Topic: Steering You Right: Compassion in the Court

[Autos_Editor]

Under certain circumstances, judges can show compassion for drivers who were clearly in the wrong.

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[Soram6275]

What "jurisdiction" are you talking about?

[ArticSteve]

What "jurisdiction" are you talking about?

Fantasy land.

In ONTARIO anyone that gets convicted of a Highway Traffic Act offense in Province Court can appeal to the Superior Court of Justice requesting a HEARING for the purposes of the appeal.  One needs to have some reasonable grounds.  Then if one gets thru that hurdle you need to show up in Superior Court and argue those grounds against an assistant Crown prosecutor in front of a judge who is probably putting 10 ppl in jail that day and has heard every sob story known to mankind!  Then if you manage to make it thru that hearing your ticket goes right back to Provincial Court where you'll probably get convicted again particularly on a stop sign violation if only you and the cop are the witnesses.

Now this is were this "story" falls apart.  3 stop sign violations would mean 3 separate written appeals, 3 separate appeal hearings, most likely in front of 3 different judges.

The "story" further falls apart because in Ontario 9 demerit points (3 x 3 stop sign violations) is only interview time.  All you gotta do is show up sober and show remorse. 



 

[robsaw]

Now this is were this "story" falls apart.  3 stop sign violations would mean 3 separate written appeals, 3 separate appeal hearings, most likely in front of 3 different judges.
 

There wasn't an appeal.  There was an "application" to the court with regard to the default judgement.  The actual cases with respect to the 3 violations weren't even considered.

[SapphireSeo]

I didn't know things like this could happen, and I'm sincerely glad that there is a larger human factor in our justice system than I'd thought. Moreover, I'm happy to hear a story were the justice isn't punishment.

[Soram6275]

@arcticsteve

Thanks.  You seem very knowledgeable.  Are you in the legal field?  Charness is always so vague...if he can't mention where this happened, at least what province then I don't believe this either - fantasy land like you've said.  I read these articles for entertainment purposes only.  They make me laugh.

[dirtyjeffer]

The "story" further falls apart because in Ontario 9 demerit points (3 x 3 stop sign violations) is only interview time.  All you gotta do is show up sober and show remorse. 

that may be the case for "experienced drivers", but might not be for new drivers...when i was a new driver (albeit almost 25 years ago), 6 points was a loss of licence.

[ArticSteve]

There wasn't an appeal.  There was an "application" to the court with regard to the default judgment.  The actual cases with respect to the 3 violations weren't even considered

Why did you make me read all that again    

This was an APPLICATION for an APPEAL HEARING presumably in The Ontario Court of Justice. I NEVER implied that they were "trying" the actual stop sign cases again.  That's all secondary to this APPEAL hearing.

Here is how it works:

1.  you screw up like this lady did and ignore a moving violation ticket.
2.  you get convicted in Province court.
3.  you get an invoice in the mail (pay up or face suspension).
4.  you decide that you've been wronged in some way so you make APPLICATION to the Superior Court of Justice for an APPEAL HEARING.
5.  the Superior Court of Justice either says YES or NO based on your written arguments.
6.  if the Superior Court of Justice says NO, you are SOL.
7.  if the Superior Court YES then you receive a court date for an APPEAL HEARING at the Superior Court of Justice.
8.  you attend the hearing and you have something like 30 seconds to state your case beyond what you have already submitted in writing.
9.  then an assistant Crown attorney speaks to the case telling the Judge that the merits of the appeal are rubbish.
10. the Judge then decides; yes or no.
11.  If yes, the conviction is vacated and it gets sent back to Provincial Court to be heard again.

So in this "story", this "lady" would have had to enter into this process 3 separate times and not just once as is implied.  They don't "bundle" these appeals. Besides you'd never get away with 3 appeals in a row for virtually 3 identical violations and convictions.  It's ridiculous.

[ArticSteve]

that may be the case for "experienced drivers", but might not be for new drivers...when i was a new driver (albeit almost 25 years ago), 6 points was a loss of licence.

•At six points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended.

 http://www.mto.gov.on.ca/english/dandv/driver/demerit.shtml



Gee Dirty, perhaps the author could have been more SPECIFIC!!!! just this once. 

Other than ..
 was condemned to pay three fines and several demerit points. These points would be enough for her to lose her driving privileges.

In the real world, if this woman truly did exist, she should not be driving.  She's a danger.  Think about it    3 stop signs in 3 weeks. 

[tpl]

3/4 of the driving population of Toronto don't stop at ANY stop signs let alone a mere 3 in 3 weeks.  But they usually slow down which ought to be close enough for government work.