Search found 556 matches

by ynotp
Fri Jan 17, 2014 5:14 pm
Forum: General Talk
Topic: Speeding charge - Do I qualify for 11(b) - Need advice
Replies: 15
Views: 6483

Re: Speeding charge - Do I qualify for 11(b) - Need advice

You should resubmit your 11b and be prepared to solidly argue why the delay should be attributed to the prosecutors office. I personally see nothing wrong with not including a phone number but I would be prepared to argue why you feel it is not necessary.

If you don't receive the disclosure you want, you will also have to argue that why you feel ...
by ynotp
Tue Jan 14, 2014 7:38 am
Forum: Parking Tickets
Topic: Parked where prohibited
Replies: 5
Views: 3500

Re: Parked where prohibited

$24 really?
by ynotp
Mon Jan 13, 2014 1:21 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Caught going 132 km/h on the 417; cruiser lost sight of me
Replies: 1
Views: 2364

Re: Caught going 132 km/h on the 417; cruiser lost sight of

What makes you think that was the same car that was parked to the side of the road?

I wouldn't make assumptions or speculations if I were you; you'll spin your mind in circles. Like everyone else after checking for fatal errors, filing for trial you are best off to wait until you receive your notice of trial and request disclosure. Only then, can ...
by ynotp
Fri Jan 10, 2014 11:05 pm
Forum: General Talk
Topic: Left Turn Collision Advice
Replies: 1
Views: 2087

Re: Left Turn Collision Advice

By law will be deemed to not be at fault. (Even if you were somehow deemed partially at fault you could challenge it, but I wouldn't worry about it.)

http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

15. (1) This section applies with respect to an incident that occurs at an intersection with traffic signals ...
by ynotp
Wed Jan 08, 2014 2:47 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Nabbed on the 400
Replies: 23
Views: 8890

Re: Nabbed on the 400

If the officer is not there ask for adjournment due to the fact that you received such late disclosure. What you want to stress is that you feel it is the fault of the crown.
by ynotp
Wed Jan 08, 2014 8:16 am
Forum: Careless Driving
Topic: Careless diving for eating with no hands on the wheel...
Replies: 1
Views: 2136

Re: Careless diving for eating with no hands on the wheel...

Next time you are pulled over politely acknowledge what the officer said and don't break into a full on confession. He knows a careless charge is going to kill your insurance, but he also knows you will fight it. You should be able to plead this down with the prosecutor considering it didn't result in an accident.
by ynotp
Wed Jan 08, 2014 8:05 am
Forum: General Talk
Topic: fax confirmation, no copy of fax
Replies: 3
Views: 2008

Re: fax confirmation, no copy of fax

Are you sure you didn't fax the document upside-down? A proper confirm is what you need.
by ynotp
Tue Jan 07, 2014 8:58 am
Forum: Failing to yield the right-of-way
Topic: Failing to move to the right for emergency vehicle
Replies: 10
Views: 6528

Re: Failing to move to the right for emergency vehicle

This is all hypothetical and I really would not sweat it right now because you don't know what the officers has in his mind to do. The way I read it is if you are charged under S.159 then s.207.2 states the owner (entity who the plates are registered to) cannot be convicted unless they were also the driver. So one of the things the prosecutor would ...
by ynotp
Mon Jan 06, 2014 4:22 pm
Forum: Courts and Procedure
Topic: Markham Rd Traffic Court Procedures
Replies: 3
Views: 2658

Re: Markham Rd Traffic Court Procedures

At Markham I have seen the prosecutor refer you to the officer about a potential charge reduction. The officer is almost always present I wouldn't bank on them not showing. If you don't see them you can always ask the prosecutor if they are present. Ticket Combat presents a few different strategies but there are many ways to approach a case and ...
by ynotp
Sat Jan 04, 2014 9:39 pm
Forum: Failing to yield the right-of-way
Topic: Failing to move to the right for emergency vehicle
Replies: 10
Views: 6528

Re: Failing to move to the right for emergency vehicle

Technically the owner could be charged and convicted but they would have to prove that the owner was also the driver.

HTA

Approaching, following emergency vehicles
Stop on approach of vehicle with flashing lights or bell or siren sounding
159. (1) The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren ...
by ynotp
Sat Jan 04, 2014 4:24 pm
Forum: Courts and Procedure
Topic: Markham Rd Traffic Court Procedures
Replies: 3
Views: 2658

Re: Markham Rd Traffic Court Procedures

Give the following website a good read: http://www.ticketcombat.com
by ynotp
Thu Jan 02, 2014 7:27 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: How did this possibly happen? Police Error!
Replies: 9
Views: 3181

Re: How did this possibly happen? Police Error!

You cant go to court and say someone else was going faster than I was, but I am not sure how fast I was going, but I couldn't have been going that fast. If you plan to fight this and win you either have to find a technicality like the trial taking too long, fatal error, no sign visible, etc OR attack the evidence itself while maintaining with ...
by ynotp
Thu Jan 02, 2014 2:28 pm
Forum: Driver failing to wear a seat belt
Topic: Best Defense for a Driver Fail to Use Seatbelt
Replies: 4
Views: 4711

Re: Best Defense for a Driver Fail to Use Seatbelt

Because you and the officer will offer conflicting testimony the justice has to consider credibility. So you are on the right track by going after the "good visibility" the officer claims to have in your line of questioning. The officers ability to clearly see the male end of your seatbelt at dusk while it was raining might be enough to raise ...
by ynotp
Thu Jan 02, 2014 2:07 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: How did this possibly happen? Police Error!
Replies: 9
Views: 3181

Re: How did this possibly happen? Police Error!

You did not indicate how fast you think you were going but, keep in mind if you admit that you were even 1 km over the limit you were still speeding and can be convicted. File for a court date and request disclosure to see the evidence the officer has against you and go from there. In all likelihood at trial you will be offered a reduced speeding ...
by ynotp
Sat Dec 28, 2013 6:50 pm
Forum: Driving While Suspended
Topic: International Driver as a companion for G1
Replies: 1
Views: 2764

Re: International Driver as a companion for G1

The legislation states:

(2) A person is qualified to act as an accompanying driver if he or she,
(a) is a fully licensed driver in a Class G motor vehicle;
(b) has been licensed in Ontario or another jurisdiction for at least four years; and
(c) meets the applicable requirements of the Act and the regulations, including any requirement to wear ...
by ynotp
Wed Dec 18, 2013 11:55 am
Forum: Stunt Driving
Topic: Are stunt driving penalties unconstitutional?
Replies: 5
Views: 5450

Re: Are stunt driving penalties unconstitutional?

The Charter applies to both the federal and provincial governments, their agents and any institution they control (municipal governments, police, border guards, prisons, schools, etc.). It can apply to governments actions (laws, decrees, arrests, policies) and even policies of inaction.

S.11g just means that you cannot be found guilty of a law ...
by ynotp
Tue Dec 17, 2013 9:58 pm
Forum: Stunt Driving
Topic: Are stunt driving penalties unconstitutional?
Replies: 5
Views: 5450

Re: Are stunt driving penalties unconstitutional?

You are forgetting Section 1 of the Charter:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

It basically means that in Canada your rights are not absolute. If the government can ...
by ynotp
Sat Dec 14, 2013 5:47 pm
Forum: Improper right turn
Topic: HTA s. 144(18)
Replies: 16
Views: 18146

Re: HTA s. 144(18)

If laws were written in plain English we wouldn't need lawyers. Now wouldn't that be something.
by ynotp
Thu Dec 12, 2013 11:44 am
Forum: Improper right turn
Topic: HTA s. 144(18)
Replies: 16
Views: 18146

Re: HTA s. 144(18)

Just to be clear your car is the one just about to turn right behind a pole and your tires and stop marker being obscured by a snowbank with your brake lights on (just right of centre)? If the video clearly shows you not stopping then the evidence against you will likely lead to a conviction, if it shows you inching along you could insist that you ...
by ynotp
Thu Dec 12, 2013 10:32 am
Forum: Improper right turn
Topic: HTA s. 144(18)
Replies: 16
Views: 18146

Re: HTA s. 144(18)

Okay lets hope this clears this up:

Source: http://www.wheels.ca/guides/advance-green-doesnt-prevent-a-right-turn-on-red/

Most drivers, and probably some police, seem to miss a key point concerning right turns on red.

Section 144(14) HTA states that "every driver approaching a traffic control signal showing one or more green arrows indications ...
by ynotp
Wed Dec 11, 2013 9:05 am
Forum: Speed Traps
Topic: Is this legal?
Replies: 14
Views: 13545

Re: Is this legal?

I have all the love in the world for the police officers, I just wish that their political masters wouldn't take a highly skilled, specially selected, well paid civil servant and make them go after very minor offences (rolling stops, 10 over etc.), especially when they could be directed to spending that time interacting with our youth, and making ...
by ynotp
Wed Dec 11, 2013 8:24 am
Forum: Improper right turn
Topic: HTA s. 144(18)
Replies: 16
Views: 18146

Re: HTA s. 144(18)

Regardless is there is a green arrow indicating a left turn, you can make right on a red if you stop first so long as you can do so safely and there is no sign prohibiting it. SS 19 grants that exemption.

How long ago did you get the ticket?
by ynotp
Tue Dec 10, 2013 2:49 pm
Forum: General Talk
Topic: Motor Vehicle Involved (N) Checked - When to bring up.
Replies: 10
Views: 4023

Re: Motor Vehicle Involved (N) Checked - When to bring up.

If you are going the fatal error route I would NOT show up for your trial and try to win on appeal. If you go to court they can make an amendment to the certificate if you don't they can't.

So you would wait for your notice of conviction and then head to court to file an appeal. Based of S.9 of the POA. Will it work? I doubt it but it's worth a ...
by ynotp
Mon Dec 09, 2013 9:00 am
Forum: General Talk
Topic: G2 driver BAC Above zero
Replies: 2
Views: 2473

Re: G2 driver BAC Above zero

I would follow the officers advice.

http://www.ontariohighwaytrafficact.com/topic2399.html
by ynotp
Thu Dec 05, 2013 5:00 pm
Forum: Courts and Procedure
Topic: Retaliation against witnesses
Replies: 2
Views: 2115

Re: Retaliation against witnesses

Jail.

You are required to appear if summoned and tell the truth about what you know. You might even be doing them a favor as your testimony might come to show possible inconsistencies in the case against them.
by ynotp
Wed Dec 04, 2013 8:23 pm
Forum: Compulsory Automobile Insurance Act
Topic: Options??
Replies: 9
Views: 5140

Re: Options??

Yes, I would request disclosure. You still should be prepared to go to trial in case your 11b is denied (but it likely will not be if filed correctly).

Have your insurance company documents showing that the insurance was transferred to the new car (see if they are willing to write you a letter stating that what you did was a standard and ...
by ynotp
Wed Dec 04, 2013 8:11 pm
Forum: Following too closely
Topic: Rear end collision
Replies: 2
Views: 3523

Re: Rear end collision

If neither of you reported the accident it would be in your best interest to pay for the damages. You could be charged with following to closely or careless driving. Just get it in writing that by paying for the damages they agree not to pursue any action against you related to this incident.
by ynotp
Wed Dec 04, 2013 2:51 pm
Forum: General Talk
Topic: Ticket for holding handheld device while driving
Replies: 5
Views: 3825

Re: Ticket for holding handheld device while driving

Ask to review the evidence before the trial takes place so that you can make an informed decision.
by ynotp
Wed Dec 04, 2013 11:17 am
Forum: General Talk
Topic: suspended licence - escalating sanctions: HTA offence
Replies: 2
Views: 1963

Re: suspended licence - escalating sanctions: HTA offence

There's 4 points to that offence. Very unlikely he'll get this reopened after pleading guilty based on mistaken penalty.

The information is all available online:

http://www.ontario.ca/driving-and-roads ... rit-points

Perhaps he has another conviction he didn't tell you about?