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Witness refers to a non-police witness, street name alone is fine, 8 cars back is more than close enough to observe the offence, but

It would appear the charge is worded wrong.

Thanks for the detailed conclusion to the tale. We often don't know outcomes.

Personally I think $325 is a crazy fine for this. Should you do it ? No. But $325 ???? That would make me not write the ticket whereas if it was $50 then I'd be more likely to.

Glad you had a clerk that was on the ball.

In the definitions section it says:

""crosswalk" means,

(a) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or

(b) any portion of a roadway at an intersection ...

I would suggest that the fault still lies with you. Despite incorrect signage you are still responsible for observing the road in front of you and driving accordingly. Certainly that would be true for the HTA.

In regards to a civil action, blame can be split so the construction company could be found to have contributed to the collision

Except in Quebec where that woman stopped for ducks and got sent to jail when a motorcyclist ploughed into the back of her......But I digress !

The sign said that the right lane ended and you drove into it ?

A second speeding ticket would cause an increase but nothing like a stunt charge.

This is a huge impact on your life. What happens in court is secondary to the ramifications down the road. Your insurance company may refuse to insure you and, if they do, you will be paying astronomic premiums.

If found guilty in court you can, under the law, go to jail but this is incredibly unlikely unless there are all sorts of other ...

Did you get charged with speeding and stunt driving ?

I think that's wrong. Just as you can't contact the police for disclosure as opposed to the crown's office, so they shouldn't be sending you there. The defence-prosecution relationship belongs with the crown, not the police. Unless someone has case law that says otherwise I don't think this is right.

Prosecutors don't quash tickets but they can withdraw them. Same effect, different name.

Now it's clear. Yes I would think that the JP will quash the ticket.

If you were unable to stop in safety then you can continue through. if you are physically able to stop in safety then you are required to do so. You will need to be able to demonstrate that you had no other option but to continue through.

....and tell them that will be subpoena'd for court.

I thought you said the ticket was for speeding. The disclosure was about the permit. If you plan to challenge the fact that you weren't speeding then you would have to go to court and defend yourself. Bottom line is you are charged with an offence with a correct ticket for that charge; you now have the opportunity to defend yourself against that ...

Interesting. The officer may have pre-filled in tickets before setting up. I don't see that it is a fatal error as there is a charge listed on the ticket presumably with the correct fine amount etc. What you have is a disclosure that doesn't match the charge and so you could argue that you can't prepare a defence to the charge as issued. This is ...

It does say the centre of the roadway as opposed to the centre of the available roadway. I see your point and 99 times out of 100 you'd just slow down, pass the other driver and that would be the end of it but you managed to find the one who wanted to yell at you.

But in a collision situation I would say that you'd be in the wrong.

If you gave him a proper registration document then this charge is wrong.

Yes I am sure about that. If there was no enforcement people would drive faster.

sorry can you clarify.

the officer wrote in his report
that my phone was on my lap, and hands on phone

when he pulled me over

i asked me the reason for your stop?

he said, i saw you using your phone, touching the phone, holding the phone.

he drove past me, for a mere 3 seconds he made 4 judgments (touching, holding, using, and phone being ...

You are making the common error of trying to cut down one tree and thereby destroy the forest.

His notes are clear to me. He saw you with the phone in your hand and your hands were in your lap.

When I make a call, I am touching the phone and I am using the phone and I am holding the phone. This is what he is alleging he saw you doing.

Right now ...

He says touching, holding AND using so your question regarding which one is it is incorrect. He is claiming it's all of them.

1> Is this normal/consistent with a stop of this nature?
2> Why would an LEO suggest this
3> Suppose my wife didn't come back and just came home/went to work
4> Could this be used in any way as a fatal error.flaw

1. No
2. trying to be nice so as to get your kid to school on time ?
3. They would have had the plate. Did they take the licence or at ...

Sounds like the appeal is just on the re-opening decision.

See Section 11 regarding re-opening. It has a very small window of opportunity.

https://www.ontario.ca/laws/statute/90p33#BK19

Section 116 is Appeals

1. Yes
2. There is a chance that a crown in a good mood could reduce it to fail to provide licence. Not a good chance, but a chance.

I have purchased a 'RockyMounts Backstage', from Rack Attack in Mississauga. It is a hitch mounted, bike rack; and am trying to be proactive before taking it on the road.

I believe my SUV's lights are visible through the two mounted bikes; but the license is definately not. Adding additional trailer lights would be easy, to ensure the lighting ...

1. Yes a ticket can be cancelled and a new one issued.
2. Not necessarily but it will be something you can address in court.
3. If you are subpoena'd, you are required to attend or the court case issue a warrant for your arrest.

127 in a 40 (and presumably close to a school if there were students there being shown the equipment) is a very serious ...

I would be quite surprised to see your rates go up for one 10 over ticket. And if they did it wouldn't/shouldn't be much.

Don't worry about the demerit points. They mean nothing to your insurance company and only come into effect for suspension purposes if you get a whack of tickets.

If you want to delay the conviction then ask for a trial ...

I would be very reluctant to allow an insurance company to monitor my driving.

I was running a fleet of minibuses for a school and was looking for a telematics option. I trialled one company who sent me a device that plugged into the OCB port in the vehicle. I took the bus for a short drive to town and came back to find that I had well over 20 ...