Search found 162 matches

Interesting situation. We have fought hundreds of tickets like this and you should be able to beat this one. I suggest it would be helpful to read signs regulation.....Good luck.

I know that his license isn't under a suspention, it used to be but he recieved a letter a while back saying it was no longer under a suspention, although he still owes fines from there. Basically i'm woundering if its standard when getting a g1 license for them to check driving records from other provinces

If fines are not fully paid or an ...

I agree with you 100%. Fight this one and do not let up.

The answer to the question is in the legislation. If the lights came on when you were next to the bus - there is no requirement to stop. We handle hundreds of tickets like this and i think you have a chance beating this one.

hwybear wrote:any cracked plastic bumper rarely can be repaired and must be replaced usually around $2000 and up

New (after market) bumper costs arround $300 plus paint. Way below $2000.

Interesting read. I think that the defendant has a good case on this one. As long as he can prove on balance of probabilities that he took all reasonable steps to ensure that his address was changed (i.e Quebec advised as such) and actually surrendered his Ontario driving license (in Quebec) at the time of obtaining a Quebec one. Im my opinion any ...

Bring a letter from your insurance company to your first apperance (not letter from broker or actual insurance card). Prosecutor will confirm if in fact your vehicle was insured at the time. On use plate not authorized - use your negotiations skills.

If you pay the ticket or found guilty at trial a conviction will be registered on your driving record and may affect your insurance premiums. In most situations you should be able to convince the prosecutor to withdraw the charge upon showing valid insurance card to the prosecutor.

11b motion is heard pre-trial. If your motion fails you will be required to enter a plea and either proceed with trial or plead guilty. You may appeal the 11b decision after the completion of the case.

It will register as a conviction and may have impact on your insurance.

You may avoid jail depending on your current situation. Did you pay all ourstanding fines? Did you get your licence reinstated? All of these will help.

It is a serious charge and you should not take it lightly. You may have something here. Get disclosure and seek advise from paralegal or lawyer.

You can attend prosecution office and they will provide you with a disclosure request form. Fill it up and ensure you get stamped copy of your request.

You can request disclosure after you have filed your notice of intention to appear. As part of your disclosure request you should indicate next date for your court appearance (you may also wait until you receive a notice of trial and request it then).

If you believe that you did not comit the offence "charged" go to court and fight it. Your story gainst police - you are already half way there.

Charter argument has to be filed "as soon as delay became apparent". Do not play the system. If you rights are violated - why wait? If you simply trying to toss a coin - charter application has to be filed no less that 15 days prior to the argument.

You should not look at the appeal as another crack at the case. There is LEGAL requirement for taking pleas and being aware of consequences. That is all I have to say without giving legal advice.
In the alternative, you can still have your sticker renewed and your wife drive you arround.

Was it B court on Friday last week? I think I have seen you pleading your case with officer at the brake - Not much luck I guess? Consequences of new job I believe?

You should have remained in court to see what happened to the ONLY trial matter on the same charge that day (with your officer). Too bad you have to come back.

Testing procedures for the radar unit should be provided to you as part of the disclosure. If you did not receive it - request it again. As to the delay, it depends in what jurisdiction it occured. In some jurisdictions 11 month may be sufficient but in others not. Regardless of the jurisdiction, if you believe that your 11b rights were violated ...

In light of your situation your insurance will likely go up if you are convicted of this offence. This allegation is considered a minor offence and you should fight it. I guess the officer reduced the speed from the higher speed. At trial your speed may be amended to the original.

The photos are the evidence aginst you. If photos are clear and support the charge you likely will lose. This charge does not go on your record nor has any demerit points attached. It is offence against the owner of the motor vehicle and not the driver. Usually, on guilty plea, your fine is reduced. There is no need to file this ticket for trial ...

You are correct. Justice of the Peace has no authority re: demerit points, suspension (in some cases suspension is discretionary and Justice may not want to impose it.), etc. This is function of MTO. In your case suspension was mandatory by operation of the section. At the time of you entering guilty plea you should have been arrained and caution ...

The charge of Careless Driving issued after 01 January 2010 "must" reflect the fine of $400 and total payable of $490. All other amounts give you grounds to get the ticket quashed. There is a technical process that "must" be followed in order to get the order you seek.

Appearance in court "Will" remedy the mistake and amendment granted.

First attendance is a meeting with the prosecutor. You can attempt to resolve it there. If resolution is not acceptable you can request a trial.

Did the officer serve the ticket to you like that or did he amend it after service. If latter - it is a fatal error.

What helps is to know what are the time restrictions on the sign?

Did you drive in that lane during restricted times? If yes, then did you drive there for a distance more than 45 meters? If yes, you are correctly charged.

Depending on jurisdiction, prosecution might just withdraw the charge but you should be prepared to advance your argument in any event. It is better to be overprepared than not prepared at all. I suggest you read up on "motions for non suit" and "directed verdicts".

Good luck.

You are allowed to be in that lane for limited distance only (I believe it is 45 meters). In that area it is impractical to get to the highway due to the traffic jams. Officers are there for this reason.

lol, thanks

I agree you should take this to trial. I suggest to concentrate on wrong charge being laid instead of scrutinizing actions of the truck driver (also important) or providing explanations. Keep in mind, prosecution needs to provide evidence for the allegation before you would even have to mount a defence.