Search found 556 matches
- Thu Mar 30, 2017 9:31 am
- Forum: General Talk
- Topic: Speeding ticket with fatal error?
- Replies: 34
- Views: 23292
Re: Speeding ticket with fatal error?
Years ago I saw it quashed for a ticket written to a friend citing the HTA without a section number. It would make sense to me that just a section number without the name of the act would result in the same thing.
- Sun Jan 29, 2017 8:47 pm
- Forum: General Talk
- Topic: Collision Center Reporting - Ticket in the mail?
- Replies: 5
- Views: 4635
Re: Collision Center Reporting - Ticket in the mail?
It happens, I wouldn't say it's unusual, but not overly common either. Usually when people go to the reporting centre they all say they were the ones driving properly so there isn't much basis to issue a ticket.
- Sun Jan 29, 2017 8:43 pm
- Forum: Careless Driving
- Topic: Car #3 in a 5 car pileup - got hit with careless driving.
- Replies: 7
- Views: 4175
Re: Car #3 in a 5 car pileup - got hit with careless driving
As you describe it cars 3, 4 and 5 are in the wrong. Car 1 was in front so he's not in the wrong and car 2 was stopped so he's not in the wrong. Looks like car #5 got off lucky perhaps because it didn't cause car #4 to hit you but it doesn't matter as it doesn't effect your culpability. So therefore you being one of the responsible parties got ...
- Sun Jan 29, 2017 11:32 am
- Forum: General Talk
- Topic: Collision Center Reporting - Ticket in the mail?
- Replies: 5
- Views: 4635
Re: Collision Center Reporting - Ticket in the mail?
I believe careless is 6 points, and you can count on your insurance being cancelled. Do you not have a copy of the accident report? You could still be charged. A ticket must be served personally. A charge by way of a summons must be served within 6 months. That being said, if you were charged you can pretty much always plea it down to a minor ...
- Fri Jan 27, 2017 6:20 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 35 over and no license
- Replies: 8
- Views: 3104
Re: 35 over and no license
If you go to trial and the facts are as you present them you will be found guilty of both charges.
Even if you can argue that the speed limit should have been 80 due to inadequate signage you were still caught speeding (15 over) you can be charged with speeding even 1 km over the limit.
Not getting notice to renew your license is no defense as ...
Even if you can argue that the speed limit should have been 80 due to inadequate signage you were still caught speeding (15 over) you can be charged with speeding even 1 km over the limit.
Not getting notice to renew your license is no defense as ...
- Wed Jan 25, 2017 6:38 pm
- Forum: General Talk
- Topic: You have the right to video police in Canada
- Replies: 1
- Views: 2088
Re: You have the right to video police in Canada
Interesting read. As it relates to the HTA, it just goes to show you that a traffic stop is the probably the only time of the day they are likely to interact with someone normal (well most of us).
- Sat Jan 21, 2017 5:30 pm
- Forum: Hand-held devices
- Topic: What if car is stopped at traffic light
- Replies: 26
- Views: 10530
Re: What if car is stopped at traffic light
If the officer credibly testifies that the phone was in your hand you will be found guilty. You only need to have the phone in your hand to be guilty. If it is mounted on the car dash or window then I believe that you are allowed to use it like a GPS or for hands free calling.
You essentially admitted guilt to the officer. If this makes it to ...
You essentially admitted guilt to the officer. If this makes it to ...
- Thu Jan 19, 2017 3:51 pm
- Forum: Improper passing
- Topic: Charged with incorrect section of 148 - How to fight it?
- Replies: 16
- Views: 13379
Re: Charged with incorrect section of 148 - How to fight it?
I think if the charge is changed well into the trial then a request for a mistrial would not be unreasonable as a person may have decided not to fight the charge or seek out a plea if there was no error. Worst case scenario an adjournment should be awarded. At the very least any delay caused should not be considered your fault getting you some 11b ...
- Sat Jan 07, 2017 8:47 pm
- Forum: General Talk
- Topic: Wrong name, wrong address, wrong gender, no DL# on ticket
- Replies: 8
- Views: 7816
Re: Wrong name, wrong address, wrong gender, no DL# on ticke
You can be recharged via a summons for up to 6 months though this is unlikely.
- Mon Jan 02, 2017 7:52 pm
- Forum: Compulsory Automobile Insurance Act
- Topic: Rear Ended with no insurance
- Replies: 6
- Views: 4449
Re: Rear Ended with no insurance
No insurance means that you have to pay your own legal, repair and medical bills. Did you present insurance documents to the other drivers as valid or simply tell them you didn't have them with you? You have to report the accident. Talk to a professional ASAP to navigate this for you before you do anything. In the future if you need to have a car ...
- Mon Dec 26, 2016 3:36 pm
- Forum: Careless Driving
- Topic: Careless Driving Charge for switching several lanes etc.
- Replies: 14
- Views: 5812
Re: Careless Driving Charge for switching several lanes etc.
I think the charge against you will be hard to beat at trial, not to say that you will not be able to plead guilty to a reduced charge. He spent some time observing your driving. Post the video, we'll give you a good idea of what your chances are. Other drivers driving worse than you are irrelevant to your situation.
- Sun Dec 25, 2016 2:02 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: 20 km/h over (80 in 60) and Failure to Change Address
- Replies: 9
- Views: 4943
Re: 20 km/h over (80 in 60) and Failure to Change Address
You really need to review disclosure before you begin to decide on how to handle this one. Early resolution is not going to result in anything other than a plea bargain. Once you have reviewed disclosure and determined that you have a very good chance of beating the speeding ticket then I would go to trial. The license charge should be easy enough ...
- Thu Dec 15, 2016 12:36 pm
- Forum: Failing to stop at a pedestrian crossing
- Topic: *EXACT* meaning of "No Passing Here To Crossing"
- Replies: 3
- Views: 10858
Re: *EXACT* meaning of "No Passing Here To Crossing"
S.140 (3) is quite clear: no passing means no passing period.
(3) When a vehicle is approaching a pedestrian crossover and is within 30 metres of it, the driver of any other vehicle approaching from the rear shall not allow the front extremity of his or her vehicle to pass beyond the front extremity of the other vehicle. 2015, c. 14, s. 39 (2 ...
(3) When a vehicle is approaching a pedestrian crossover and is within 30 metres of it, the driver of any other vehicle approaching from the rear shall not allow the front extremity of his or her vehicle to pass beyond the front extremity of the other vehicle. 2015, c. 14, s. 39 (2 ...
- Tue Dec 13, 2016 7:59 pm
- Forum: Driving While Suspended
- Topic: Probation order applies to other provinces?
- Replies: 4
- Views: 4022
Re: Probation order applies to other provinces?
You are positive that this is a probation order and not a prohibition?
- Wed Nov 09, 2016 9:15 am
- Forum: General Talk
- Topic: Ontario reintroducing Photo Radar/Speed Cameras?
- Replies: 17
- Views: 9416
Re: Ontario reintroducing Photo Radar/Speed Cameras?
The only issue is that voters hated photo radar when it was on the 400 series highway and the conservatives at the time got rid of them to fulfill an election promise. To make it more politically palatable it is going to be in school zones (though down the road I would expect it be rolled out everywhere) with all the fines going to the municipality ...
- Sun Nov 06, 2016 10:20 am
- Forum: General Talk
- Topic: Challenging court jurisdiction
- Replies: 4
- Views: 1964
Re: Challenging court jurisdiction
Please don't promote the "freeman" ideas in Canada they will work only to your disadvantage. Exponential levels of frustration will ensue getting you essentially no where, and you will be in a far worse place than you would have been if you had used traditional methods of challenging your ticket.
- Wed Nov 02, 2016 10:55 am
- Forum: Courts and Procedure
- Topic: 11B Question
- Replies: 1
- Views: 3110
Re: 11B Question
Wow what a nice JP. You must follow all the steps.
- Tue Nov 01, 2016 9:42 am
- Forum: Hand-held devices
- Topic: Consequence of pleading not guilty to an unreduced charge?
- Replies: 8
- Views: 3287
Re: Consequence of pleading not guilty to an unreduced charg
I agree with the other posters. That being said if you request and prepare for a trial there is always the possibility of a stay of the charge if the officer is a no show or it takes too long to get to trial either from scheduling or late disclosure on the fault of the prosecutor/officer. If you don't mind potentially paying an increased fine it is ...
- Sat Oct 08, 2016 9:08 am
- Forum: General Talk
- Topic: Insecure load - open for discussion
- Replies: 33
- Views: 17375
Re: Insecure load - open for discussion
Based on the disclosure: if the prosecutor wants to proceed with the case, and the officer testifies that it is possible for one of those doors to come off the truck, then I don't see a very good outcome for you.
- Tue Jul 19, 2016 10:24 am
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Officer Wrote Wrong Subsection Number
- Replies: 1
- Views: 2428
Re: Officer Wrote Wrong Subsection Number
You will want to force a fatal error on this one don't show your hand (they have 6 months to reissue a summons for the correct charge and the fatal error can be corrected if you attend trial. Basically you let it go into default judgement (do nothing don't attend early resolution meeting) and the JP aught to quash it. If he fails to do so when you ...
- Sun Jul 17, 2016 11:42 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN speeding 25 over
- Replies: 8
- Views: 4939
Re: WIN speeding 25 over
I thought you could represent a friend or family member without being a registered paralegal so long as you were not being compensated? Did something change?
- Mon Jul 11, 2016 11:14 pm
- Forum: General Talk
- Topic: Some questions about trial
- Replies: 3
- Views: 2457
Re: Some questions about trial
You can file the ticket at any courthouse but the trial will be at the one on the ticket.
Paralegals can help if you are willing to spend the money.
Paralegals can help if you are willing to spend the money.
- Sun Jul 10, 2016 12:04 pm
- Forum: General Talk
- Topic: Impact of new Supreme Court ruling regarding trial limits?
- Replies: 13
- Views: 5464
Re: Impact of new Supreme Court ruling regarding trial limit
As I understand it, after a set amount time it is presumed by the court that the length of time on its own infringes on your right to a fair trial. It would be up to a prosecutor to prove otherwise. I didn't take it as taking away the current system where the accused can argue and must prove prejudice exists in the trial taking more than 1 year to ...
- Wed Jul 06, 2016 9:25 am
- Forum: General Talk
- Topic: Insecure load - open for discussion
- Replies: 33
- Views: 17375
Re: Insecure load - open for discussion
I agree that the odds of this load coming off the truck are remote, but however remote there is still a possibility that it could come off. How many of you would feel comfortable driving with your family behind this truck on a 400 series highway? If this were a commercial truck would we even be having this conversation?
- Tue Jul 05, 2016 12:25 pm
- Forum: Failing to yield the right-of-way
- Topic: s. 136(1)(b) HTA - visual obstruction
- Replies: 6
- Views: 6402
Re: s. 136(1)(b) HTA - visual obstruction
No defense, you did not yield the ROW after having stopped, the accident is irrefutable proof of this.
- Tue Jul 05, 2016 12:15 pm
- Forum: General Talk
- Topic: Insecure load - open for discussion
- Replies: 33
- Views: 17375
Re: Insecure load - open for discussion
HTA S.111
Proper loading
(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched ...
Proper loading
(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched ...
- Wed Jun 29, 2016 7:30 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: First ticket,130 in 80 reduced to 129 + 2 more tickets
- Replies: 7
- Views: 3026
Re: First ticket,130 in 80 reduced to 129 + 2 more tickets
Request a trial and when you get a court date request disclosure to see what the evidence against you is. From there you can plan a defense strategy.
The sticker and plate obstruction are going to be difficult if not impossible to win. The officer is allowed to estimate your speed by a variety of methods (his notes will say how and that is what he ...
The sticker and plate obstruction are going to be difficult if not impossible to win. The officer is allowed to estimate your speed by a variety of methods (his notes will say how and that is what he ...
- Tue Jun 28, 2016 12:25 pm
- Forum: Hand-held devices
- Topic: 1st ever ticket, not sure what to do
- Replies: 2
- Views: 2538
Re: 1st ever ticket, not sure what to do
If you just want a fine reduction ask for an early resolution meeting.
Note: If you have a conviction on your record of any kind (even a reduced one) you may have substantial increases on the cost of your insurance policy when it renews. To be sure check with your insurer.
Note: If you have a conviction on your record of any kind (even a reduced one) you may have substantial increases on the cost of your insurance policy when it renews. To be sure check with your insurer.
- Tue Jun 14, 2016 10:37 am
- Forum: General Talk
- Topic: Wrong date on ticket - Motion to Quash
- Replies: 7
- Views: 5258
Re: Wrong date on ticket - Motion to Quash
You are essentially trying to create an ethical dilemma that puts the law on its head. On this train of thought...
If you gave written notice that you were planning on exploiting a hole in the POA that does not compel you to attend trial and creates an ethical dilemma for the prosecutor based on the fact that they have been made aware that the ...
If you gave written notice that you were planning on exploiting a hole in the POA that does not compel you to attend trial and creates an ethical dilemma for the prosecutor based on the fact that they have been made aware that the ...
- Sun Jun 12, 2016 9:01 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Officer claimed I drove through stop sign..dashcam
- Replies: 13
- Views: 5939
Re: Officer claimed I drove through stop sign..dashcam
I'd take this to trial. On the YouTube video you can slow it down to .25 and re-watch. For a fraction of a second he does appear to have stopped and that is all the law requires.