Now another situation people...say you were turning off a roadway, and clipped a pedestrian who was walking on the sidewalk? Could you be charged under the HTA as you were leaving a roadway to a private property? Instead of like on this case leaving a private property onto a roadway. Thanks in…
Hello Folks,
I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
Hey Guys,
I'm not sure if this is the correct section to post this... I'm a tractor trailer truck driver, and although i didn't get a ticket, Last week, I was involved in a conversation with my boss and fleet manager about removing snow off the top of the rig.
I found this article online, which…
So today I got my first speeding ticket from going 80 km/h in a 50 zone, reduced to 70. I have been in an accident before so my insurance rate is already pretty high, yet I don't really handle my own insurance as I am the secondary driver on my family car. I'm also 20 and still have my G2, which…
I was pulled over after making a U-TURN. and being charged for 4 tickets "1. DRIVE MOTOR VEHICLE, NO PERMIT CONTRARY TO THE HIGHWAY TRAFFIC ACT SECTION 7(1)(A); 2. UNSAFE TURNING LANE CHN-FL TO SIGNAL CONTRARY TO THE HWY TRAFFIC ACT SECTION 142(1); 3. RED LIGHT TRAFFIC ACT SECTION 144(18); 4.FAIL…
Hi all,
I received a stunt driving ticket earlier in the year (171 km/h in a 100 km/h zone) and attended my summons earlier this week, where I received the disclosure.
I set a meeting for an early resolution for this Friday (March 16th, 2018). Would any of you be able to help me review my disclosure…
Hi there,
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
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by: Mahmo on
3 Replies
Prospects of Resolution with Prosecution regarding handheld device while driving?
Hi.
I was charged with having a handheld in my hand while driving. The fees are ridiculous (615 plus 280 for license reinstatement and the forthcoming insurance rates). I was wondering if prosecutors have shown mercy with the severity of the fines on these matters, or if I should not bother to ask. Anyone have experience of the prosecutors taking mercy on a young and struggling family, something other than a payment plan for the same amount of money?
Re: Prospects of Resolution with Prosecution regarding handheld device while driving?
Prosecutors can no longer lower the fine, the points nor the suspension period on that charge. The set fine on Drive Handheld is already at the minimum and the Ontario Court of Appeal has decided that the minimum penalty is the base (re: the Henry of Pelham decision). Of course, if you choose to go to trial, then the fine may also go up (but that's rare on a first offence). So, don't waste your time with an Early Resolution meeting. If you just need time to pay, you can set it down for trial and then plead guilty on your trial date and ask for time to pay then. That way, you get a few extra months till your trial day and then whatever additional time the JP gives you on your trial date.
Re: Prospects of Resolution with Prosecution regarding handheld device while driving?
Hello.
Thanks for your post, but I'm confused. As I read it, Henry of Pelham only limits s.59(2) of the POA as it applies to individuals - it affirms a high burden, apparently. But I don't see any basis to think that the decision eradicates the prospects lowering the fine. Of course, I could be wrong.
Re: Prospects of Resolution with Prosecution regarding handheld device while driving?
Unfortunately, you are limiting the decision's actual practical effect. You see, in practice, all offers must go before the court for acceptance. You can't just go to the counter and pay the lower amount offered by the prosecution after a resolution meeting. So, given the Henry of Pelham decision, the JP's hands are restricted in accepting any penalty that is lower than the minimum, even if both sides agree on such. So, prosecutors will not waste the court's time with offering penalties below the minimum. The defendant can still make a s. 59(2) POA application for relief on the minimum penalty but that's the exception now in success (especially given the remarks of the court), unlike in previous years when joint-position offers were proposed by the parties and JPs felt they could rely on discretion.
