Posted on: 13-10-04 12:54:52
Quote:
Orginally posted by Manasvi
What happens if the camera pics show that you have crossed the white line but braked before the intersection .
Manasvi
??
When you cross the white line, you enter the intersection!.......
I a have a date coming up on 20 oct in the court what is the process inside any inputs highly appreciated.
The transport minister has clearly said that this is an isolated case where the court has given that ruling. He will work towards changing the law but meanwhile drivers should not assume that the court ruling will make it a law and so each and every ticket will be thrown out. As he put it simply, each ticket will be an individual case, and will be looked at individually. So while the ministry has the muscle to fight each case, does each ticket holder have the time/money and desire to fight the case? - specially since it is only a dollar fine and no de-merit points?
Chandresh
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Chandresh
Advice is free – lessons I charge for!!
Quote:
Orginally posted by Mohanjeet
I a have a date coming up on 20 oct in the court what is the process inside any inputs highly appreciated.
This is about as complete a website you'll find for fighting tickets.
http://www.magma.ca/~fyst/index.htm#toc
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Are you there?
In reply to Mohanjeet
All that you have to do is go to court at the set time and talk to the prosecutor. They will either withdraw the charge in the light of the ruling by the Ontario Court of Appeal or you go before the Justice of the Peace and tell him that the evidence of the prosecution is inadmissible in the light of the decision by the Ontario Court of Appeal. There can be no adverse consequences of doing that, you are just a citizen exercising your right to be given a hearing.
Its upto the Justice of the Peace to take a decision on the matter.
In reply to Chandresh
The Ontario Court of Appeal has ruled against the admissibility of the evidence. What the Hon Transportation Minister says is of no consequence in law, until the Provincial parliament brings an amendment to the law.
As regards the demerit points, while there may not be demerit points, having 2 traffic tickets (even if they are minor) within a period of 3 years can lead to a significant rise in premiums. Therefore it is always advisable to contest such tickets, you never know, it may be withdrawn or the Justice of the Peace may throw it out and will save you a packet in the long run.
You are correct crenshaw - the transport minister cannot do anything till he is able to get the law amended. All I am saying is that he seemed determined (in the small part of his speech that was quoted when I was driving last evening) to get it amended, and he admitted that each case will have its own judgement - so he is hoping that not everyone will fight the case - and a previous judgement can be overruled by some other judge - you never know how lawyers can change the meaning of a sentence.
About demerit points - such traffic ticket will not (as I understand it - correct me if I am wrong) affect insurance premium - because the ticket is in car owner's name while insurance is directly concerned with the driver. For example - if I was driving your car and got two such tickets - the ticket would be addressed to you, not me, and YOU NEED NOT PROVIDE THE NAME OF THE DRIVER when you are paying the fine (unless you are contesting it).
Chandresh
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Chandresh
Advice is free – lessons I charge for!!
Hey Chandresh
Actually you have a point in regards to the ticket being in the name of the car owner rather than the driver. However, insurance companies require disclosure from an individual as regards the number of tickets that he / she has had during the past couple of years - I imagine that is as a driver and therefore he may be obligated to disclose it if he was the driver at the time the ticket was issued..
I guess there would be a similar issue once photo radar is brought into use for speeding tickets.
I don't know either whether such a ticket received by a driver would have to be disclosed to the insurer............if I'm not mistaken, there is an auto insurance broker who does log onto this site, maybe he may be able to help out with this info...
