I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated! EDIT: Sorry, for some reason it won't let me upload the file.
I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated!
EDIT: Sorry, for some reason it won't let me upload the file.
You do not have the required permissions to view the files attached to this post. Register to view.
Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.
Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.
The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581 Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law. Here is the link to all of chapter 903: http://www.toronto.ca/legdocs/municode/1184_903.pdf
The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581
Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law.
Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?
Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?
I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.
I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.
Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?
Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?
Hey Everybody, 6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?
Hey Everybody,
6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?
Did you plead not guilty and request a trial? Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
Did you plead not guilty and request a trial?
Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?
Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?
So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?
So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?
Once you get up in front of the JP you need to make sure that you clearly say: -how many requests you made -when you made them -and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense -you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again -and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you. If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application. So the answer to your question is MAYBE it will help in an 11b.
Once you get up in front of the JP you need to make sure that you clearly say:
-how many requests you made
-when you made them
-and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense
-you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again
-and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you.
If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application.
So the answer to your question is MAYBE it will help in an 11b.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…