Hi, So I was out for a drive last night to clear my head and was caught speeding at 146 on highway 6 near Caledonia which is an 80 zone. I deeply regret my actions and don't know what I was thinking. The officer pulled me over and said that he will have to impound my car and suspend my license for 7 days. However due to the courts being closed at this time, the court date I got is for October for a Summons. What do I have to do next to get my license and car back? Do I have to pay a reinstatement fee at the Service Ontario? Ive seen a couple posts that said they didn't have to pay. My car got towed to Caledonia, which was about 3-5 km from where I was pulled over. How much will the towing and impound fee be approximately? Because my court date is in October, have I been convicted of anything yet? Will my insurance know about this until October? I ask because I want to know if I need to call my insurance company before picking up my car. Has any one had experience with the courts in Cayuga? How do the court hearings go? I will reiterate, I made a mistake and do not think speeding is okay. I will be making sure that it doesn't happen again. Any advice is appreciated and thank you all for the help
Hi, So I was out for a drive last night to clear my head and was caught speeding at 146 on highway 6 near Caledonia which is an 80 zone. I deeply regret my actions and don't know what I was thinking. The officer pulled me over and said that he will have to impound my car and suspend my license for 7 days. However due to the courts being closed at this time, the court date I got is for October for a Summons.
What do I have to do next to get my license and car back? Do I have to pay a reinstatement fee at the Service Ontario? Ive seen a couple posts that said they didn't have to pay. My car got towed to Caledonia, which was about 3-5 km from where I was pulled over. How much will the towing and impound fee be approximately? Because my court date is in October, have I been convicted of anything yet? Will my insurance know about this until October? I ask because I want to know if I need to call my insurance company before picking up my car. Has any one had experience with the courts in Cayuga? How do the court hearings go?
I will reiterate, I made a mistake and do not think speeding is okay. I will be making sure that it doesn't happen again.
Any advice is appreciated and thank you all for the help
The 7 day suspension is what they call an administrative suspension. No, you haven't been convicted of anything. Since driving is not considered a right, these admin suspensions are legal and considered the norm. Will your insurance know about it? Yes and no. Admin suspensions will show up on your abstract. The reasons behind them wont. Your provider is not supposed to change your rates based on these short term admin suspensions. Your rates will change if/when you're convicted. As for what to expect, who knows. A good scenario would be if you were offered 49km over instead of 66. Whether that happens depends on different factors. Hopefully someone else can reply about the process of getting your car back.
The 7 day suspension is what they call an administrative suspension. No, you haven't been convicted of anything. Since driving is not considered a right, these admin suspensions are legal and considered the norm.
Will your insurance know about it? Yes and no. Admin suspensions will show up on your abstract. The reasons behind them wont. Your provider is not supposed to change your rates based on these short term admin suspensions. Your rates will change if/when you're convicted.
As for what to expect, who knows. A good scenario would be if you were offered 49km over instead of 66. Whether that happens depends on different factors.
Hopefully someone else can reply about the process of getting your car back.
Thanks for the reply! Is it necessary to involve lawyers for the first summon? Ive had no prior tickets but I'm not sure if lawyers are only necessary for trials or is it advisable even for summon. S
Thanks for the reply!
Is it necessary to involve lawyers for the first summon? Ive had no prior tickets but I'm not sure if lawyers are only necessary for trials or is it advisable even for summon.
I suggest you go to the first appearance without a lawyer. You'll get your disclosure and find out what the Crown is offering. If they offer you a 49 over speeding charge, just plead it out and count yourself lucky. You then saved yourself additional money on not needing to pay for legal representation. If they are unwilling to offer just a speeding charge, you should then take your disclosure to a lawyer or paralegal and see if there is a defense to be made.
I suggest you go to the first appearance without a lawyer. You'll get your disclosure and find out what the Crown is offering. If they offer you a 49 over speeding charge, just plead it out and count yourself lucky. You then saved yourself additional money on not needing to pay for legal representation. If they are unwilling to offer just a speeding charge, you should then take your disclosure to a lawyer or paralegal and see if there is a defense to be made.
Thanks for the reply! How does the summons usually go? Ill get there an hour early. But do i just have to sit and wait or do I go to someones office to express regret? Some posts have said that the judge came to see them before the scheduled time. Other posts have said that they went to see the judge. My hearing will be in Cayuga, if that helps.
Thanks for the reply!
How does the summons usually go? Ill get there an hour early. But do i just have to sit and wait or do I go to someones office to express regret? Some posts have said that the judge came to see them before the scheduled time. Other posts have said that they went to see the judge. My hearing will be in Cayuga, if that helps.
Just know that there are usually different prosecutors in the courthouse. Each deals with different types of offences. You want to speak with the Part 3 prosecutor. When you arrive, line up to speak with your Crown. They will either call you in to their office just outside the courtroom (next to the courtroom) or they may already be seated at a desk inside the courtroom itself. It'll be pretty obvious. The Crown will then give you your disclosure, find out if you have representation and likely make you some sort of offer. The meeting generally takes no more than 5 minutes since they have a lot of people to get through. Then, when the courtroom opens up, everyone goes in. Those pleading guilty or asking for an adjournment (remand) are called up first since their matter is quick. However, if you want to go to trial, they'll likely either give you a new date right in court or they will ask that you go back outside, speak with the trial co-ordinator (the front counter staff can help you find them), get a new date from him/her, and then come back inside the courtroom to actually let the court know the new date that you'll be coming back for your actual trial. They usually only set 'set date' adjournments directly inside court---that is, generally a 2 or 3 week adjournment to come back to court just to set your trial date. That's done because if you plan on hiring a professional they'll come in that day to let the court know their schedule so that the court knows they will in fact be available for that trial date. Generally though, trials dates are scheduled via the trial co-ordinator instead of directly via the court clerk inside the court. Its not as complicated as it may sound. Just follow the flow---they will guide you through the process.
Just know that there are usually different prosecutors in the courthouse. Each deals with different types of offences. You want to speak with the Part 3 prosecutor. When you arrive, line up to speak with your Crown. They will either call you in to their office just outside the courtroom (next to the courtroom) or they may already be seated at a desk inside the courtroom itself. It'll be pretty obvious. The Crown will then give you your disclosure, find out if you have representation and likely make you some sort of offer. The meeting generally takes no more than 5 minutes since they have a lot of people to get through. Then, when the courtroom opens up, everyone goes in. Those pleading guilty or asking for an adjournment (remand) are called up first since their matter is quick. However, if you want to go to trial, they'll likely either give you a new date right in court or they will ask that you go back outside, speak with the trial co-ordinator (the front counter staff can help you find them), get a new date from him/her, and then come back inside the courtroom to actually let the court know the new date that you'll be coming back for your actual trial. They usually only set 'set date' adjournments directly inside court---that is, generally a 2 or 3 week adjournment to come back to court just to set your trial date. That's done because if you plan on hiring a professional they'll come in that day to let the court know their schedule so that the court knows they will in fact be available for that trial date. Generally though, trials dates are scheduled via the trial co-ordinator instead of directly via the court clerk inside the court.
Its not as complicated as it may sound. Just follow the flow---they will guide you through the process.
Thanks for the detailed post! Do you know how much the tow + impound cost usually comes up to? I was told that if its an absurd amount then I can report it for scamming but idk if I believe that. They had to tow my car to an impound about 20 km away from where I was pulled over.
Thanks for the detailed post!
Do you know how much the tow + impound cost usually comes up to? I was told that if its an absurd amount then I can report it for scamming but idk if I believe that. They had to tow my car to an impound about 20 km away from where I was pulled over.
I don't know the exact towing/impound fees for Haldiman County, but in most Ontario jurisdictions it is generally (for most passenger vehicles), a towing pick-up fee of no more than $250 if within city limits (i.e. around 30km radius) and $4-$6/km extra. The daily storage/impound fee varies from $50 per night (if outside) to $80 per night (if inside).
I don't know the exact towing/impound fees for Haldiman County, but in most Ontario jurisdictions it is generally (for most passenger vehicles), a towing pick-up fee of no more than $250 if within city limits (i.e. around 30km radius) and $4-$6/km extra. The daily storage/impound fee varies from $50 per night (if outside) to $80 per night (if inside).
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…