Search found 89 matches

by OTD Legal
Fri Mar 03, 2017 2:15 pm
Forum: Careless Driving
Topic: Careless Driving - Bad Road Conditions 30+km/hr
replies: 15
views: 926

Re: Careless Driving - Bad Road Conditions 30+km/hr

If you are willing to plead to a lesser offence then why hire a paralegal. They won't get any better deal that you can get yourself and will then congratulate themselves on a 'win'. I'd disagree on this point. It's fairly common to get a Defendant calling my office who has gone through an early res...
by OTD Legal
Wed Feb 15, 2017 1:45 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
replies: 86
views: 4908

Re: careless driving because pedestrian claims my car hit he

Thanks man, this helps a lot. Essentially though, all 3 of those findings would result in the same thing though right? i.e your record clean and no one will ever harass you again. I have learned soo much from this Forum. This is the best forum ever. Thank you to all the members on this thread that ...
by OTD Legal
Wed Feb 15, 2017 12:12 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
replies: 22
views: 1083

Re: Failure to surrender insurance card in dealership loaner

Hi guys. Me again. Thanks for all your replies. I have been learning a lot. I am just frustrated about the circumstances surrounding this charge. But alas the law is the law black and white but hoping the circumstances work in my favor. I legitimately made the mistake of not locating the documentat...
by OTD Legal
Tue Feb 14, 2017 3:27 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
replies: 86
views: 4908

Re: careless driving because pedestrian claims my car hit he

This way her civil suit will most likely also be thrown out. That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your ch...
by OTD Legal
Mon Feb 13, 2017 3:29 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
replies: 86
views: 4908

Re: careless driving because pedestrian claims my car hit he

This way her civil suit will most likely also be thrown out. That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your ch...
by OTD Legal
Mon Feb 13, 2017 1:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
replies: 22
views: 1083

Re: Failure to surrender insurance card in dealership loaner

And no there is NOT another 45 days grace... not sure where you go that from. The poster may have misread information or run across unclear/incorrect information. Tickets will say that there is a 15 day period with which to file with the Court. Most Ontario courts provide an additional 30 days (for...
by OTD Legal
Fri Feb 10, 2017 2:09 pm
Forum: General Talk
Topic: Recommended charge to plea down to?
replies: 14
views: 441

Re: Recommended charge to plea down to?

Yes, as Whenaxis mentioned, you need to be very careful on bylaw plea deals.

Sometimes in the remote northern courts it is possible to make a charitable donation to a local charity in lieu of a conviction. St. Thomas used to do that over a decade ago but hasn't done that to my knowledge since.
by OTD Legal
Fri Feb 10, 2017 1:48 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 60 where 40 - please need help!!
replies: 4
views: 495

Re: 60 where 40 - please need help!!

Thank you! what is the best way to negotiate if no legal arguments exist - Please give a few ideas - a 1-2 sentence which may help in negotiation from your experience . THANK YOU!! Not being retained by you and not having reviewed disclosure or spoken with you directly, I can not direct you on what...
by OTD Legal
Fri Feb 10, 2017 1:42 pm
Forum: General Talk
Topic: Insecure load - open for discussion
replies: 33
views: 1545

Re: Insecure load - open for discussion

bobajob wrote:nice one,
wish more people would report there feedbacks on here#
Agreed. It is nice to hear back from posters on how their cases resolved.
by OTD Legal
Thu Feb 09, 2017 3:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
replies: 22
views: 1083

Re: Failure to surrender insurance card in dealership loaner

I'm of the opposite opinion that it is unlikely the the Prosecutor will simply withdraw the offence. Providing an insurance card after the fact is not a defence and is not a basis upon which to have a charge withdrawn. That's not to say that the Prosecutor absolutely wouldn't withdraw the offence if...
by OTD Legal
Thu Feb 09, 2017 12:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: trying to ask for additional disclosure what should i do?
replies: 29
views: 1255

Re: trying to ask for additional disclosure what should i do

At a bare minimum, the prosecutor will likely ask you how you intend to plead. At that point, you could say something like "Not Guilty, but I'm prepared to plead guilty to a reduced speed of 115." He or she may accept it, may say he or she needs to speak to the police officer, may make a counteroff...
by OTD Legal
Thu Feb 09, 2017 12:17 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 60 where 40 - please need help!!
replies: 4
views: 495

Re: 60 where 40 - please need help!!

First, welcome to Canada! I hope that settling in has gone smoothly for you. It sounds like you have been charged with Speeding 60 km/h in a 40 km/h zone. If so, the offence is a 3 demerit point offence. Unfortunately, no way can tell you what to say at court to win. However, I can provide a brief o...
by OTD Legal
Tue Feb 07, 2017 2:58 pm
Forum: Careless Driving
Topic: careless driving charge: left turn with minor injuries
replies: 11
views: 703

Re: careless driving charge: left turn with minor injuries

Thank you, but it raises more questions: Should I seek representation before the summons? Should I seek a paralegal or a lawyer? How would I find/choose a "licenced and experienced paralegal"? Can the forum members recommend one? This area of law is generally handled by paralegals. Hiring a lawyer ...
by OTD Legal
Tue Feb 07, 2017 2:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: How to get an adjournment
replies: 4
views: 398

Re: How to get an adjournment

Hi folks, I have my trial coming up this week for speeding (85 in a 60km/h zone in Ontario) and need to get an adjournment. What can I tell the justice of the peace to qualify for an adjournment? Please note that I put in a request for full disclosure (radar device manufacturing date, tuning forks'...
by OTD Legal
Mon Feb 06, 2017 5:02 pm
Forum: General Talk
Topic: Incorrect Set Fine Payable - Force Fatal Error
replies: 19
views: 526

Re: Incorrect Set Fine Payable - Force Fatal Error

Speeding is an absolute liability offence and it appears that by your own admission you were over the posted speed limit, albeit that you dispute the exact quantum of speed. Officers will generally write the peak speed that your vehicle was measured travelling regardless of whether or not you were a...

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