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Traffic Ticket -Traffic Ticket Defense
' z/ z6 d7 N7 t$ pTraffic Ticket? fight your traffic ticket by calling 1-888-995-8995. # _% H9 t4 `0 g* T

- P8 D; |* Q5 P$ x8 i& \A traffic ticket can have a dramatic effect on your driver's licence, your right to drive and your insurance rates.  As a traffic ticket can have serious consequences it's important to understand all of the facts about your ticket before deciding what to do about it.% B# B* i! p& |% L# G3 @; I

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Careless Driving Ticket
  • Red Light Traffic Ticket Violations
  • Stop Sign Tickets
  • Turning Violation Traffic Tickets
  • Speeding Tickets
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 楼主| 发表于 2011-10-15 17:35 | 显示全部楼层
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    Careless Driving Traffic Tickets

Careless Driving is one of the most serious traffic tickets under the Highway Traffic Act of Ontario, you have to fight this ticket. Even most police officers recommend that you seek legal assistance to fight a Careless Driving ticket.

Careless Driving has the following penalties;

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A fine of four hundred and ninety dollars ($490.00), up to one thousand ($1,000.00)

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Six (6) demerit points

3.
5 f* N2 ]3 K* ~  A. e; G! A30 day license suspension for G1 and G1 Drivers

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Determination of fault in accident cases

5.
( b' O% H" a2 T+ XOne hundred percent (100%) insurance increase for 3 to 6 years

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Commercial drivers with six (6) demerit points may suffer loss of employment

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Possible licence suspension up to six (6) months (serious cases only)

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Possible jail up to six (6) months (serious cases only)

Careless Driving Tickets - What the law says

     Everyone commits the offence of careless driving who drives a vehicle or streetcar on a highway without due care and attention, or without reasonable consideration for other persons using the highway, and on conviction for Careless Driving the driver is liable to a fine not less than four hundred ($400) dollars, and not more than two thousand ($2000) dollars, or to imprisonment for a term of not more than six months, or to both, and in addition his or her drivers licence may be suspended for a period of not more than two years.

Careless Driving - Fighting a Careless Driving Ticket


, o5 E) [- S2 U  Q" V) H, {# FBecause of the serious penalties involved with careless driving tickets, even if the incident or accident is minor in nature its important to be properly represented in traffic court. If you make a mistake or something goes wrong you could suffer the severe penalties for a charge of careless driving.

If found guilty of careless driving most insurance company will cancel or dramatically increase the insurance rates. Many employers of professional drivers will consider firing the employee due to the high insurance rates.

Having a professional from OTT Legal - Ontario Traffic Tickets ensures that you case is properly represented, and every legal argument is investigated to win your ticket. Although many times you can appear in traffic court and have the prosecutor reduce a careless driving ticket, you should always work to have your ticket dropped completely.

When you personally appear in traffic court many times you actually help the prosecutor and police prove the charge against you and you may miss many opportunities to win your case completely.

With any court case the prosecution has to prove the, who, what, when, where and how. When you appear unrepresented all the prosecutor has to do is have the witnesses point at you and they have proved the "who did it" of the court case.

In the Ontario Court system an accused person in traffic court is allowed to not personally appear, but to appear by agent, or have a paralegal appear for you. If the accused is not standing before the court, many times the identity can not be proved and the case is dismissed.

This is just one of the legal technicalities that 1-888-9958-995 uses to win careless driving tickets. We look at all the issues and legal technicalities and work to win your case for you.

Careless Driving - Careless Driving Examples/Scenarios
2 Z. r# S8 E- [ Careless Driving Example 1:

The driver came northbound stopped at the traffic signal and then believing that the way was clear made a left turn, part way through the turn a car coming southbound hit the side of the car pushing it into a pickup truck that was stopped at the lights." c+ h7 @7 \. O8 K9 ]  Q& @

+ k7 E" l& q/ E6 eThe police officer came to the scene spoke to all the drivers involved and made out an accident report. At the end the officer told the driver that they believed that he was "Driving without due care and attention" as described in the
definition of careless driving.# i1 T  U3 S  M% j8 Z( R, g

- {- ^3 Z) J- [0 b* @" ^; EThe officer charged the driver with the offence of Careless Driving.
The driver believing they had made a driving mistake, and was responsible for the accident paid the Careless Driving ticket. The driver had no other traffic tickets or accidents on her driving record.
' f# W9 _# T, Z% a  ZSubsequently two months later upon renewal, his insurance premium was raised to twelve thousand dollars ($12,000.00) per year due only to the Careless Driving charge.  n0 F8 G* M& L7 {. z( [5 g6 W
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The driver did not call for the free advice available at 1-888-9958-995
.

Careless Driving Example 2:

The driver was involved in a minor rear end type car accident. The police attended the scene and charged the driver with Careless Driving. The driver took responsibility for the accident and paid the Careless Driving ticket thinking that would be the end of the matter.
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6 w5 [9 [& g+ N$ Q0 DSubsequently the insurance company canceled the driver’s insurance due only to the Careless Driving conviction on their driving record.

Careless Driving Example 3: 8 S  o+ a( G" D& K
The driver was involved in a serious fatal crash. The driver survived the accident but was taken to the trauma unit at the hospital by emergency ambulance. The police attend at the scene then when to the hospital to speak to the surviving driver. 1 X& n! e6 s" j

5 S+ o# G5 m. _+ t" ?$ [The driver tried to cooperate with the police, but due to his injuries from the severe impact was unable to remember or recall what happened. The police called in a technical accident reconstructionist, who investigated the accident and deemed the injured driver at fault in the accident. The police subsequently charged him with Careless Driving. . q3 Z: s3 U& V; Q! W
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The driver came to 1-888-9958-995, explaining that he was very upset over the incident, and wished a independent review, so he could find out what happened, and looking representation for the charge. ; l; d5 ~1 X$ j

0 g) t3 v3 V; g3 e6 O+ h1 D, x) _1-888-9958-995 took the case, learned the facts and presented them to the accused, explaining what happened and his options at court.

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' j$ j/ r5 w* S4 |! I; DThe accused never gained back his memory of the incident, but based upon the investigation agreed to accept some responsibility in the accident. 1-888-9958-995 attended at the court, reviewed the case with the prosecutor and offered to make a compromise and resolve the charge.

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The prosecutor refused to accept any compromise and pushed the case to trial. 1-888-9958-995 0 \9 I0 D2 F- }! H) m0 I
when to trial for the accused, represented the accused at court and won the case, Case Dismissed.

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 楼主| 发表于 2011-10-15 17:36 | 显示全部楼层
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    Red Light Traffic Tickets - Fighting a Red Light Ticket

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The fine for a Red Light traffic ticket or Amber light traffic ticket is not the only penalty for the ticket. A red light or amber light traffic ticket has four different penalties:

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Three demerit points

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A fine of three hundred and twenty five ($325.00) dollars

·
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A conviction registered on your driving record for three years

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Insurance increases

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Determination of fault in accident cases

Red Light Traffic Ticket - Highway Traffic Act 144,18
3 q) e0 U9 g2 s. p8 t, ZThe Highway Traffic Act of Ontario states:

"Every driver approaching a traffic control signal showing a circular red indication, or red light and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown."  Ontario Highway Traffic Act Section 144.18

Red Light Traffic Tickets - Insurance implications
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As well as the demerit points implications, any insurance company will consider a red light traffic ticket as a serious offence.  Insurance companies perceive that a conviction for disobeying a red traffic signal means:

"the driver is driving through intersections on a red traffic signals, the driver does not follow the rules of the road, and the likelihood of the driver being involved in an accident is higher".


- f! m, D( u4 A9 ZA conviction for a Red light/Amber light violation stays on a driving record for three years from the date of the offence and can dramatically affect insurance rates. If there is an accident involved the period can be up to six (6) years.2 v" x# f" F/ ]& R1 }
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Insurance companies base an insurance policy on "their risk" of having to pay out on a claim. If you pay the traffic ticket, plead guilty or are convicted of a red light traffic ticket, this can affect your insurance rates for years.
Fighting a Red Light Ticket

Red Light Traffic Tickets, as the wording for Disobeying a Red Light suggests, the driver of a vehicle must stop their vehicle before proceeding through a red traffic light.

Although the traffic ticket sounds simple there are many issues for a red light ticket in court, for example;

·
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where exactly was the driver required to stop? in the intersection, before the intersection, before the crosswalk, or before the stop line?

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where was the vehicle when the light turned red?

·
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were the traffic lights working properly?

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did the officer have a clear view of the intersection?

To fight a red light ticket your need to know the essential elements that the prosecution has to prove against the driver, and how to run a court trial, you risk being convicted of the ticket.

A red light traffic ticket is considered a serious traffic offence. In most cases the court will not listen to any explanation why the driver went through the red light, only did the driver go through the light and can the prosecutor and police officer prove the charge to the judge. * N4 |+ ]2 E: G* N6 P  E$ a! ^
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Any explanation the driver gives is not something that will get the charge dropped, an explanation is not a defense a traffic ticket. All the judge is allowed to do with an explaination is reduce the fine, but the conviction and demerit points will still be applied.

Going to Trial

At trial the police officer will have a government appointed prosecutor or lawyer to assist them as counsel.

Fighting a Disobey Red light ticket requires trial knowledge and technical experience regarding time and distance. For example,

If a vehicle is traveling at a speed of 50km/h, then a vehicle is traveling at 44 feet every second.
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/ u8 t2 E4 V2 b: \3 KIf the officer at trial says the vehicle was one car length behind the line when the light turned red, what the officer is really saying is that for .06 of a second or less the driver violated the traffic lights.

When a trial can involve technicalities of as little as .06 of a second you know it’s important to have an expert on your side.

Red Light Traffic Ticket - Red light Camera Ticket
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* i  a7 }% A6 w; d  l5 E1 lRed light camera tickets are traffic tickets issued as a result of a traffic camera being placed at an intersection to photograph vehicles who enter the intersection after the traffic signal has turned red.
. j/ T( O8 P& C7 e5 \Upon being photographed traveling through the intersection on a red traffic signal, the municipality will issue a notice to the owner of the vehicle.
1 u6 V# w3 ?& b' ZThe violation notice will have a picture of the vehicle showing the speed it was traveling, and that the traffic signal was red when the vehicle entered.
/ t' _8 u( w% aThe penalty for a Red light Camera Ticket:
  • a fine of three hundred and twenty five dollars ($325.00)
  • there is no loss of demerit points
  • the insurance company is not notified about the traffic ticket
  • there is no record kept of the traffic ticket on the drivers licence
  • the traffic ticket goes against the vehicle not the driver.
Disobey Amber Light Traffic Tickets9 X0 G- T/ [: K7 d
The Highway Traffic Act of Ontario section 144.15 states:

"Every driver approaching a traffic control signal showing a circular amber light and facing the light shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution."

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The penalties for disobeying a amber traffic light are the same as if you went through a red traffic light.
  • Three demerit points
  • A fine of one hundred and eighty dollars ($180.00)
  • A conviction registered on your driving record for three years
  • Insurance increases
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There are different issues to take into consideration for an amber light traffic ticket. At traffic court the defendant (driver) has to prove to the court that they "did not believe that they could stop safely before reaching the intersection, so they proceeded through the intersection with caution".
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As well as being assisting and guiding you through testifying at court, an experienced trial agent from OTT Legal will be able to properly cross-examine the Police Officer, and prepare and present any legal argument that may arise during the preparation of your court case.

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! O. u% J$ L& j! U, D: y- l" n    Stop Signs Tickets - Fighting Stop Sign Tickets
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2 o1 E* d  i+ g7 MThe fine attached to a stop sign ticket is not the only penalty for the offence. A stop sign ticket has four different penalties:
  • Three demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • Possible insurance increases
Stop Sign Tickets - Fighting the ticket
( n6 v  O7 s0 WLike any traffic ticket the Police and Prosecutor have to prove a stop sign ticket "beyond a reasonable doubt" to the Judge. Beyond a reasonable doubt means that the Justice of the Peace must be one hundred percent certain the driver committed the offence. "No doubt in their mind".. e- T/ y" |" W; b+ a$ a) S; C6 w
The police are required to prove all the essential elements of the charge described in section 136 of the Ontario Highway Traffic Act.
3 }+ `& i4 H( y5 d! ]; dAt trial the police officer will have a government appointed court prosecutor to assist them as counsel. It's equally important that you are well represented, or you risk being convicted and receiving the four penalties for a stop sign ticket.- `, B& b9 W% {/ U3 R2 A
The prosecutor is a trained professional who represents the municipality. Most Prosecutors are extremely fair individuals, however the prosecutor is not there to help you get your ticket dropped. It is the prosecutors job to convict you of the ticket." A' v& ]* ~& C2 L; _
Our job at 1-888-9958-995 is to disprove the officers evidence, put doubt in the judges mind, to defend you in court, and to win your case.
7 j8 [- Q9 O7 v1 K; |For most stop signs tickets in Ontario the court prosecutor will want to have a trial. If you do not know how to run a trial, make legal arguments, or have not appeared in traffic court before call OTT Legal to discuss how we can properly defend you in court and win your ticket. Stop Sign Tickets - Highway Traffic Act 136,1a
8 w, h# ~$ {& _& S+ k& x3 a6 m* rThe Highway Traffic Act of Ontario says, Every driver or street car operator approaching a stop sign at an intersection,
  • shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk;
  • or if none then immediately before entering the intersection;
  • and shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely, that to proceed would constitute an immediate hazard and,
  • having so yielded the right way, the driver may proceed.
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At traffic court, stop sign tickets in many jurisdictions are trial only matters, meaning that the prosecutor will not drop the charge or take your explanation into consideration, and the ticket will go to trial before a judge.) b% A. g* b9 d; e/ V
Stop Sign tickets have the following penalties,
  • three (3) demerit points
  • $110 dollar fine
  • Conviction goes on your insurance for 3 years
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2 X3 t2 V7 w3 j) d; t    Turning Traffic Tickets Prohibited Turn, Disobey Sign, Unsafe Turns # M8 w9 s) k- b# l' J& r  ^
and Lane Change Violations
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The fine attached to a turning violation, like most moving violations, is not the only penalty for a traffic ticket for a turning violation. Any turning traffic ticket has four different penalties.
  • Two or Three demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • Determination of fault where an accident has occurred
  • Possible insurance increases
Disobey Sign Traffic Ticket
! c2 v! O) v' z: LA disobey sign traffic ticket has the following penalties.
  • Two demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • Possible insurance increases
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A disobey sign ticket from the police means that a sign has been lawfully placed on the roadway indicating that some sort of movement is prohibited, e.g. do not enter, no turn, no turn between 7am and 9am.
0 m8 }4 l$ \' B7 {$ M' {6 ZJust because an “international sign” indicates something, does not mean that the sign is in fact enforceable. There is a clear set of guidelines in the “Ontario Regulations” that designate how signs are to be posted and what they can and cannot say that may be brought up in court during a trial.
1 M7 ?/ w$ }; {6 X/ ^) w2 u& o) B Prohibited Turn Traffic Ticket

A prohibited turn traffic ticket has the following penalties:

  • Two demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • Possible insurance increases

A disobey sign ticket from the police means that a sign has been lawfully placed on the roadway indicating that a turning movement is prohibited, e.g. no turn between 7am and 9am.

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If you pay a prohibited turn traffic ticket the conviction will go on your driving record for 3 years. ! x+ j% `4 x& O7 K% ?

  y4 i( Z$ D2 J4 m# mJust because an “international sign” indicates something, does not mean that the sign is in fact enforceable. There is a clear set of guidelines in the “Ontario Regulations” that designate how signs are to be posted and what they can and cannot say that can only be brought up in court during
& A' ^8 k9 F& z9 a: [, ?0 o Improper Turn Traffic Tickets

A prohibited turn traffic ticket has the following penalties:

  • Two or three demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • Possible insurance increases

An improper turn ticket from the police means that the police officer believes that the driver made an turn but did it in an improper way. Either the officer observed the driver make the turn where the officer considered it dangerous, improper, or where an accident has happened.! r  r8 a5 N, H  N# z+ Z
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If an accident has occurred, paying the traffic ticket means that you are accepting fault in the incident, and the insurance company will put two strikes against the driver, one for being "At Fault" in the accident, and secondly for receiving a traffic ticket.

Improper Lane Change Traffic Ticket

The penalty for a traffic ticket for an improper lane change:

  • Two or Three demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • determination of fault where an accident has occurred
  • Possible insurance increases

Usually an improper lane change ticket is a result of a traffic accident or a police officer has observed an improper or unsafe movement from the driver.3 Q* \: B# k$ y, m6 T" x
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If an accident has occurred, paying the traffic ticket means that you are accepting fault in the incident, and the insurance company will put two strikes against the driver, one for being "At Fault" in the accident, and secondly for receiving a traffic ticket.

Turn not in Safety Traffic Ticket

A traffic ticket for turn not in safety has the following penalties;

  • Two (2) demerit points
  • A fine of one hundred and ten dollars ($110.00)
  • A conviction registered on your driving record for three years
  • Determination of fault where an accident has occurred
  • Possible insurance increases

Traffic tickets are not registered with the Ministry of Transportation, or your insurance company until the ticket is either paid or a conviction has been registered by the court. Therefore, if you have applied for court date and are awaiting trial the Ministry of Transport and your insurance company is not made aware of the offence.

Usually an improper lane change ticket is a result of a traffic accident or a police officer has observed an improper or unsafe movement from the driver.
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If an accident has occurred, paying the traffic ticket means that you are accepting fault in the incident, and the insurance company will put two strikes against the driver, one for being "At Fault" in the accident, and secondly for receiving a traffic ticket.0 x1 j  y' ?+ |1 L9 [1 J) {
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1-888-9958-995 Services are experts at fighting Ontario Traffic Tickets, and traffic tickets involving motor vehicle accidents. We fight your traffic ticket not only on what happened, but on legal arguments and technicalities. If your case involves a traffic accident we will order the police report and review the case and prepare the case for trial.

Turning Traffic Tickets - Fighting your traffic ticket, _$ ~0 s4 e# X$ K& P; d6 @
When you receive a traffic ticket you have two choices, pay the ticket, accept the penalties and insurance implications or fight the ticket.2 m# V! |5 k+ f" f0 P
If you decide to fight the ticket the best way to win the case is to have an expert on your side. If you go to court unrepresented, you will see that the police officer has a fully trained prosecutor/lawyer at the court assisting them to convicting you of the ticket. 1 j1 i' Q' y% G  |
If you are not properly represented then you are at a disadvantage and may lose the opportunity to win your case on not only what happened but any legal technicalities, like 11b applications, and disclosure issues.
3 A! Q8 `" b1 l9 e1 \( y! Z# V0 qWhen your case comes to trial the police and prosecutor have to prove five things:
  • Who did the offence?
  • What did they do?
  • When did it happen?
  • Where did it happen?
  • How did it happen?
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Sometimes if you appear in court personally you can actually assist the prosecution by proving the who of the case. All the prosecutor has to do is either have the witnesses or police officer point at you and they have proved "Who did the offence". This is called the "identity evidence"  t+ _. B; N  h& y3 W, f
Did your case take to long to come to trial, has the prosecution provided the necessary disclosure to the defense for the trial, is the traffic ticket properly before the court?  Traffic tickets are won not just on did the offense occur, but legal technicalities.! T. j9 A3 a4 Q6 ], z6 H( Z: l
1-888-9958-995 Services are experts at fighting Ontario Traffic Tickets, and traffic tickets involving motor vehicle accidents. We fight your traffic ticket not only on what happened, but on legal arguments and technicalities. If your case involves a traffic accident we will order the police report and review the case and prepare the case for trial.
3 e0 u, {  f+ ]) a: w6 v% w) P Turning Violations - Fighting your traffic ticket

Call 1-888-9958-995 to discuss your driving ticket . 1-888-9958-995 has one of the highest success rates for fighting turn tickets in Ontario.

How to Fight Your Traffic Ticket

In any court case or trial the Police and Prosecutor have to prove the charge beyond a reasonable doubt to the Justice of the Peace before a conviction can be entered. The Justice of the Peace must be one hundred percent certain the motorist committed the offence.

The police are required to prove all the essential elements of the charge described in the Ontario Highway Traffic Act. If the prosecution is not able to prove the charge beyond a reasonable doubt the Justice of the Peace should dismiss the charge. As well the prosecution has to prove the who, what, when, where and how of the court case.

At trial the police officer will have a government appointed prosecutor to assist them as counsel. It is equally important that the defendant to be likewise well represented or they risk being convicted.

The prosecutor is a trained professional who represents the interests of the municipality, their job it is to get a conviction against the motorist. Most Prosecutors are extremely fair individuals however they are not in traffic court to help you. The prosecutor are the agent for the police and the city looking to register a conviction against the motorist.

A prosecutor will want to have a trial for most turning violations especially if there is an accident involved. If you do not know how to run a trial, make legal arguments, or have appeared in traffic court before you need the professional qualified assistance of 1-888-9958-995.

1-888-9958-995 in representing your case at trial not only looks at what happened and can the police officer prove the charge to the court, but we also look at the legal technicalities. We leave no stone unturned in fighting your ticket.

As most police officers are not equipped with an actual Ontario Highway Traffic Act. (They are actually issued a much smaller “wording booklet” which gives the officers only a brief “overview” of the offence, the section number, and the fine), one of the first things we do is ensure that the officer has laid the proper charge.

As many charges can sound similar to the officer in their wording book, the actual Highway Traffic Act has specific rules as to when and what charge can be made.

Sometimes there can be many different sections and subsections that refer to offences that sound very similar, but may have vastly different intentions. When your case is reviewed by a legal professional many times we can find a legal argument to win your case based upon the charge laid.

A common example of this is making an Improper Turn on a multi lane highway. It sounds straightforward. On the surface, it appears that somebody is alleged to have made an improper turn - usually wrong lane to wrong lane, on a highway that has multiple lanes of traffic.

The definition of “multi lane highway” is not just a highway with multiple lanes as described in the definition section of the Highway Traffic Act.

The charge refers to any highway that has more than one lane that is designated for turning. In other words, it is intended for a highway that has two or more dedicated left or right turn lanes and somebody makes a turn from another lane.

1-888-9958-995 Wins Traffic Tickets on Legal Technicalities

Quite often, a police officer sees someone do something wrong, then looks to their Police wording booklet to try to see what “fits the best”. What “sounds the best” may not be the appropriate charge.

Because each section turning charge has its own requirements that must be met at trial you risk being needlessly convicted of an offence by not having qualified representation from Ontario Traffic Tickets.

Traffic Accident Tickets -Careless Driving - Turns
& T( g$ m' ^: I3 }8 H: xTraffic tickets as a result of an accident have the following penalities:
  • The fine listed on the ticket
  • Any demerit points associated to the ticket
  • Any hidden penalities associated to the ticket e.g licence suspensions
  • A determination of fault in the accident
  • Insurance increases up to six years
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