Search found 121 matches

by Whenaxis
Thu Mar 29, 2018 10:49 am
Forum: Stunt Driving
Topic: Reviewing Disclosure for Stunt Driving Ticket
Replies: 11
Views: 7996

Re: Reviewing Disclosure for Stunt Driving Ticket

Courts (generally) look more favourably upon people who submit a guilty plea. This saves time and resources for a full trial. There are countless examples in case law (both for criminal and provincial offences) where a lesser penalty is given for a guilty plea. As I mentioned in my previous post, there is a fine of $2,000 to $10,000 for stunt driving. The justice of the peace (JP) is required by law to give you a fine (or imprisonment - this is extremely unlikely though unless there is injury/death). The lowest fine you can hope for is $2,000 (unless you can show exceptional financial circumst...
by Whenaxis
Tue Mar 20, 2018 10:01 pm
Forum: General Talk
Topic: Need advice I'm from Moncton new Brunswick
Replies: 4
Views: 1956

Re: Need advice I'm from Moncton new Brunswick

In some jurisdictions in Ontario, civilians can make complaints about driving offences to police. If the vehicle and plate information match, then some police departments will send a warning letter to the vehicle owner, which has no real legal consequences.

This may also be the case in your area.

Here's an example:
https://www.ottawapolice.ca/en/safety-a ... Letter.asp
by Whenaxis
Mon Mar 19, 2018 10:42 am
Forum: General Talk
Topic: Illegally parked car hit from the back in underground parking - whose fault is it?
Replies: 3
Views: 4637

Re: Illegally parked car hit from the back in underground parking - whose fault is it?

In this case, I can see one of two options as to how the Fault Determination Rules will apply. Rule 17(2) does not apply in these circumstances because it requires Automobile "A" (your car) to be BOTH illegally parked AND outside a populated area - If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident. Then either: (1) Rule 17(1) will apply because Au...
by Whenaxis
Fri Mar 16, 2018 9:12 am
Forum: Stunt Driving
Topic: Reviewing Disclosure for Stunt Driving Ticket
Replies: 11
Views: 7996

Re: Reviewing Disclosure for Stunt Driving Ticket

The officer will testify that you were traveling at 171km/h and that he tested the device based on the manufacturer's guidelines. That is enough to convict you of stunt driving, unless you're able to disprove his evidence. At early resolution, if the prosecutor doesn't offer you a deal, you can simply ask for 49km/h and say that you will plead guilty to that charge. The prosecutor may or may not accept your request. If the prosecutor does not accept the request, it would be a good idea to get legal representation for trial (lawyer or paralegal). The consequences for stunt driving are significa...
by Whenaxis
Tue Feb 06, 2018 8:39 am
Forum: Courts and Procedure
Topic: When does Dashcam Footage enter court?
Replies: 2
Views: 3415

Re: When does Dashcam Footage enter court?

The prosecution will call the officer to the stand to testify. After he is done testifying, the prosecution will introduce the video evidence similar to the process for allowing the officer to use his notes. The prosecutor will ask if they took the video, explain what is happening in the video, etc. In cross-examination, you can refer to the video evidence if the prosecution has brought it up. Otherwise, you can bring it up once the prosecution has closed its case; once it is your turn to make a defence, you will say that you would like to use the video evidence provided in disclosure as part ...
by Whenaxis
Tue Jan 30, 2018 10:26 pm
Forum: General Talk
Topic: Pedestrian Disobey Red Light
Replies: 7
Views: 3759

Re: Pedestrian Disobey Red Light

If a peace officer sees you committing a non-driving HTA offence (i.e. bicycle, pedestrian, passenger), you are required to identify yourself by providing your name and address. There is no requirement that you must provide a form of government issued ID, but you can be arrested if you refuse to provide your name and address. You can also be charged with obstructing justice or obstructing the police if you provide false information. If you are stopped while driving, you are required to provide your driver's license, car registration and insurance upon request, otherwise you can be charged for ...
by Whenaxis
Tue Jan 30, 2018 9:07 am
Forum: Driving While Suspended
Topic: Accident while suspended
Replies: 2
Views: 3240

Re: Accident while suspended

Can you clarify what you have been charged with on your summons? - exact wording and section
by Whenaxis
Mon Jan 29, 2018 9:14 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 91 km/h in a posted 50 zone
Replies: 5
Views: 6423

Re: 91 km/h in a posted 50 zone

While that is a possibility, the prosecutor can only amend the charge up if you choose to plead not guilty and proceed with a full trial. The officer will need to testify as to the actual speed. But if the prosecutor is unwilling to offer a plea deal, you can still plead guilty to the reduced charge of 91 in 50 and avoid a full trial, and you don't risk the prosecutor amending the charge up. The prosecutor will not so much look at your driving record -- the only time that it might be considered is if you have a lot of previous convictions, then they won't be willing to offer a deal or they mig...
by Whenaxis
Mon Jan 29, 2018 9:00 pm
Forum: General Talk
Topic: Pedestrian Disobey Red Light
Replies: 7
Views: 3759

Re: Pedestrian Disobey Red Light

I was always under the impression that if the driver's license is on the ticket, then upon conviction, it is an automatic process where the conviction is registered on the driving record associated with your driver's license. Even if this ends being up the case, there is no demerit points associated with this offence and I don't think it will affect insurance at all even if it appears on your record. Obviously parking tickets and red light camera tickets don't affect your driving record because there is no way to attribute it to a particular driver's license. But, I have heard of instances whe...
by Whenaxis
Mon Jan 29, 2018 1:44 pm
Forum: General Talk
Topic: Pedestrian Disobey Red Light
Replies: 7
Views: 3759

Re: Pedestrian Disobey Red Light

Did you provide your driver's license for ID, and does your driver's license information appear on the ticket?
by Whenaxis
Mon Jan 29, 2018 1:32 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 91 km/h in a posted 50 zone
Replies: 5
Views: 6423

Re: 91 km/h in a posted 50 zone

You also have the option of going to trial (Option 3) and request disclosure to see the evidence. After reviewing the evidence, if you don't think you can win it, you can speak with the prosecutor before the trial to get a plea deal. A possible offer could be 15km/h over the speed limit (0 demerit points, reduced fine). If there's no deal, you can always plead guilty on the day of your trial and make submissions (i.e. ask for more time to pay). The justice of the peace is not usually able to reduce the fine amount because it is fixed by law in s. 128(14) of the Highway Traffic Act. Generally, ...
by Whenaxis
Tue Jan 23, 2018 8:02 pm
Forum: Hand-held devices
Topic: earbuds and phone
Replies: 2
Views: 2543

Re: earbuds and phone

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18. The only exceptions are: hands-free mode (s. 78.1(3)) contacting emergency services (s. 78.1(5)) off the road or parked AND not in motion AND not impeding traffic (s. 78.1(6)) pressing a button to make, answer or end a phone call or two-way radio transmission if the device is placed secur...
by Whenaxis
Tue Jan 23, 2018 7:35 pm
Forum: Improper passing
Topic: Passing the streetcar
Replies: 3
Views: 7649

Re: Passing the streetcar

If the woman reports it to the police, they will send you a letter and that's about it. The letter serves as a "warning" and there are no legal consequences.
by Whenaxis
Mon Jan 22, 2018 2:16 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: What to include when filing a form 4F - a question
Replies: 1
Views: 2204

Re: What to include when filing a form 4F - a question

You will likely not be successful in seeking a stay. The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do) that unreasonable delay is 18 months in provincial trial courts. If it has been less than 18 months between the offence date and the trial date, the burden is on you to show that the delay is unreasonable. You must show that you took "meaningful steps that demonstrate a sustained effort to expedite the proceedings" and "the case took markedly longer than it reasonably should have." "Absent these two factors, ...

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