Good Afternoon, Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions). Background: My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down there. Ticket was received in the Windsor area issued by the OPP Circumstances: On Jan 20th around noon, through my own "stupidity" i didn't notice a speed change area on the local expressway. Speed limit decreased from 100km/hr to 80km/hr. I was speeding. initially i thought I was getting a ticket for 36km over the limit. My assumption i was going 136 in a 100 zone. Turns out to my shock i was doing so in an 80 zone. (yes i accept responsibility of my wrong doing, as i should of seen the sign and noticed the transition). My question is more so regarding what is the best course of action to mitigate the damages and what are the precedents in court for this time of infraction? Formal Charge: I was charged with going 136km/hr in a 80km/hr zone. Charge was "stunt driving/excessive speed" My Land Rover was impounded for 7 days and driving license suspended for 7 days (I get both back on Jan 27th) My background: I'm a professional Engineer (with PhD). My driving record: One infraction of 15 over on the 401 (in a different jurisdiction), ticket was $55 no points from about 6 months ago) Outside of that, my driving record is clean. I have retained an attorney to represent me on this matter, i'm just looking for some educated opinions on what people have seen as outcomes or any other advise. My court date isn't till Feb 27/2012 so the wait is killing me (my own impatient nature i guess) lol Thank you Paul
Good Afternoon,
Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions).
Background:
My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down there. Ticket was received in the Windsor area issued by the OPP
Circumstances:
On Jan 20th around noon, through my own "stupidity" i didn't notice a speed change area on the local expressway. Speed limit decreased from 100km/hr to 80km/hr. I was speeding. initially i thought I was getting a ticket for 36km over the limit. My assumption i was going 136 in a 100 zone. Turns out to my shock i was doing so in an 80 zone. (yes i accept responsibility of my wrong doing, as i should of seen the sign and noticed the transition). My question is more so regarding what is the best course of action to mitigate the damages and what are the precedents in court for this time of infraction?
Formal Charge:
I was charged with going 136km/hr in a 80km/hr zone. Charge was "stunt driving/excessive speed" My Land Rover was impounded for 7 days and driving license suspended for 7 days (I get both back on Jan 27th)
My background:
I'm a professional Engineer (with PhD).
My driving record:
One infraction of 15 over on the 401 (in a different jurisdiction), ticket was $55 no points from about 6 months ago)
Outside of that, my driving record is clean.
I have retained an attorney to represent me on this matter, i'm just looking for some educated opinions on what people have seen as outcomes or any other advise. My court date isn't till Feb 27/2012 so the wait is killing me (my own impatient nature i guess) lol
No experience with Windsor, but I've seen many Crowns willing to drop the stunt driving charge if you agree to plead guilty to the speeding offence. Now while speeding is better then stunt driving, 56 over would still probably be considered a major conviction by insurance providers. You'd need to get the speeding dropped down to 49 over (or possibly less) to avoid a major insurance hit. I'm guessing the Crown probably wouldn't be keen to offer that much of a deal though.
No experience with Windsor, but I've seen many Crowns willing to drop the stunt driving charge if you agree to plead guilty to the speeding offence.
Now while speeding is better then stunt driving, 56 over would still probably be considered a major conviction by insurance providers. You'd need to get the speeding dropped down to 49 over (or possibly less) to avoid a major insurance hit. I'm guessing the Crown probably wouldn't be keen to offer that much of a deal though.
I understand in all likelihood I will have to pay some sort of fine (presumably the speeding 56 over, is less of a fine that stunt driving). Also regardless there will be insurance implications and I'm willing to accept those. My biggest concern is a further suspension of my license. As I travel all over the country for work and flying into airports and getting rental cars to travel to sites is the norm on a weekly basis. Not being able to drive for an extended period of time after whatever the impending conviction works out to will be a more serious concern. Is it "normal" to issue another suspension with a first offense conviction?
I understand in all likelihood I will have to pay some sort of fine (presumably the speeding 56 over, is less of a fine that stunt driving). Also regardless there will be insurance implications and I'm willing to accept those.
My biggest concern is a further suspension of my license. As I travel all over the country for work and flying into airports and getting rental cars to travel to sites is the norm on a weekly basis. Not being able to drive for an extended period of time after whatever the impending conviction works out to will be a more serious concern.
Is it "normal" to issue another suspension with a first offense conviction?
I don't believe so. Again, the Crown usually offers a plea deal in my experience and suspensions are tied to a stunt driving conviction, not speeding by itself. So if you accept a plea to speeding, suspensions are off the table (unless you have a lot of points from prior convictions). Obviously talk to your representative because they'll know best.
I don't believe so. Again, the Crown usually offers a plea deal in my experience and suspensions are tied to a stunt driving conviction, not speeding by itself. So if you accept a plea to speeding, suspensions are off the table (unless you have a lot of points from prior convictions). Obviously talk to your representative because they'll know best.
I would just show up at first attendance,be remorseful and most likely the prosecutor will let you plea it down.Welcome to the speed trap capital of Canada and second in North America,you will be well advised to watch your step from here on out as the area is well known for terrible signage and police who take advantage of the fact.Windsor has a habit of placing speed limit signs at the end of the roads and setting up speed trap at the beginning which is legal. Here's a few articles to drive the point home,on a side note the Windsor police are currently under national scrutiny for public beatings,theft,cover ups,intimidation and general corruption and probably why the crime rate is so low.Most officers however are in fact honorable and fair but you never know what to expect.The city is working to fix the current police culture.Compared to Detroit Windsor is a jewel. http://news.nationalpost.com/2011/08/31 ... canada-is/ http://www.google.ca/#hl=en&cp=15&gs_id ... d1d6f83d5c
I would just show up at first attendance,be remorseful and most likely the prosecutor will let you plea it down.Welcome to the speed trap capital of Canada and second in North America,you will be well advised to watch your step from here on out as the area is well known for terrible signage and police who take advantage of the fact.Windsor has a habit of placing speed limit signs at the end of the roads and setting up speed trap at the beginning which is legal.
Here's a few articles to drive the point home,on a side note the Windsor police are currently under national scrutiny for public beatings,theft,cover ups,intimidation and general corruption and probably why the crime rate is so low.Most officers however are in fact honorable and fair but you never know what to expect.The city is working to fix the current police culture.Compared to Detroit Windsor is a jewel.
In my case it wasn't the Windsor Police that issued the ticket. It was the OPP as they have jurisdiction in the areas surrounding Windsor. My court date is scheduled in the Windsor court. I'm hoping the prosecutors are reasonable, but that's what I'm paying my lawyer for. It's his job to negotiate.
In my case it wasn't the Windsor Police that issued the ticket. It was the OPP as they have jurisdiction in the areas surrounding Windsor.
My court date is scheduled in the Windsor court.
I'm hoping the prosecutors are reasonable, but that's what I'm paying my lawyer for. It's his job to negotiate.
Just read the article and it is flawed right from the start...it is based on "anoymous" posts on the internet, all that means is more ppl from those cities use the internet! However, hugely works in favour of the police with that report being out too...people will know they should slow down in that city.
Just read the article and it is flawed right from the start...it is based on "anoymous" posts on the internet, all that means is more ppl from those cities use the internet! However, hugely works in favour of the police with that report being out too...people will know they should slow down in that city.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Lived in both places... and that's an understatement.
matt123 wrote:
Compared to Detroit Windsor is a jewel.
Lived in both places... and that's an understatement.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Those are the only type of statistics available for the papers to use and it isn't the same cities year after year on the list.What ever the numbers are Windsor defiantly has a higher than average amount of speed traps.We still have lots of Americans coming over that don't know what a km is and think they can get just hop back across the boarder unscathed so the city has a point to make in that respect. Windsor Is actually considered in some statistics as part of metro Detroit in fact both cities consider Windsor a suburb with large economic ties yet Windsor has a very low crime rate for it's size and location.Thousands commute across the boarder daily for work and school alone.Over 5000 Windsor nurses are employed in Detroit and our hospitals have also partnered.An example of this is Hotel Dieu Grace Hospital and Detroit Reaceving/ Belmont hospitals.
Those are the only type of statistics available for the papers to use and it isn't the same cities year after year on the list.What ever the numbers are Windsor defiantly has a higher than average amount of speed traps.We still have lots of Americans coming over that don't know what a km is and think they can get just hop back across the boarder unscathed so the city has a point to make in that respect.
Windsor Is actually considered in some statistics as part of metro Detroit in fact both cities consider Windsor a suburb with large economic ties yet Windsor has a very low crime rate for it's size and location.Thousands commute across the boarder daily for work and school alone.Over 5000 Windsor nurses are employed in Detroit and our hospitals have also partnered.An example of this is Hotel Dieu Grace Hospital and Detroit Reaceving/ Belmont hospitals.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…