In April, 2018, i got pulled over by an officer on 403, because I entered the HOV lane over the solid lines. My wife was also in the car. I got fined $110 for incorrect use of HOV lane 154 1(3). I paid the fine the next day, not knowing that we can contest it in Canada ( I am from Dubai and there is no way to contest fines there and also, it gets erased every year). Only later did I realize that it comes with 3 demerit points and how nasty it is to have the demerit points. I have gone to the higher court for an appeal. They have given me a date for the end of the month and a meeting with a prosecutor half an hour before the appeal. Please advise what is the best course of action I can do to avoid the demerit points.
In April, 2018, i got pulled over by an officer on 403, because I entered the HOV lane over the solid lines. My wife was also in the car. I got fined $110 for incorrect use of HOV lane 154 1(3). I paid the fine the next day, not knowing that we can contest it in Canada ( I am from Dubai and there is no way to contest fines there and also, it gets erased every year).
Only later did I realize that it comes with 3 demerit points and how nasty it is to have the demerit points.
I have gone to the higher court for an appeal. They have given me a date for the end of the month and a meeting with a prosecutor half an hour before the appeal.
Please advise what is the best course of action I can do to avoid the demerit points.
There are three ways to avoid the demerit points: be acquitted at trial (not likely to happen), have the prosecutor withdraw the charge (not likely to happen) or plead guilty to a related offence that does not carry demerit points. While the prosecutor and JP can reduce a fine, no one can affect demerit points; they are applied by the Ministry of Transportation on conviction. That said, demerit points aren't as "evil" as many people think. They have no effect on insurance unless one accumulates enough points to have his or her licence suspended. All that affects insurance is the severity of a conviction (minor, major or criminal) and the number of convictions. This offence would be considered minor for insurance purposes. Unless the prosecutor is sympathetic and you're able to convince him or her that you misunderstood the process (you're an immigrant to Canada who's not familiar with our justice system, etc.), your appeal won't be successful. An appeal can only be successful if the JP made an error in law or erred in interpreting or applying evidence. The route that is more likely to work is reopening your case, but I don't know if that's an option after a guilty plea.
There are three ways to avoid the demerit points: be acquitted at trial (not likely to happen), have the prosecutor withdraw the charge (not likely to happen) or plead guilty to a related offence that does not carry demerit points. While the prosecutor and JP can reduce a fine, no one can affect demerit points; they are applied by the Ministry of Transportation on conviction.
That said, demerit points aren't as "evil" as many people think. They have no effect on insurance unless one accumulates enough points to have his or her licence suspended. All that affects insurance is the severity of a conviction (minor, major or criminal) and the number of convictions. This offence would be considered minor for insurance purposes.
Unless the prosecutor is sympathetic and you're able to convince him or her that you misunderstood the process (you're an immigrant to Canada who's not familiar with our justice system, etc.), your appeal won't be successful. An appeal can only be successful if the JP made an error in law or erred in interpreting or applying evidence. The route that is more likely to work is reopening your case, but I don't know if that's an option after a guilty plea.
A friend of mine was charged a while back for Careless, just becuz he rear ended a driver who didn't have the right of way, and came right in front of my friends car, basically cutting him off and making him rear end him.
Okay, this is a bit of a long story, but I'll try to keep it short, and if you can give me some help.. that would be great.
Last summer, I was enjoying a bike ride, and got puled over. Cop was nice, and THANKED ME for pulling over. I was not excessively speeding, or recklessly driving, but after…
I got convicted of 49km over as a g2 driver. This merits 4 points. I was under the impression from my paralegal that I would get a 30 day suspension. I don't know if I have to surrender my license.
I just bought a car on February 3rd, and was pulled over yesterday the 4th.
The reason I was pulled over was that the license plate light was out, however I stupidly put my old plates which I registered to my old car on this one. I know it was a BAD Idea.
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…
As the subject states I got a ticket driving my friends car with expired sticker. I want to take it to trial because if I just plead guilty and pay it, it will go on record and insurance may use it to raise my premiums in the future. So I was wondering, given the fact that it wasn't my…
So I got pulled over an hour ago for "Accelerating too quickly". The cop said I was revving it all the way...but I only revved up to 4000 when I accelerated. I was not speeding or anything. Anyways, the cop checks out my liscence and registration...I had two papers for my insurance because I forgot…
I broke the law in early february and dont have my court date until early september. I asked for the disclosure hoping they do not send it to me and I can adjourn to have this court date pushed down the road (As per other peoples stories on here)
How long is too long? I want to keep kicking this…
I'm new in this and this is my first ticket, but browsing on internet I found this site so this is my question:
I got charged with driving 55km/h in 50km/h zone, but on the ticket there are few mistakes, which from what I read on the forums are fatal. First the ticket is not signed by…