On September 16, 2010 my father-in-law borrowed my wife's car to take his wife to Princess Margaret Hospital for treatment for leukemia. She was quite weak at the time and died in December. My father-in-law was 64 at the time and was on disability because of a back injury. Both he and his wife had valid disabled parking permits. There was a light rain shower at the time. He parked the car at an entance next to a disabled sign, placed his wife's permit on the dash, and helped his wife into the hospital. He had not intended to leave the car there, but his wife began feeling like she was going to collapse and so he had to find a safe place for her to sit and make sure she was okay. Then he went back to move the car to a parking lot, but found a ticket for $450 (Code 358: Stand vehicle in disabled parking space while not transporting, picking up or dropping off current valid permit holder). He was transporting and dropping off the current valid permit holder, but because of her condition, his return to the car was delayed. My wife and I were not present on that day. We have a court date scheduled for early march 2012. We have a copy of his wife's appointment for the day, the weather report, and the permits. I am wondering if there is any chance that this will be thrown out on compassionate grounds. What was he to do when his wife, in her condition, was on the verge of collapsing? He is living on an income if less than $1000/month. Also, he will be out of the country on the date of the trial, visiting his late wife's family and settling an insurance matter. We are wondering if we have a written statement signed by him and notarized, if it is admissible on the trial date.
On September 16, 2010 my father-in-law borrowed my wife's car to take his wife to Princess Margaret Hospital for treatment for leukemia. She was quite weak at the time and died in December. My father-in-law was 64 at the time and was on disability because of a back injury. Both he and his wife had valid disabled parking permits. There was a light rain shower at the time. He parked the car at an entance next to a disabled sign, placed his wife's permit on the dash, and helped his wife into the hospital. He had not intended to leave the car there, but his wife began feeling like she was going to collapse and so he had to find a safe place for her to sit and make sure she was okay. Then he went back to move the car to a parking lot, but found a ticket for $450 (Code 358: Stand vehicle in disabled parking space while not transporting, picking up or dropping off current valid permit holder). He was transporting and dropping off the current valid permit holder, but because of her condition, his return to the car was delayed. My wife and I were not present on that day.
We have a court date scheduled for early march 2012. We have a copy of his wife's appointment for the day, the weather report, and the permits. I am wondering if there is any chance that this will be thrown out on compassionate grounds. What was he to do when his wife, in her condition, was on the verge of collapsing? He is living on an income if less than $1000/month.
Also, he will be out of the country on the date of the trial, visiting his late wife's family and settling an insurance matter. We are wondering if we have a written statement signed by him and notarized, if it is admissible on the trial date.
I think under the circumstances the Crown would at the very least offer a reduced fine if you explain the situation. In terms of going before the JP or to trial, I think that could be problematic without your father present. Written statements typically arent admissible on their own, since they cant be questioned, etc. Im not really sure what you could testify to as well since you werent present, and your explanation, though I'm sure truthful, would be considered hearsay and inadmissible.
I think under the circumstances the Crown would at the very least offer a reduced fine if you explain the situation.
In terms of going before the JP or to trial, I think that could be problematic without your father present. Written statements typically arent admissible on their own, since they cant be questioned, etc. Im not really sure what you could testify to as well since you werent present, and your explanation, though I'm sure truthful, would be considered hearsay and inadmissible.
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…
