Search found 95 matches

by EphOph
Fri Oct 20, 2017 11:48 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ADVICE NEEDED! I was not even speeding!
Replies: 5
Views: 3633

Re: ADVICE NEEDED! I was not even speeding!

90 in an 80 is still speeding. If you get on the stand and say that you will be convicted. Also if you admitted to the officer that you were speeding you will be convicted.

That being said, definitely request a trial and then disclosure.
by EphOph
Tue Sep 26, 2017 1:16 pm
Forum: General Talk
Topic: No Insurance Accident, Please Advise
Replies: 13
Views: 4638

Re: No Insurance Accident, Please Advise

Here is a page with some info: http://www.ontariotraffictickets.com/traffic-tickets/no-insurance/ .

So it looks like the statute of limitations on this is 3 years as opposed to the HTA's 6 months. To issue a summons, the police will knock on your door, ask for you, and then give you the summons. If someone else answers the door the summons can be ...
by EphOph
Mon Sep 25, 2017 11:47 am
Forum: General Talk
Topic: No Insurance Accident, Please Advise
Replies: 13
Views: 4638

Re: No Insurance Accident, Please Advise

For starters, the minimum fine for driving without insurance is $5000. On top of that, you knowingly used a policy number that the vehicle was not insured under to renew the licence plate and to file the accident report, which is fraud.

When dealing with an accident claim in Ontario, each driver/owner deals with his or her own insurance provider ...
by EphOph
Mon Sep 18, 2017 10:54 am
Forum: General Talk
Topic: bicycle fails to trip green light sensor coil
Replies: 11
Views: 4148

Re: bicycle fails to trip green light sensor coil

After driving for over 3 decades, learned something new. I had no idea it is legal to make a left turn at a red light when turning from a one way street onto a one way street.

Thank you for sharing. That was relatively new when I started driving at the end of 1979. My in-class instructor made sure we knew about it. I believe the Driver's Handbook ...
by EphOph
Thu Sep 14, 2017 9:45 am
Forum: General Talk
Topic: Definition of a U-Turn
Replies: 5
Views: 4067

Re: Definition of a U-Turn

It appears that the issue is not that he used the driveway, but that he only partly used it and didn't fully leave the roadway. Therefore it is just a regular 3-point turn just like if the road had a shoulder instead of a curb with driveways. If he had gone fully into the driveway and then backed out it would be a different story but I agree with ...
by EphOph
Thu Aug 31, 2017 11:41 am
Forum: General Talk
Topic: Minor Road Rage aftermath question?
Replies: 6
Views: 3150

Re: Minor Road Rage aftermath question?

OPS Copper wrote:Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.

OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
by EphOph
Thu Aug 24, 2017 11:56 am
Forum: Red Light Camera Ticket
Topic: Red Light ticket
Replies: 9
Views: 5278

Re: Red Light ticket


Is the ticket the same for not coming to a full stop at red light when turning red as it is for going through a red light? To me that doesn't seem right as a rolling stop is a much less dangerous offense then running a red light.

It is the same ticket because you have to come to a full stop before turning. If you want to discuss the merits of ...
by EphOph
Thu Aug 24, 2017 9:56 am
Forum: Red Light Camera Ticket
Topic: Right turn on red light camera - complete stop
Replies: 26
Views: 29509

Re: Right turn on red light camera - complete stop

Did you get a ticket at the same intersection? In the OP's scan it shows the vehicle traveled just about 7 meters in 1.6 seconds which gives an AVERAGE speed of 15.8km/h. I measured it on google maps so it may be a bit off.

If he was stopped in the first picture and started moving instantly afterwards, the final speed in the second picture would ...
by EphOph
Fri Aug 18, 2017 10:39 am
Forum: Improper driving when road is divided into lanes
Topic: Ticket while merging onto Highway
Replies: 16
Views: 10918

Re: Ticket while merging onto Highway

That sounds to me like a JP has not yet seen it and now that you have passed the time limit for responding it will now be scheduled for a JP to determine if it is correct and regular on its face. The clerk told you it will be entered as a conviction because in general most tickets are written properly. Definitely keep calling them to find out.
by EphOph
Wed Aug 16, 2017 5:18 pm
Forum: General Talk
Topic: Which Disclosure Requests Form I must use?
Replies: 4
Views: 3019

Re: Which Disclosure Requests Form I must use?

I still agree with ticketcombat regarding the phone number. If you are going to include it, then you should take the responsibility around a month after your request (or longer depending on what the notice of trial states for disclosure preparation time) to call the prosecutor's office every few days to see if it's ready. Otherwise the prosecutor ...
by EphOph
Wed Aug 16, 2017 5:01 pm
Forum: General Talk
Topic: Undemocratic Parking Ticket Administrative Monetary Penalty
Replies: 8
Views: 4126

Re: Undemocratic Parking Ticket Administrative Monetary Pena

So the city charges you, then the city judges you, and the city benefits financially from convictions.

Yep, totally no problems with that system whatsoever.
by EphOph
Tue Aug 01, 2017 12:00 pm
Forum: General Talk
Topic: Ticket Fighters: Beware
Replies: 5
Views: 2532

Re: Ticket Fighters: Beware

I would make sure to object and then since a conviction will most likely follow, I would file an appeal and get a Judge to overturn the decision.
So you would have the defendant attempt to do the trial?

Another related question: if you are representing a friend and you are also a witness, what should you do if the court orders the witnesses to ...
by EphOph
Mon Jul 31, 2017 3:30 pm
Forum: General Talk
Topic: Ticket Fighters: Beware
Replies: 5
Views: 2532

Re: Ticket Fighters: Beware

I had a JP do this to me! Unfortunately I did not have a copy at the time. I've only been back to traffic court once since then (for someone else) and did not need to argue this as the charge was withdrawn.

If a JP still does not allow you to represent your family member/friend even after citing the LSA and LSUC, what would you do?
by EphOph
Tue Jul 04, 2017 12:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Missing drivers license number
Replies: 6
Views: 4077

Re: Missing drivers license number

This will not be considered a flaw. Also, the officer most likely found your license number and added it to the certificates before filing them with the court, which is considered to be acceptable now.
by EphOph
Mon Jun 12, 2017 9:18 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 14994

Re: Failure to Stop at Red Light Defense?

1) Every ticket has a $5 court fee included in the total payable. Even if you just plea guilty and pay it, the court still processes it.
2) That is the strategy with these types of fatal errors. Although there is some new case law which could affect it, I think the fine amounts being wrong are still considered fatal errors.
3) There have been many ...
by EphOph
Mon Jun 12, 2017 9:15 am
Forum: General Talk
Topic: Cell Phone Ticket. Need Advice
Replies: 29
Views: 12011

Re: Cell Phone Ticket. Need Advice

Update:

Going into this, I knew what my options were.

A. If the cop wasn't there, I would proceed to trial
B. If the cop was there,
i. Plead guilty for a lower fine
ii. Ask for an adjournment because I didn't have the in car video yet that was part of the disclosure

I looked at the trial list and found that the our ticket was the only one that ...
by EphOph
Mon Jun 12, 2017 9:03 am
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 13925

Re: Failed to stop for school bus

screeech, you can view the thread here: https://www.ontariohighwaytrafficact.com/failing-to-report-a-collision-to-a-police-officer/fail-report-advice-needed-t7717.html . End result was a plea deal to a municipal bylaw.

argyll, you do have a point and although I personally would never admit to anything to a police officer, I have heard from people ...
by EphOph
Thu Jun 08, 2017 2:57 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 13925

Re: Failed to stop for school bus

Many times the evidence is not there, and a testimony will self incriminate you.

On what evidence or experience do you base 'Many times...". Occasionally would be a more accurate word. My scenario is far, far more prevalent based on my thousands of interactions and those of my colleagues.

I helped someone fight a fail to report ticket last ...
by EphOph
Mon Apr 03, 2017 9:27 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 135 in a 100 - officer didn't give me a ticket
Replies: 3
Views: 2815

Re: 135 in a 100 - officer didn't give me a ticket

Technically the officer has 6 months to charge you, but since he said it's your lucky day it sounds more like he just decided to let you go. I wouldn't worry about it.

Best way to avoid speeding tickets -- don't speed.
by EphOph
Mon Apr 03, 2017 9:16 am
Forum: Careless Driving
Topic: Ticket advice
Replies: 6
Views: 3777

Re: Ticket advice

The summons is not your trial, so you don't have to decide what to do immediately. You should get your disclosure at the summons and the prosecutor may offer to reduce it at that time. Your scenario sounds like it would be a good candidate for a reduction to Following too Closely. Definitely don't plead guilty to the careless; it is a very serious ...
by EphOph
Fri Mar 31, 2017 8:11 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to stop sign, trial tomorrow. Am I ready?
Replies: 7
Views: 4828

Re: Failed to stop sign, trial tomorrow. Am I ready?

Hey Guys, So I have received a ticket last year June 3rd near Mid night.
Tomorrow, i'm planning to question police whether he had clear view of stop sign or not, and if he observed that I was driving at 30km/h, not stopped fully with those obstructs in his vision.


I hope you have more than those two questions to be ready for trial! Also make ...
by EphOph
Fri Mar 31, 2017 8:09 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 on 100 on hwy400
Replies: 3
Views: 2316

Re: Speeding 139 on 100 on hwy400

What did you say to the police officer? Did you admit that you were going 125? If you did then you are out of luck. It is a common tactic of police to accuse you of going faster then you were in order to get you to admit to speeding. Even if you are only speeding by 1 km/h, if you admit that to the court or the police you will be convicted of ...
by EphOph
Tue Mar 14, 2017 9:58 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop at Red Light - but wrong charge?
Replies: 7
Views: 4961

Re: Fail to Stop at Red Light - but wrong charge?

The officer has 6 months from the offence date to withdraw the charge and re-issue the correct charge. File for a trial, when you get your trial date request disclosure. If the officer's notes reflect the wrong charge (he wrote that you stopped) and your trial is at least 6 months after the offence date, the prosecutor should withdraw the charge ...
by EphOph
Wed Mar 01, 2017 10:10 am
Forum: General Talk
Topic: dash cam
Replies: 14
Views: 3964

Re: dash cam

What about this scenario:

Driver: "I have recorded this on dash cam."
Officer: "Nice dash cam you have there. Looks like a radar detector to me."

Then they "accidentally" delete the video before returning the device to you.
by EphOph
Wed Mar 01, 2017 10:04 am
Forum: Hand-held devices
Topic: Received Notice of Trial - need advice on next step
Replies: 24
Views: 8301

Re: Received Notice of Trial - need advice on next step

Not to be pedantic but ipod touch is capable of bluetooth and wifi, which IMO fall under "electronic data" in 78.1(1). Haven't the courts decided that a device just has to be capable of wireless electronic communication to be an offence, even if it is turned off or not connected?

In the case Whenaxis referenced, the defence argued it could have ...
by EphOph
Tue Feb 28, 2017 8:22 am
Forum: General Talk
Topic: dash cam
Replies: 14
Views: 3964

Re: dash cam

Why would you tell the police officer you have a dash cam? He is giving you a ticket because he believes you committed an offence, and notifying him that you have evidence to the contrary won't help you. If anything it will cause him to take more detailed notes and remember the encounter; things that you don't want to happen. Also you may see that ...
by EphOph
Fri Feb 24, 2017 12:03 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 4016

Re: Making Statements to Police Officers

A different response such as ,'' I was traveling quite cautiously ended up sliding, when I tried to correct it I ended up down here.'' With no damage and nothing else in play the officer is likely not going to lay any charges. Nor would the officer be required to submit a collision report.
But now you've admitted to driving and going off the ...
by EphOph
Mon Feb 13, 2017 10:32 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 59820

Re: careless driving because pedestrian claims my car hit he

Congratulations on getting three nasty charges withdrawn!

As far as the HTA is concerned you will not be re-charged so you can stop worrying about that. However I do believe you could be sued civilly by the pedestrian up to 2 years after the incident. That is the statute of limitations for property damage, not sure if it's longer for injury. The ...
by EphOph
Thu Feb 09, 2017 2:40 pm
Forum: Compulsory Automobile Insurance Act
Topic: Failure surrender insurance card dealer loaner
Replies: 2
Views: 3249

Re: Failure surrender insurance card dealer loaner

1) Not likely. As the driver you are expected to produce this document when it is demanded by a police officer. It doesn't matter to them that it wasn't your car.
2) You should get disclosure from the prosecution. I don't see how subpoenaing anyone will help your case.
3) Police can pull over anyone at any time to make sure documents are in order ...
by EphOph
Fri Feb 03, 2017 9:19 am
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 16443

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

argyll wrote:I agree that if the case was not going to be argued then they should not have had you attend and waste your time.
Yes, but if the defendant doesn't show up, the prosecutor will get the conviction no matter how frivolous the ticket (as long as the certificate is complete and regular on its face).