Hello, I have been reading a lot of these forums and found them very helpful in the weeks leading up to my summons date. Anyway, I went to the summons, received my disclosure and screening, and was given a month to review my documents and come back. When I talked to the prosecutor though things got confusing for me. Their wording in the discussion led me to believe I was to still receive Stunt Driving under 172, but a lesser fine / speed amount and no suspension. According to the Screening Document though (attached) I am assuming I got the "golden ticket" deal of being bumped down to 49 over under 128? My Question is, did I just misinterpret the prosecutor? Would accepting this plea only be a 49 over charge (minor speeding/section 128) with the said fine + points and nothing else? I just wanted to try to clarify before accepting it. Also, I didn't get a copy of the speed gun manual with my disclosure. Could I request this and use it as an excuse to get a couple more weeks to "think about it". Or do I run the risk of having the deal revoked? Its not a big deal, my insurance likely wont even check, but they renew me at the end of November. Delaying the charge until after that would at least guarantee I only potentially have two years of premium increases. Also is it correct that they cannot hold the 7 day suspension against me? Thanks in advance. These forums are amazing and are extremely helpful. Well except for maybe that one guy who seems to only be here to criticize everyone :lol:
Hello,
I have been reading a lot of these forums and found them very helpful in the weeks leading up to my summons date. Anyway, I went to the summons, received my disclosure and screening, and was given a month to review my documents and come back. When I talked to the prosecutor though things got confusing for me. Their wording in the discussion led me to believe I was to still receive Stunt Driving under 172, but a lesser fine / speed amount and no suspension. According to the Screening Document though (attached) I am assuming I got the "golden ticket" deal of being bumped down to 49 over under 128?
My Question is, did I just misinterpret the prosecutor? Would accepting this plea only be a 49 over charge (minor speeding/section 128) with the said fine + points and nothing else? I just wanted to try to clarify before accepting it. Also, I didn't get a copy of the speed gun manual with my disclosure. Could I request this and use it as an excuse to get a couple more weeks to "think about it". Or do I run the risk of having the deal revoked? Its not a big deal, my insurance likely wont even check, but they renew me at the end of November. Delaying the charge until after that would at least guarantee I only potentially have two years of premium increases. Also is it correct that they cannot hold the 7 day suspension against me?
Thanks in advance. These forums are amazing and are extremely helpful. Well except for maybe that one guy who seems to only be here to criticize everyone
You do not have the required permissions to view the files attached to this post. Register to view.
If the offer is 49, it will be treated no different than as if you were pulled over for 49km over. If you're a fully licensed driver, that would mean a fine per km over and 4 demerit points. Current case law determines there's no obligation to provide a copy of the manual. Correct. Your form there says 155km but you say it was 172?
Would accepting this plea only be a 49 over charge (minor speeding/section 128) with the said fine + points and nothing else? I just wanted to try to clarify before accepting it.
If the offer is 49, it will be treated no different than as if you were pulled over for 49km over. If you're a fully licensed driver, that would mean a fine per km over and 4 demerit points.
That's no longer completely true. The Court of Appeal ruled in 2018 in York (Regional Municipality) v. McGuigan that the operation and testing sections of the manual are first-party disclosure and must be disclosed. To reduce the administrative burden, the Court did allow municipalities to post these sections on their websites and to provide defendants with the URL. See https://www.canlii.org/en/on/onca/doc/2 ... a1062.html.
Current case law determines there's no obligation to provide a copy of the manual.
That's no longer completely true.
The Court of Appeal ruled in 2018 in York (Regional Municipality) v. McGuigan that the operation and testing sections of the manual are first-party disclosure and must be disclosed. To reduce the administrative burden, the Court did allow municipalities to post these sections on their websites and to provide defendants with the URL.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
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…
