Search found 26 matches

by David Chatten
Thu Mar 11, 2010 3:55 pm
Forum: General Talk
Topic: Got a Court Summons Today for a ticket I never got!!!
Replies: 2
Views: 2867

Parked or Stopped

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 ...
by David Chatten
Wed Aug 26, 2009 10:42 pm
Forum: Careless Driving
Topic: I need help- careles driving, HTA130
Replies: 5
Views: 3804

What to do with your careless Charge- 401 Rollover

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 ...
by David Chatten
Wed Aug 26, 2009 10:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 40 over in a 40km/h zone
Replies: 7
Views: 7337

40 Over - What you can do about it.

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 ...
by David Chatten
Wed Aug 26, 2009 10:18 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speed Trap - 79 in 50 zone
Replies: 8
Views: 5117

Try using Regulation 615 of the HTA

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 ...
by David Chatten
Tue Jun 24, 2008 7:37 pm
Forum: Driver of a bus failing to stop at an unprotected railway crossing
Topic: Why the charge is 5 points
Replies: 6
Views: 7351

Re: Why the charge is 5 points

It would appear that way, but I would be carefull and not try to push it too far.
by David Chatten
Thu Jun 19, 2008 9:48 pm
Forum: Driver of a bus failing to stop at an unprotected railway crossing
Topic: Why the charge is 5 points
Replies: 6
Views: 7351

Re: Why the charge is 5 points

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 ...
by David Chatten
Mon Jun 09, 2008 6:14 pm
Forum: General Talk
Topic: Free Legal Clinic-Peterborough - June 15/08
Replies: 0
Views: 1783

Free Legal Clinic-Peterborough - June 15/08

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 ...
by David Chatten
Tue Jun 03, 2008 10:59 pm
Forum: General Talk
Topic: X-Copper Goes Bankrupt! 1000's lost money and get convicted.
Replies: 0
Views: 1969

X-Copper Goes Bankrupt! 1000's lost money and get convicted.

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?
by David Chatten
Sat May 31, 2008 2:59 pm
Forum: General Talk
Topic: Insurance
Replies: 8
Views: 3593

Rate Increase

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 ...
by David Chatten
Tue May 27, 2008 1:05 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144 (18) Red light fail to Stop
Replies: 1
Views: 2946

Should you challenge you ticket?

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 ...
by David Chatten
Tue May 27, 2008 12:44 am
Forum: Prohibited turns
Topic: Proceed contrary to sign at intersection, 144(9)
Replies: 5
Views: 11978

Length of time before Trial

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 ...
by David Chatten
Thu May 01, 2008 5:22 pm
Forum: General Talk
Topic: Rediculousness
Replies: 6
Views: 3935

Re: Rediculousness

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 ...
by David Chatten
Mon Apr 21, 2008 9:41 am
Forum: Improper left turn
Topic: Improper Left turn on oneway street
Replies: 17
Views: 7319

Re: Improper Left turn on oneway street

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 ...
by David Chatten
Tue Apr 15, 2008 2:20 pm
Forum: Improper left turn
Topic: Improper Left turn on oneway street
Replies: 17
Views: 7319

Re: Improper Left turn on oneway street

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 ...
by David Chatten
Sat Apr 12, 2008 3:12 pm
Forum: Improper left turn
Topic: Improper Left turn on oneway street
Replies: 17
Views: 7319

Re: Improper Left turn on oneway street

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 ...