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 ...
Search found 556 matches
- 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
- Tue Jan 14, 2014 7:38 am
- Forum: Parking Tickets
- Topic: Parked where prohibited
- Replies: 5
- Views: 3500
Re: Parked where prohibited
$24 really?
- 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 ...
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 ...
- 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 ...
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 ...
- 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.
- 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.
- 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.
- 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 ...
- 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 ...
- 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 ...
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 ...
- Sat Jan 04, 2014 6:11 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Reduced from 40 over to disobey sign
- Replies: 2
- Views: 2098
Re: Reduced from 40 over to disobey sign
What court was this?
- 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
- 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 ...
- 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 ...
- 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 ...
- 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 ...
(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 ...
- 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 ...
S.11g just means that you cannot be found guilty of a law ...
- 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 ...
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 ...
- 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.
- 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 ...
- 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 ...
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 ...
- 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 ...
- 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?
How long ago did you get the ticket?
- 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 ...
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 ...
- Mon Dec 09, 2013 9:00 am
- Forum: General Talk
- Topic: G2 driver BAC Above zero
- Replies: 2
- Views: 2473
- 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.
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.
- 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 ...
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 ...
- 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.
- 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.
- 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?
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?