer friend is wrong. You can't use a cell phone at a light, or a stop sign, if you are stopped, no matter what you are doing with it. The only option is to pull over, off the live lane of traffic, put it in park and then use it. As well as the fines, there are three points for the cell phone and two for the seat belt...having said that, if ...
by screeech
Sat Nov 21, 2015 6:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at red light at T-intersection
Replies: 11
Views: 3068

Re: Failure to stop at red light at T-intersection

That is not the same as it was a Stop Sign. With a Stop Light, there are other options.
by screeech
Sat Nov 21, 2015 10:50 am
Forum: Improper left turn
Topic: Turn not in safety - collision
Replies: 5
Views: 3482

Re: Turn not in safety - collision

Even without the charge it will be an at fault accident, unless there is accident forgiveness in the policy, rates will likely go up anyway.
by screeech
Fri Nov 20, 2015 4:49 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at red light at T-intersection
Replies: 11
Views: 3068

Re: Failure to stop at red light at T-intersection

That is a great option, no points. Your chances of that are very good, however, it will depend on your record.
by screeech
Fri Nov 20, 2015 4:47 pm
Forum: General Talk
Topic: Got a ticket for an expired sticker in Gatineau??
Replies: 9
Views: 7026

Re: Got a ticket for an expired sticker in Gatineau??

Yes, it may show up on his Ontario licence, but there are no points. It is a much better thing to deal with the matter and be done with it, by either fighting it or just paying the fine. These things do not go away. If a conviction is registered and the fine not paid, the drivers licence will be suspended. There are no statutes of limitations on ...
by screeech
Wed Nov 18, 2015 9:43 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
Replies: 23
Views: 9564

Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

Regulation 455/07 states:
Definition, "stunt"
3. For the purposes of section 172 of the Act, "stunt" includes any activity where one or more persons engage in any of the following driving behaviours: 7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
There are many ways inwhich a stunt can be ...
by screeech
Wed Nov 18, 2015 8:10 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
Replies: 23
Views: 9564

Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

They only need to prove speeding by 50Km/H or more over the posted speed limit.
by screeech
Tue Nov 17, 2015 2:43 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 136 (1) (a)
Replies: 6
Views: 2013

Re: 136 (1) (a)

You can't be tried twice for the same offence. If it actually went to trial the first time then the charge should not have been re laid.
If the charge was withdrawn before trial, a summons could be issued for the same charge with the consent of the Attorney General, or Crown Attorney.
by screeech
Tue Nov 17, 2015 12:19 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
Replies: 23
Views: 9564

Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

Max fine is $10,000. Unless the driver has a horrible record, I highly doubt they will get the max, even at that speed.
by screeech
Tue Nov 17, 2015 11:45 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
Replies: 23
Views: 9564

Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

Sorry, I'm not good in math...but that goes to further my position, it will not be dealt away.

Having the car impounded for 7 days leads me to believe it is a stunt charge under Section 172 of the Highway Traffic Act. Chances of getting any jail time, even with a high speed like that, are slim unless there is a big related driving record. The ...
by screeech
Mon Nov 16, 2015 5:04 pm
Forum: General Talk
Topic: Detailed level of accident report
Replies: 4
Views: 1941

Re: Detailed level of accident report

The first report is the one page you get at the scene, it has the basic information on it with the parties involved. The full accident report can be obtained from the police department for around $40, that one has the driver statements and basic diagram as well as a pile of other info (those numbers down the side of the report). Normally it is the ...