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An argument may be made that the vehicle in questions was stopped and not parked, especially when the vehicle has been moved to another location/parking spot and no service was effected at the time of the offence. Usually parking infractions are handled under part II of the Provincial Offences Act by way of a Certificate of Offence, but any ...

The other people posting are correct, it is a story that may be hard to believe, but not impossible. There are charges under the H.T.A. that some Careless charges may be negotiated down to. One for example is Leave Roadway - Not in Safety. This charge carries two(2) Demerit points and is considered as a Minor charge when compared to the Careless ...

When charged with going 40 Km/H over the limit you may have some options. You could plead Not Guilty(Option #3) and request a Court date. You or your agent should then request and review the Disclosure for your case(All the Evidence that the Prosecutor plans on using against you) and seek out possible Defences. Most speeding tickets are won on ...

Hello,

Regulation 615 of the Highway Traffic Act is where you will find the requirements for having Speed Limit Reduction Signs.

It is important to note that in a 60 KM/H or less zone, depending on the length of the Speed Zone the signs must be spaced no farther than 600 metres apart (in a zone that is short, the requirements can be as low as 300 ...

It would appear that way, but I would be carefull and not try to push it too far.

In many cases, the H.T.A. Section 174 ay not even apply.....

Section 1(1) of the H.T.A. includes:

"public vehicle" has the same meaning as in the Public Vehicles Act;

The P.V.A. defines a public vehicle as:

"public vehicle" means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of ...

In response to X-Copper Legal Services going bankrupt, and leaving 1000's without legal representation, D.C. Paralegal Services is holding a FREE Legal Clinic at:
The Peterborough Inn & Suites Hotel, at 312 George Street North, Peterborough, ON (Downtown) on June 15, 2008 from 9 a.m. to 4:30 p.m.

Free refreshments will be provided and there will ...

Read the following article about one of the, former, largest paralegal services in Ontario specializing in H.T.A. defences.

http://www.cbc.ca/canada/ottawa/story/2 ... opper.html

Has this bankruptcy affected anyone on this board?

I spoke to an agent with Whitley Insurance in Belleville, Ontario and the agent I spoke to stated that with some insurance companies, it could be seen as a minor violation and rates could increase. I have one client who stated that when he worked as an insurance agent, he saw rates increase quite frequently due to minor violation. I negotiate for ...

You should challenge the charges against you. If you plead guilty you are facing the $180 fine plus 3 points on your licence. Your insurance rates will most likely increase if the conviction is discovered. Keep in mind from the insurance companies perspective, if you get convicted once....how many other times have you "possibly" taken similar risks ...

You should definitely consider raising an argument under section 11(b) of the Charter any time a case takes longer than 9-12 months to get to Trial and the delay is not due to the Defendant. Here is a link with a sample Notice that you need to prepare and serve on the Crown and file with the Court.

http://www.magma.ca/~fyst/question.htm

I am not ...

There are no demerit points for any of the offences you listed, however you should note, that all 4 will form part of your permanent driving record.

If the office spelled your name wrong, you may be wise to speak to someone about representing you in court, as the prosecution must prove the identity of the accused. If you show up, all the ...

As long as the documents are correct, the charge would stick. Also, the officer is not required to inform a driver of the demerit points for the charge, or any other ministry sanctions. A Charter of Rights issue could be raised, but I haven't seen it in my area yet.

Any thing you discuss in an attempt to resolve you case with the prosecutor should ...

Print Sample form and make one for yourself(Keep it on file in case you need one again). You can find the court address on the back of your offence notice. It is recommended that you submit your disclosure request as soon as you realize you would like disclosure, but only after you have signed your ticket as not guilty and filed it with the court ...

Unfortunately, not all agents are the same. Try to find a Paralegal that is able to expain your options in a way YOU understand, not using confusing word in the way he or she speaks.

As far as tracking down the street sweeper, as you mentioned it is the first time you saw one on the street(at least this year). The municipality where you were ...

Yes, it could pose a problem to you and the firm you work for. A clean record is always best for employability purposes, and you boss probably wants to keep their record as clean as possible, to avoid having vehicles pulled off the road.

If you like, scan and email (or fax) me a copy of your ticket. I can review it free of charge and we could have ...

You should challenge every offence notice an officer gives you. I am not saying that always means pleading not guilty and going to trial, but at least try to minimize the damage to yourself

Can you win? Yes it is possible if you craft a proper defence. I would avoid fighting a case like this yourself, because if you testify, a prosecutor while ...

CVOR points are different from demerit points. CVOR points are used to rate commercial drivers and companies that own commercial vehicles. If a company accumulates to many points, the ministry may pull their vehicles off the road for a set period of time. Drivers want to ensure they keep their CVOR points low to help stay in the "employable range ...

There are no demerit points assigned for this offence. There may be CVOR points assigned, but only if the officer completed the CVOR section of the offence notice she served you with. (Sometimes officers inadvertently forget to complete that section of the offence notice).

Depending on the situation behind the door being open, you may be able to ...

Well your brother is facing a large fine. The No Insurance conviction will cost him a minimum $5000 fine. He should be prepared to show the court his financial situation and be able to prove that if the court imposes the $5000 fine it will cause undue hardship on him and/or his family. As far as the expired plates go he will face a much smaller ...

After you file you offence notice with the court, you should type out a form of your own that is addressed to the prosecutor c/o the court..., and in the form list, you full name, ICON and offence number, date of trial, officers name and number. Include the address that the prosecutor can send the disclosure. In the package you receive from the ...

In Ontario, there is no provision in the Highway Traffic Act nor any other act, that requires the police officer to show you the speed measuring device or the speed it has recorded. Imagine how an officer conducting speed enforcement from a plane or helicopter would show the device to a drive on land. You may wish to challenge the offence based on ...

You should definately contact an agent or lawyer. The crown may seek a licence suspension in addition to the 7-day suspension you have already encountered. You may be able to keep your licence if you play your cards right. You are facing a fine between $2, 000 and $10,000 depending on your record. The errors with your name can easily be corrected ...

Yeah, the law is new, but they are hammering down on drivers in the Ontario region. In Napanee or Belleville where your court date will be, depending on exactly where you were pulled over, you may wish to negotiate to a lessor charge. Some agents in that area have had success arguing Disobey Sign, and the sign being the emergency lights. You should ...

One option you may wish to argue if you choose to waive your right to a trial and enter a guilty plea, may be to negotiate to a lessor charge of Disobey Lane Light, under section 144(10) of the H.T.A. This option, should the prosecutor agree to it, would reduce the demerit points from 3 down to 2, and your insurance company may also view this as a ...

Another option may be to argue Disobey Lane Light, under section 144(10) of the H.T.A. Again as another user pointed out, ask for the min. $50 fine. I would only recommend this option after you have received Disclosure from the Crown. Who knows what the officer may have jotted down, you may have a stronger case than you think.