Search found 121 matches

Courts (generally) look more favourably upon people who submit a guilty plea. This saves time and resources for a full trial. There are countless examples in case law (both for criminal and provincial offences) where a lesser penalty is given for a guilty plea.

As I mentioned in my previous post, there is a fine of $2,000 to $10,000 for stunt ...

In some jurisdictions in Ontario, civilians can make complaints about driving offences to police. If the vehicle and plate information match, then some police departments will send a warning letter to the vehicle owner, which has no real legal consequences.

This may also be the case in your area.

Here's an example:
https://www.ottawapolice.ca/en ...

In this case, I can see one of two options as to how the Fault Determination Rules will apply.

Rule 17(2) does not apply in these circumstances because it requires Automobile "A" (your car) to be BOTH illegally parked AND outside a populated area - If automobile "A" is illegally parked, stopped or standing when it is struck by automobile "B" and ...

The officer will testify that you were traveling at 171km/h and that he tested the device based on the manufacturer's guidelines. That is enough to convict you of stunt driving, unless you're able to disprove his evidence.

At early resolution, if the prosecutor doesn't offer you a deal, you can simply ask for 49km/h and say that you will plead ...

You're likely not going to get a response from jsherk.

The prosecution will call the officer to the stand to testify. After he is done testifying, the prosecution will introduce the video evidence similar to the process for allowing the officer to use his notes. The prosecutor will ask if they took the video, explain what is happening in the video, etc.

In cross-examination, you can refer to the video ...

If a peace officer sees you committing a non-driving HTA offence (i.e. bicycle, pedestrian, passenger), you are required to identify yourself by providing your name and address. There is no requirement that you must provide a form of government issued ID, but you can be arrested if you refuse to provide your name and address. You can also be ...

Can you clarify what you have been charged with on your summons? - exact wording and section

While that is a possibility, the prosecutor can only amend the charge up if you choose to plead not guilty and proceed with a full trial. The officer will need to testify as to the actual speed. But if the prosecutor is unwilling to offer a plea deal, you can still plead guilty to the reduced charge of 91 in 50 and avoid a full trial, and you don't ...

I was always under the impression that if the driver's license is on the ticket, then upon conviction, it is an automatic process where the conviction is registered on the driving record associated with your driver's license. Even if this ends being up the case, there is no demerit points associated with this offence and I don't think it will ...

Did you provide your driver's license for ID, and does your driver's license information appear on the ticket?

You also have the option of going to trial (Option 3) and request disclosure to see the evidence. After reviewing the evidence, if you don't think you can win it, you can speak with the prosecutor before the trial to get a plea deal. A possible offer could be 15km/h over the speed limit (0 demerit points, reduced fine). If there's no deal, you can ...

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18.

The only exceptions are:
hands-free ...

If the woman reports it to the police, they will send you a letter and that's about it. The letter serves as a "warning" and there are no legal consequences.

You will likely not be successful in seeking a stay.

The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do) that unreasonable delay is 18 months in provincial trial courts.

If it has been less than 18 months between the offence date and the trial date, the burden is on you to show that the ...

Congratulations! I think that's a very good result nonetheless. Came in with two tickets, left with none.

Talking to the prosecutor beforehand is definitely one route as highwaystar has suggested. But from previous experience, I know that prosecutors really don't want to hear any of it before the trial. They just want to know if you're pleading guilty or not guilty, and whether they can make a deal with you. As soon as you start talking about why you ...

I agree with Stanton - the Wilson case is an excellent example to look at, it's the authoritative case in Ontario for an offence under s.106(2) "Driver fail to properly wear seat belt"

That brings me to a question... did you get charged under s. 106(1) "Drive with seat belt removed" or s. 106(2) because there is a significant difference:
s. 106(1 ...

I'm going to offer a slightly different perspective here from recent experience.

1) At early resolution or before trial, you may be offered a deal for "disobey sign" under section 182 of the Highway Traffic Act, which is 2 demerit points compared to 3 for disobey stop sign (there's really no difference for insurance purposes, it's still a minor ...

In addition to insurance rates going up as bend said, beware that a careless driving conviction will also result in 6 demerit points being assessed on your record. Or, I noticed you said you're 19, if you have a G1 or G2 licence, a careless driving conviction is an automatic 30 day licence suspension.

It's probably a good idea to get a paralegal ...

HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.

Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.

Read the regulation and educate yourself ...

If you pay the ticket or plead guilty, a conviction will be registered on your driving record. For this particular offence, there is also 3 demerit points associated with it.

For insurance purposes, this is considered a minor conviction. It may or may not affect your insurance, depending on your policy. You may see a slight increase in your ...

Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all.

And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights.

But I think it's important to point out that ...

Yes, the officer would need to testify about the posted speed limit. He would simply say "the posted speed limit was 60".

If you can show that the speed limit was 80, the prosecutor can ask for the ticket to be amended to 82km/h in a 80km/h zone. The prosecutor also has the choice of asking for a directed verdict to dismiss the case if the trial ...

I believe airport roads are governed by the Airport Traffic Regulations, C.R.C., c. 886 under the Government Property Traffic Act and Department of Transport Act.

http://laws-lois.justice.gc.ca/eng/regu ... lText.html

York Region no longer provides early resolution meetings.

You can request a trial (Option #3) and on the day of your trial, the prosecutor will offer the same deal as you would have received at an early resolution meeting.

As your ticket is already reduced, the prosecutor may be more reluctant to offer you a deal.

In York Region, they typically ...

I believe you've been charged under section 172 of the Highway Traffic Act.

This is one of the more serious charges. You may want to consider finding a paralegal or lawyer, rather than fighting it yourself. Or accept a plea deal to a lesser charge on your summons date.

If convicted, you will face a fine of $2,000 to $10,000 or up to 6 months ...

Beware ticket fighters.

For those of you like me, who like to fight tickets as a hobby for family members or friends,

One of the prosecutors I dealt with for my friend's ticket, he filed a complaint with the Law Society of Upper Canada (LSUC) that I was providing legal services without a licence and the LSUC sent me a cease and desist order, even ...

"Careless driving" tends to be a catch-all offence when an accident happens and the police don't really know what section of the Highway Traffic Act to charge you with.

Did you receive an offence notice or a summons?

You will either get a conviction notice in the mail or you will not hear anything.

If you get a conviction notice, you can go to the court and apply for a reopening.

If you do not hear anything, that means a justice of the peace quashed the ticket due to an unfixable error on the ticket.