Shakess

need help or info e-mail otten@rogers.com

What should I do if I'm stopped by the Police?

Here are some tips on what to do and what not to do:

Stay in your car for safety's sake. The officer will come to you.
Avoid being confrontational with the officer. Don't argue your case on the roadside. You can choose to have a trial in court if you want.
At night, turn on your interior light.
Turn down your radio so you can hear the Police Officer and they can hear you.
If requested, produce your drivers license, ownership information and valid insurance card. Ontario law requires that you produce these items when requested.

Got a Ticket?
Offence Notice
You must choose one of the following three options within 15 days of receiving an Offence Notice. If you fail to exercise any of the three choices within the 15 day period, or if you do not appear for trial, you may be deemed as not disputing the charge and a Justice may enter a conviction in your absence.

OPTION 1 – Plea of Guilty
Payment out of court:
I plead guilty and payment of the 'total payable' is enclosed.
Instructions for payment can be found on the 'payment notice' section on the rear of the offence notice. Most tickets can be paid online or pay at the court house.

Note: You cannot make payment directly to a Police Officer or at a Police Station

OPTION 2 – Plead Guilty with an Explanation
Attend the court office within the times and days shown. You must bring your Offence Notice with you.

For your convenience and to save time, you may call the court office in advance for an appointment with the Prosecutor;

OPTION 3 – Trial Option – Do Not Mail

You or your Agent must attend the court office in person within the times and days shown on your copy of the Offence Notice to file a notice of intention to appear in court.
You or your Agent must bring your Offence Notice with you. (get the ticket stamped)
You cannot set a trial date by mail.
Remember, you must choose one of the 3 options above within 15 days of receiving your Offence Notice

Summons to Defendant
A summons to defendant is an official court document that requires a person to attend court. There is no fine that can be paid lieu of attending court. You, or your Agent, or your Counsel, must appear on the date and time and at the place indicated on the face of the summons.

If you or your Agent or Counsel do not appear;

The court may issue a warrant for your arrest or;
The trial may proceed and the evidence may be taken in your absence.
If you, or your Agent, or your Counsel appear;

The trial may proceed or;
You or your Agent, or your Counsel, or the Prosecutor, may ask the court to adjourn your case to another date. The court may grant or refuse such a request.


Driving Offences

There are many different types of driving offences. Driving offences are dealt with by the Ontario Court of Justice, Criminal Court or the Ontario Court of Justice, Provincial Offences Court, depending on the type of offence.

The Part I offence notice, sometimes referred to as a "ticket", is to be used in cases where the relevant statute limits the maximum penalty to a fine not exceeding $500.00 and a jail sentence cannot be imposed.

The Part I offence noticed is designed to be used for contraventions all the Provincial
Statutes including:

The Highway Traffic Act,
The Liquor License Act,
Trespass to Property Act etc.
The Part III summons is designed to be used in all cases where the relevant statute provides for maximum penalty in excess of $500.00 fine and permits a jail sentence to be imposed. Part III offence notice matters are usually dealt with by the Provincial Offences Court.

Some of the Driving Offences that would be dealt with by the Ontario Court of Justice, Criminal Court are:

Drive while disqualified, (Criminal)
Impaired Operation of a motor Vehicle
Impaired Care and Control of a Motor vehicle
Refusing to Provide a Breath Sample
Fines and/or jail sentences will vary depending on each individual case.







Point System

7 Points
Failing to remain at the scene of a collision, Failing to stop when signaled/requested by a police officer
6 Points
Careless Driving, Racing,
Exceeding the speed limit by 50 km/h or more, Failing to stop for a school bus
5 Points
Driver of a bus failing to stop at an unprotected railway crossing
4 Points
Exceeding the speed limit by 30 to 49 km/h, Following too closely
3 Points
Exceeding the speed limit by 16 to 29 km/h; Driving through, around or under a railway crossing barrier;
Failing to yield the right-of-way; Failing to obey a stop sign, traffic light or railway crossing signal;
Failing to obey the directions of a police officer; Driving the wrong way on a divided road;
Failing to report a collision to a police officer; Improper driving when road is divided into lanes;
Crowding the driver's seat; Going the wrong way on a one-way road ;
Driving or operating a vehicle on a closed road; Crossing a divided road where no proper crossing is provided;
Failing to slow and carefully pass a stopped emergency vehicle; Failing to move, where possible, into another lane when passing a stopped emergency vehicle;
Improper passing
2 Points
Improper opening of a vehicle door; Prohibited turns;
Towing people—on toboggans, bicycles, skis, etc. ; Failing to obey signs;
Failing to stop at a pedestrian crossing; Failing to share the road;
Improper right turn; Improper left turn;
Failing to signal; Unnecessary slow driving;
Reversing on a divided high-speed road; Driver failing to wear a seat belt; Driver failing to ensure that a passenger less than 23 kg is properly secured; Driver failing to ensure that a passenger under 16 years is wearing a seat belt; Failing to lower headlamp beams; Backing on a highway.


When looking for an agent simply do your research because you get what you pay for.


With files from the MTO and Peelpolice.on.ca

ljr

One of the biggest problems when getting moving violations is that the driver admits his/her guilt without knowing it.

Some time ago, I came across the following link:

http://www.magma.ca/~fyst/

A very interesting read - hope other's can find it useful.

(I haven't had a ticket in over 10 years, but similar techniques did help in my younger and seemingly less responsible days).

Shakess

that's a great link

drive safe and keep your non ticket streak alive

cheers

Shakess

bump............