Posts Tagged ‘law’

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Everything You Need To Know About Driving Bans

Saturday, July 24th, 2010
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Being banned from driving is in some cases a permanent ban, but in most cases, depending on the severity of the offence a disqualification can range from a one year duration to ten years off the road.

There is also a penalty called a Short Period Disqualification (SPD ) and this is where someone is banned from driving for less than 56 days, and their license is held by the court for this period, but not surrendered. This duration of ban is given as a penalty for the less severe offences, and you can begin driving again once it has expired without having to repeat your test.

In the cases of full licence disqualifications you can reapply for your licence after the period has expired. This must be done by filling in the correct forms available online or at a post office. You will be first provided with a provisional driving licence with which you can apply to re-take the theory, hazard perception and practical test.

Once your full license has been reinstated, the endorsements (points) which you were given will still remain, until a magistrate advises you otherwise, at which point you will appear in court to make a case for removal.

A court may allow a driver to only serve half their disqualification if they have undertaken drink driving rehabilitation courses or other steps to ensure safer driving once qualified. The court may also consider the effect of the ban on an individual’s family life or career.

If a ban more than 2 years has been given, then often you can apply to reinstate your licence after half the disqualification has elapsed. However if you have been found guilty of other offences, whether motoring or of a different nature, during your disqualification period then your application will be instantly dismissed.

For more information on a drink driving offence and other motoring offences, see oliver & Co’s site, where their driving offence lawyer keeps the site up to date with legal news.

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Beating A Speeding Ticket

Friday, July 23rd, 2010

The blue lights mean that you have been caught speeding. You chose to drive over the speed limit and now you have some additional choices to make. You can pay the ticket or you can go to court. In court you can hope for a dismissal or you can go before the judge and fight the speeding ticket. Here you will learn a bit more about your options in court; we hope that you will be able to choose the right scenario for you once you have read this article.

Many drivers choose to drive five or ten miles above the speed limit, trying to save a bit of precious time. These drivers feel like they are not truly speeding, when they are just barely exceeding the speed limit. Unfortunately, this too is speeding and can result in being issued a speeding ticket. A speeding ticket for this type of violation can be frustrating and expensive. If you choose to try to beat this type of speeding ticket, there are things you must do to make your case in court.

Keep an accurate record of the traffic stop, including the weather, time of day, the amount of traffic on the road. The officer will have recorded this data also. Although the judge will likely use the information supplied by the officer as the permanent record of the incident. It is important for you to mention any inaccuracies in the record, especially any mention of signs or changes in traffic patterns. You also may want to take photographs or video of the area.

The next thing that you should do is file an extension with the court. Once your hearing date has been assigned, you should attempt to change it. If the officer does not appear in court, in most cases your ticket will be dismissed. Police officers tend to schedule all of their hearing on one day, so if you change that day, it is possible that they will not be able to make it to court. When your case is dismissed for the officer not coming to court, you are not responsible for court costs.

Lastly, the equipment that was used to determine your speed requires regular maintenance and recalibration by a certified technician. You should request to view this equipment and its service records. If the officer cannot bring the unit to court or if they cannot provide up-to-date service records, you could show that the specific unit is out of its service agreement. In this situation it is possible to have your case and your speeding ticket dismissed based on this information.

View a free sample transcript for a speeding ticket trial and a speeding ticket report at http://www.BeatMySpeedingTicket.com

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Getting Back On The Road After A Ban

Thursday, July 22nd, 2010

If you reach the highest number of penalty points allowed on a driving licence or have committed an offence that was considered by the courts to have put the lives of others at risk you will most likely lose your driving licence.

A disqualification from driving can range from one year to ten years depending on the severity of the offence. There are also cases where a judge will rule that the offender should serve a lifetime disqualification to avoid putting the lives of others at risk.

When offences are less severe, offenders may be required to serve a Short Period Disqualification (SPD) which is less than fifty six days. The court will keep your driving licence for the duration of the period but it will not be revoked, you will not need to retake a test and you can start driving once the SPD has expired.

If you have lost your licence you may reapply after the period of the disqualification which can be done by filling in the correct forms available online or at a post office. This will only get you a provisional driving licence so you can apply to re-take the theory, hazard perception and practical test.

The endorsements of a disqualification will remain on a licence unless otherwise instructed by a magistrate for which you will need to appear and present your case for removal.

For full disqualifications it is possible for drivers to apply to for their licence earlier than the expiry of the disqualification. However, this is dependant on the individual circumstances of the driver and the length of the ban.

If a driver has undertaken driving improvement courses or other steps to ensure safer driving once qualified, they may be allowed by a court to only serve half their disqualification. The effect of the ban on an individual’s family life or career may also affect the court’s decision.

Driving bans exceeding 2 years may be overturned after half the proposed disqualification period, for example for a ban of 10 years you can apply after 5. If you re-offended, driving or otherwise, since your disqualification there is no hope of overturning a ban and if you drive whilst banned you may face a custodial sentence and a hefty fine.

If you need advice on speeding, then visit Nick Freeman’s site if you believe you may experience exceptional hardship as a result of losing your licence.

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The Serious Consequences Of Driving Under Suspension

Friday, July 9th, 2010

Driving without the required documents is what driving under suspension means. The required document, which is your license to drive, is under suspension by government authorities prohibiting you to operate a vehicle for a specified amount of time. You will be guilty of an additional offence in addition to that offence, for which you lost it.

In general the provinces in Canada have very similar traffic laws and criminal code. The cost of the penalty may vary depending on the number of occasions that this has occurred. A prison term is also possible in some cases. Stiff penalties exist for some of the serious offenses.

The driver who is stopped by the police and is found to have a suspended license may be detained and arrested. It is possible that the vehicle will be seized awaiting the results of a trial. At trial the length of time in custody is determined.

You can be disqualified everywhere for these kinds of infractions. You cannot drive on private property or in any province in Canada. You are banned from operating any type of vehicle including electrically power vehicles or heavy equipment of machinery. When arrested you are in custody for an undetermined length of time. The location of the infraction will be taken into consideration when evaluating the offence.

The license can be suspended when you have neglected to pay family support that had been previously ordered by the court. If the driver makes the necessary payment to the court then the license is reinstated. As in a traffic violation suspension there is a fine and further infractions are dealt with a possible prison term.

If a driver has an accident and has no liability insurance coverage then it is probable that the authorities will confiscate the permit because the driver cannot pay the damages. The only way to redeem the permit is to pay the damages. However in the meantime if the driver drives a vehicle then he is liable for fines and if this is not the first infraction of driving without the permit there is a chance of imprisonment.

If you have been stopped for speeding or anything that would be considered stunt driving you would lose your license. If you decide to drive after suspension for these reasons then you can be liable to fines or imprisonment. If there are subsequent infractions there may be a term of imprisonment of up to ten years. In some provinces a license can be suspended because there is a point system in place and you have lost all your points.

If during the suspension the license expires that does not affect the suspension. Your license is suspended and paying the penalty or completing a prison term will be the only thing that will lift the suspension. It is also possible that the license to drive may be suspended for the number of demerit points that you have accumulated. The general rule is that first offenders rarely go to jail.

In need of professional and affordable representation for your DUI Durham. As Ontario’s leading criminal lawyer Toronto services provider, they are commited to providing effective legal services that you can afford.

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Why Fight A Speeding Ticket?

Monday, June 14th, 2010

Any driver that has had a speeding ticket knows that the experience is both annoying and costly. Many people will just pay the fine and be done with it, not thinking about the implications. If you find yourself with a speeding ticket, before decide to accept the fine, you may want to consider if the ticket is worth fighting.

If you get a speeding ticket, you will have to pay a fine that can be quite costly, especially if you have had previous tickets. It can be hundreds or even thousands of dollars. You will also have demerit appoints applied to your driving record. The accumulation of demerit points can have serious effects. The more points you acquire, the more severe the penalty.

Speeding tickets also affect your insurance premiums. If you get a speeding ticket, the insurance company may raise your rates because you will be considered a high risk driver. If you make a habit of getting caught speeding, the insurance could possibly cancel your policy and it would be very difficult getting insurance from another company. If you do get insurance, the premiums will be quite high.

If you feel that the speeding ticket you received was incorrect, you may want to consider fighting the ticket. For example, sometimes a police officer may make a mistake recording how fast someone was driving. Also, you may have been traveling above the speed limit, but it could have been due to the weather and road conditions. You may have been traveling above the speed limit to avoid an accident, or you had mechanical problems such as a gas pedal problem. As well, the officer may have made a mistake on the ticket or the officer’s radar may have been malfunctioning.

It is important to be aware that if you choose to fight the ticket, it will be your responsibility to prove that you were driving at a safe speed for the particular situation. If you are unsure about your rights and what you have to do to defend yourself in court, it is a good idea to consult with an attorney that specializes in speeding ticket cases. You will then be able to decide if it is worth it go to court and what you need to do to prepare your case. If you are facing severe penalties, it may be worth having an attorney represent you in court.

If you plan to go to court, you will need evidence to support your defense. For instance, you will need such documentation as traffic tickets issued by the officer, any witness statements, officer’s badge number, pictures of the area where you were stopped to show road conditions and weather conditions, road signs, power lines, documentation supporting the condition of your vehicle,…etc. You will also likely need to create a large diagram indicating important objects such as your car, where officer was positioned, any obstructions such tree branches hanging over the posted speed limit sign…etc.

It is important to be aware that sometimes objects such as power lines, power stations, and other vehicles, can interfere with a radar reading. If you want to subpoena the radar device, it is a good idea to have lawyer representation. As well, you should also have an attorney if you want to prove that the officer was not properly trained to use a radar detector.

Fighting a traffic ticket may be the best solution if you feel you have a case. The assistance of an attorney specializing in fighting speeding tickets can be beneficial as this type of attorney has the expertise, understands the law, and will know if you have a chance of winning.

In need of professional and affordable representation for your DUI Durham and traffic tickets Durham. As Ontario’s leading legal services provider, they are commited to providing effective legal services that you can afford.

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Factors That Affect Car Insurance Premiums

Saturday, May 22nd, 2010

Car insurance premiums not only vary from company to company, but also from driver to driver. When you purchase car insurance, there are many factors that affect how much you will pay. It is important to be aware of these factors because it can help you take measures to lower the price you pay for your own insurance policy. The following are a number of factors that affect car insurance premiums:

Risk is one of the most important factors insurance companies look at when determining premiums. For instance, when insurance companies determine their rates, they assess the driver’s risk of getting injured or injuring others such as in a car accident. Statistics show that young teen males are at a greater risk of speeding, disobeying traffic rules, and getting into an accident. Teen males tend to pay higher premiums. As well, drivers of any age with a poor driving record such as a history of traffic violations or have a history of filing insurance claims will be assessed as a high risk. An insurance provider will look at a person’s driving history and take into account such incidents as: history of reckless driving, traffic violations such as parking tickets, speeding tickets, penalties of illegal activities such as driving while intoxicated…etc.

Research has shown that certain types of car at greater risk of getting stolen. Insurance companies keep statistical information about cars at risk of theft. People who drive cars with a high risk of getting stolen will pay higher premiums. As well, if a driver parks their car on the road instead of in a garage, there is a greater risk of theft. Other factors considered when determining the risk of theft include safety record of the particular type of car, whether the vehicle has such theft protection equipment as anti-theft devices, tracking devices such as GPS, and secure window and trunk locks. Sports cars and luxury cars are examples of cars that are at a high risk of theft.

The location of a driver is factor that affects car insurance premiums. For instance, a person living in a big city where statistics show a high crime rate will normally have to pay higher premiums. In more rural areas where there is less traffic and less crime, drivers will normally pay lower premiums. The incidences of theft and vandalism are also considered in each geographical area.

How the vehicle will be used is another factor considered when determining premiums. For instance, the distance to work and whether the car is used just for household errands and leisure activities are all a factor. The higher the mileage each year, the more one will have to pay for their insurance. The price of the car and special features such as a high performance engine, marital status of the driver, whether the car is fuel efficient such as a hybrid, occupation of the driver, and the driver’s credit rating, are all taken into account when determining premiums.

No matter what type of driver you are, there is always a risk of a problem occurring when driving. The best way to acquire affordable auto insurance is to be aware of all of the factors insurance providers take into account when determining insurance premiums and take the necessary steps to ensure the insurance provider puts you in a lower risk category.

Grey Power is leading the insurance industry in providing home and car insurance to many Canadians. Join today and receive a car insurance quote online, which could save you up to $400 a year.

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Full Coverage Vs. Liability Car Insurance

Saturday, May 22nd, 2010

Knowing what type of car insurance to buy can often seem complicated. Most of us want a cheap policy, but we also want to make sure we have the best and most appropriate coverage to ensure we are completed protected. When purchasing car insurance, it is important to select the right amount of coverage that meets your individual needs. To select the best coverage, it is essential to understand the main types of insurance coverage. Two of the main types of insurance that one should be aware of are Full Coverage and Liability Car Insurance.

Liability Car Insurance

Liability insurance is insurance that provides coverage to a third party and property in the event of an incident causing damage that took place outside of the insured’s vehicle. All provinces and states mandate that drivers have a specified amount of liability insurance. You can not drive a vehicle without having liability insurance. If a driver with liability insurance is involved in an accident and was deemed at fault, liability insurance will provide such coverage as the other party’s medical expenses and other related costs, and coverage for damage to the other person’s vehicle or property. It will not provide coverage for the insured’s vehicle. Each province and state has established its own specific laws regarding the minimum liability that they mandate. This amount may not cover severe damages so it is essential to purchase enough liability because an accident causing severe damage can result in years of serious financial hardship. Most insurance professionals advise getting liability coverage of $1,000,000.

Full Coverage Car Insurance

Full coverage insurance is optional car insurance. This type of insurance provides liability insurance as well as collision insurance or comprehensive insurance. When a driver gets full coverage insurance, they are not only covered for all of the liability issues, but they can also have coverage if they are involved in an accident. This is very beneficial if you have an expensive car. However, if you only have a car valued at $1500.00, collision is likely not worth the cost. Basically, when you have collision insurance, you are covered if you are in a car accident whether or not you are found at-fault. This coverage does not include being intoxicated while driving and getting in an accident.

Comprehensive insurance provides coverage if the damage caused to your vehicle is not caused by another vehicle. Examples of instances where comprehensive insurance kicks in are theft of the vehicle, the vehicle is vandalized, fire, weather event that causes damage such as hail…etc. Comprehensive insurance is designed to cover damage to your vehicle where you are not at-fault. When it comes to full coverage auto insurance, a person cannot get collision without comprehensive, but they can acquire comprehensive coverage without collision.

Although car insurance can seem like a wasteful expense, it is actually an investment in one’s financial security. No matter what type of insurance you choose, it is important to make sure you are completely covered. The consequences of not having insurance can be many years of overwhelming and personally devastating debt.

Grey Power is leading the insurance industry in providing home and car insurance to many Canadians. Join today and receive a car insurance quote online, which could save you up to $400 a year.

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How Do Deal With Speeding Tickets Tips On Prevention

Thursday, May 20th, 2010

Getting speeding tickets these days can be aggravating and the fine can be costly. Depending on the speed you were going over the posted speed limit you may have a few options for contesting the ticket. There are some methods to help you from getting a ticket in the first place such as purchasing a radar detector if local laws where you live allow it. In many cases you may qualify for a reduction in the ticket if there are any driving classes available for you to take in person or online.

One of the most common ways to contest a ticket is to show up for a court hearing as writing on your ticket or as instructed. Before the judge a person can plead whatever case they have to have the ticket dismissed however this may be difficult. You should know right away if it will be dismissed however the policeman who ticketed you may appear as well. In this case you might not be successful in getting your fine disregarded but in some instances the Policeman may not appear which may get it dismissed.

For one the best ways of prevention there may be some options in detection such as Radar detectors. These devices sit either on your dash board in your car and can detect a variety of Police signals including Radar, Laser and other radio frequencies come into use. Do become familiar with your local laws as this could be illegal to use or have one in your car or even to own one. However seeing the many benefits of have a Detector in your car can further prevent future speeding tickets greatly used with care.

It pays to avoid a speeding ticket all together especially when it comes to your car insurance rates. Even just one ticket can make your premiums jump in some cases based on several insurance companies. A person is more likely to have an accident the more a person speeds based on some statistics. So if you want to stay away from Rate hikes then slow it down and drive slightly under the speed limit.

Become aware of speeding traps in your area if you are not already familiar with your city. Ask around most people know where Police set up a speed trap and usually they can be very predictable. You can avoid these areas altogether or just slow it down when you do go through an area known for traps.

Most cases people who are focused on driving with no distractions such as talking on the cell or playing with the radio are more likely to steer clear of Speeding tickets. Paying more attention while on the road can even save you from more instances such as accidents and running red lights. With all the distractions today it’s easy to become preoccupied when on the road but with a little attention to details it will keep money in your pocket.

Make it a habit to check your car for any broken head lights, missing license plates in the front or rear and the license plate bulb can keep those fines away. Police are more likely to pick out a car that has any visible defects so in addition to getting a speeding fine you could find yourself getting another if stopped for speeding. Some simple daily checks for such defects could end up saving your hundreds more in the long run.

With all the various ways police are checking your speed, putting up cameras and setting up speed traps it can be very difficult to avoid getting a speeding ticket. Now with a little driver’s education, time and patience you can take several measures to avoid getting a fine moreover save yourself the aggravation and money of getting speeding tickets Mississauga

In need of professional and affordable representation for your speeding tickets Mississauga. As Ontario’s leading legal services provider, they are commited to providing effective legal services that you can afford.

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Drunk Driving Info From The NHTSA

Tuesday, May 11th, 2010

According to present research from the NHTSA, drunk driving incidents, automobile or motor vehicle collisions, and car crashes due to driving while drunk are a main cause of death for men and women from 2 to 33 years of age.

30 % of all fatal driving while intoxicated accidents or collisions in the course of the year were alcohol-linked, compared with 53% on saturdays and sundays. For all accidents, the alcohol involvement data was 5 percent throughout the week and 12 percent in the course of the weekend. The impact of alcohol involvement heightens with injury severity. Alcohol-involved or drunk driving mishaps and wrecks formed ten percent of property damage only crash costs, 21% of nonfatal injury accidents; and more than 40% of fatal injury crash costs; more than 3 times as high at night as during the day.

For all incidents, the alcohol is over four times as high at night.

Young individuals 21 to 24 years old were most likely to be drunk (BAC of 0.08 g/dl or greater) in dui mishaps and fatal collisions in the year 2003. 32% of people 21 to 24 years of age engaged in driving while drunk and fatal crashes were inebriated, followed by ages 25 to 34 and 35 to 44.

The impairment rate (those over .08 BAC) for male drivers involved in fatal crashes was 25 percent, compared with 12 percent for female motorists.

For dwi incidents and fatal collisions taking place from midnight to 3:00 AM, 77 percent involved alcohol in 2003. The next most unsafe time period for alcohol-related collision deaths were 9 PM to midnight, followed by 3 AM to 6 AM.

Those people over the age of 70 were least likely to be impaired (BAC of 0.08 g/dl or greater) in drunk driving accidents and fatal crashes in 2003 – only five percent were drunk.

Based on these studies, there can be no doubt that driving while intoxicated is still very prevalent throughout our society and certainly requires our attention.

If you are facing drunk driving charges, your best option is usually to consult with a local drunk driving attorney near you. Discuss you situation with a local San Antonio DWI attorney today.

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Strategies To Combat Traffic Tickets In Court

Sunday, May 9th, 2010

You may think that getting pulled over by a police office for a traffic violation is stressful, but if you have ever been on the receiving end of traffic tickets you know that the stress does not stop there. Once you have received a violation you have the option of paying the fee and having the ticket stick to your driving record, at least for your provinces required period of time. A traffic violation will also increase your insurance premium rates. Your second option is to dispute your violation in a court of law.

Several provinces will allow you to challenge an officer’s subjectivity. Challenge the officer’s view of how he/she perceived your actions. Getting pulled over for making an ‘unsafe’ left turn can be easily challenged. Describe how the officer was at a vantage point where he/she could not make this call. Describe how you were acting accordingly and safely.

In order to avoid the scenario of your word against the officer’s word, bring factual evidence with you. Typically, when it is your story against the story of a law officer the judge will often side with the officer. This means you can not depend solely on your words as a means of defense. In order to raise doubt in the mind of the judge, you have to bring convincing evidence of your account of what happened.

If possible bring eyewitness accounts of the incident. People who seen the alleged incident such as passengers or bystanders can work as eyewitnesses. Visual aids, such as a simple diagram showing your vehicle and the police vehicle can be helpful aids. These diagrams can explain how the officer was not in a position to make a clear call from his vantage point.

Photographs are another example of visual aids. Bring photos of hidden or damaged road signs. This can help illustrate how you did not see the sign. You can also use this as another means of detailing the officer’s weak vantage point. For instance, snap a few pictures from where the police car was standing, and where your own vehicle was. This may raise questions about just how clear of a judgment the police officer made.

Proving there were circumstances beyond your control may help in your favour. For instance, if you unknowingly passed a pedestrian walk because the strips were not visible (because they were faded), how could you have stopped? You could not stop because you didn’t know you had to stop in the first place. This makes the violation, although committed, an honest mistake.

In some cases trying to prove that your actions were legally justified may help in your favour. You may have been driving slowly in the left lane in order to prepare for a legal left turn. Although you may have actually been driving slowly, you were preparing to make a safe turn.

Sometimes it may feel like beating the system is impossible. It may also be easier to just pay the fines associated with traffic tickets and move on. On the other hand, traffic violations can be very costly and not only in the immediate sense. You will have to face increased insurance rates as a result of this violation as well.

In need of professional and affordable representation for traffic tickets Durham? As Ontario’s leading legal services provider, they are committed to providing effective legal services that you can afford.

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