Hello all, After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it. So here's what happened. On a Friday night in January of 2010 at around 2:00 AM I was leaving my friend's house in Downtown Toronto. I was driving eastbound on Dundas St. approaching Yonge. I unknowingly made a left turn on Yonge St. to proceed southbound contrary to the "No Left Turn" signs posted above the traffic lights at this intersection. This was an honest mistake because I completely missed the sign (had I known, I would have never proceeded with the turn). Nonetheless, it was a snowy night with poor visibility (I have a weather report that confirms this) and most of the traffic lights and signs for that matter were covered with quite a bit of snow. I got pulled over a couple of blocks later and received a ticket under the OHTA - Proceed Contrary to Sign at Intersection under the Highway Traffic Act, section 144 (9). I have a clean driving record and have never been in trouble with the law before. This was a completely unintentional mistake that I honestly made. After all, it was late at night, the intersection was COMPLETELY empty, visibility was poor, and at 2:00 AM, I was just trying to get home and go to sleep. Anyways, as of now, I have chosen to take this ticket to trial (still haven't received a trial date yet). Upon receiving a trial date I plan on requesting full disclosure so that I know what evidence the crown has. If possible, I wish to also argue under the Charter of Rights & Freedoms under Sect. 11B and uphold my right of a fair and quick trial (if this process exceeds 10 months I believe, that this right would be violated. Not sure on this though). The best possible scenario for me is to completely beat this ticket (or have it dropped) so that my insurance does not take a hit. Therefore, my question for you all is what are the chances of me beating this ticket? Is there anything I can do that would increase the probability of me winning? Any advice, tips, hints? Any help would be appreciated it. Put your lawyer hats on guys! Haha, just kidding! Thanks again to all! P.S. Sorry for the long post.
Hello all,
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
So here's what happened.
On a Friday night in January of 2010 at around 2:00 AM I was leaving my friend's house in Downtown Toronto. I was driving eastbound on Dundas St. approaching Yonge. I unknowingly made a left turn on Yonge St. to proceed southbound contrary to the "No Left Turn" signs posted above the traffic lights at this intersection. This was an honest mistake because I completely missed the sign (had I known, I would have never proceeded with the turn). Nonetheless, it was a snowy night with poor visibility (I have a weather report that confirms this) and most of the traffic lights and signs for that matter were covered with quite a bit of snow.
I got pulled over a couple of blocks later and received a ticket under the OHTA - Proceed Contrary to Sign at Intersection under the Highway Traffic Act, section 144 (9). I have a clean driving record and have never been in trouble with the law before. This was a completely unintentional mistake that I honestly made. After all, it was late at night, the intersection was COMPLETELY empty, visibility was poor, and at 2:00 AM, I was just trying to get home and go to sleep.
Anyways, as of now, I have chosen to take this ticket to trial (still haven't received a trial date yet). Upon receiving a trial date I plan on requesting full disclosure so that I know what evidence the crown has. If possible, I wish to also argue under the Charter of Rights & Freedoms under Sect. 11B and uphold my right of a fair and quick trial (if this process exceeds 10 months I believe, that this right would be violated. Not sure on this though).
The best possible scenario for me is to completely beat this ticket (or have it dropped) so that my insurance does not take a hit. Therefore, my question for you all is what are the chances of me beating this ticket? Is there anything I can do that would increase the probability of me winning? Any advice, tips, hints? Any help would be appreciated it. Put your lawyer hats on guys! Haha, just kidding! Thanks again to all!
I'm sure you would like to get the ticket dropped completely, most people would. However, I'm not sure if there's anything in your post that makes this likely. I don't think 10 months in Toronto is unreasonable. You might have an argument about the sign not being visible, if you can prove that somehow. Good luck :)
I'm sure you would like to get the ticket dropped completely, most people would. However, I'm not sure if there's anything in your post that makes this likely. I don't think 10 months in Toronto is unreasonable. You might have an argument about the sign not being visible, if you can prove that somehow.
Thanks for your reply Simon! Yeah, I know it was completely my fault, but it really was an honest mistake... The weather report that I printed indicates that it had been snowing that night, however I do not have any pictures that show the sign covered with snow, therefore this may be difficult for me to prove. Worth a shot I guess. If anything, I am hoping to fight under 11 B if they fail to provide disclosure adequately and promptly and/or if the officer isn't present at the time of the trial. At the very least, a reduction to a by-law infraction (where my demerit points aren't influenced) would be satisfactory for me. I would have no problem paying the money, it's the points that I am concerned about! Thanks though!
Thanks for your reply Simon!
Yeah, I know it was completely my fault, but it really was an honest mistake...
The weather report that I printed indicates that it had been snowing that night, however I do not have any pictures that show the sign covered with snow, therefore this may be difficult for me to prove. Worth a shot I guess.
If anything, I am hoping to fight under 11 B if they fail to provide disclosure adequately and promptly and/or if the officer isn't present at the time of the trial. At the very least, a reduction to a by-law infraction (where my demerit points aren't influenced) would be satisfactory for me. I would have no problem paying the money, it's the points that I am concerned about!
My guess you are under impression that points affect your insurance rates..... I suggest you do some research to find that it is not the case. It is a biggest myth that demerit points affect your insurance premiums. Instead it is a "conviction" on your record that does that (regardless if demerit points are attached to the offence or not). This may change your approach to this situation altogether. Good luck.
I would have no problem paying the money, it's the points that I am concerned about!
My guess you are under impression that points affect your insurance rates..... I suggest you do some research to find that it is not the case. It is a biggest myth that demerit points affect your insurance premiums. Instead it is a "conviction" on your record that does that (regardless if demerit points are attached to the offence or not).
This may change your approach to this situation altogether. Good luck.
No, I know that it is convictions and not points that affect your insurance rates. But if obviously if I get convicted then it also influences my points. What I meant by the statement that you quoted was I don't care how much I have to pay (reasonably of course) I just don't want a guilty conviction that would affect my insurance.
No, I know that it is convictions and not points that affect your insurance rates. But if obviously if I get convicted then it also influences my points. What I meant by the statement that you quoted was I don't care how much I have to pay (reasonably of course) I just don't want a guilty conviction that would affect my insurance.
Try plea-bargaining to a municipal by-law infraction if you want to avoid the insurance issue... If you ask for a municipal "disobey sign" infraction, that would not have points, as well...
Try plea-bargaining to a municipal by-law infraction if you want to avoid the insurance issue... If you ask for a municipal "disobey sign" infraction, that would not have points, as well...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hey Radar, Thanks a lot for the advice! I will definitely try to plea bargain to a disobey sign infraction. However, I had a few questions about this. 1) When would I do this? At a pre-trail conference, on the day of the trail, in the trial itself? Also what's the best method of trying to plea-bargain to something like this? 2) What are the chances of the crown actually doing this? I mean after all I did commit the offense... Would they only do this if they feel as if they don't have enough evidence to convict me? In other words, how likely is this outcome for me? 3) Should I wait to receive disclosure before I try to plea-bargain with the crown? And if they do not provide disclosure, should I even bother bargaining? Thank you very much in advance! Your help is really appreciated!
Hey Radar,
Thanks a lot for the advice! I will definitely try to plea bargain to a disobey sign infraction. However, I had a few questions about this.
1) When would I do this? At a pre-trail conference, on the day of the trail, in the trial itself? Also what's the best method of trying to plea-bargain to something like this?
2) What are the chances of the crown actually doing this? I mean after all I did commit the offense... Would they only do this if they feel as if they don't have enough evidence to convict me? In other words, how likely is this outcome for me?
3) Should I wait to receive disclosure before I try to plea-bargain with the crown? And if they do not provide disclosure, should I even bother bargaining?
Thank you very much in advance! Your help is really appreciated!
all the questions manix_07 has asked apply to me as I am in the same scenario, same intersection. does anyone have any answers as to how to go about this other then: disclosure, and 11b manix_07 have you got any answers from Radar Identified?
all the questions manix_07 has asked apply to me as I am in the same scenario, same intersection. does anyone have any answers as to how to go about this other then: disclosure, and 11b
manix_07 have you got any answers from Radar Identified?
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…