I refer to this original post: http://www.ontariohighwaytrafficact.com/topic497.html The car driver, decided to pursue him in his car until he drove in front of him and cut him off on another driveway which is a potentially dangerous behavior that could have resulted in another collision and injury. Then car driver exited his vehicle as he started yelling and repeatedly using obscene language and was trying to detain him and by grabbing onto his shoulder. The aggressive behavior of the car driver terrified him moreover it became apparent to him that this wasnt the safest place to be at that moment. He decided to leave the scene of the accident for my own safety. It is obvious that the car driver did not behave in a civil manner by yelling and trying to detain my son and the Toronto Police officer explained that this was perfectly reasonable, and it is known as Civil Arrest... Can we consider it to be a Civil Arrest?
The car driver, decided to pursue him in his car until he drove in front of him and cut him off on another driveway which is a potentially dangerous behavior that could have resulted in another collision and injury. Then car driver exited his vehicle as he started yelling and repeatedly using obscene language and was trying to detain him and by grabbing onto his shoulder. The aggressive behavior of the car driver terrified him moreover it became apparent to him that this wasnt the safest place to be at that moment. He decided to leave the scene of the accident for my own safety.
It is obvious that the car driver did not behave in a civil manner by yelling and trying to detain my son and the Toronto Police officer explained that this was perfectly reasonable, and it is known as Civil Arrest...
The private citizen right to arrest without a warrant under s. 494 of the Criminal Code only applies to criminal offences, or an indictable offence. Indictable offences do not apply to the HTA and offences under the HTA are not criminal. The right for a cop to arrest without a warrant under the HTA is limited to subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1). Section 200(1)(a) expressly states; Duty of person in charge of vehicle in case of accident 200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall, (a) remain at or immediately return to the scene of the accident; ... Every private person may also arrest without warrant any person whom he or she finds committing any such contravention mentioned above. The police, but not a private person, can also arrest without warrant a person breaching s. 177(2). From what I gather, your son was not leaving the scene before the guy grabbed him, therefore, in my view, he had no right to touch your son at all. In fact, you can argue he assaulted your son. From what youve told us, the guy also never informed your son that he was under arrest, if he is now claiming he was arresting your son. Once he arrested your son, he was also required to inform your son of his rights under s. 10 of the Charter. He didnt do so. The guy had no legal right to arrest your son for the accident itself. If hes claiming he arrested your son for the accident, then it was an unlawful arrest and your son can sue him. The HTA provides no immunity for te illegal action of false arrest when he acted on his own and not at the request of a police officer. The HTA only provides immunity from false arrest if an officer requests your help in arresting someone. Thus, a distinction is made proving he is provided no immunity.
The private citizen right to arrest without a warrant under s. 494 of the Criminal Code only applies to criminal offences, or an indictable offence.
Indictable offences do not apply to the HTA and offences under the HTA are not criminal.
The right for a cop to arrest without a warrant under the HTA is limited to subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1).
Section 200(1)(a) expressly states;
Duty of person in charge of vehicle in case of accident
200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,
(a) remain at or immediately return to the scene of the accident;
...
Every private person may also arrest without warrant any person whom he or she finds committing any such contravention mentioned above.
The police, but not a private person, can also arrest without warrant a person breaching s. 177(2).
From what I gather, your son was not leaving the scene before the guy grabbed him, therefore, in my view, he had no right to touch your son at all. In fact, you can argue he assaulted your son.
From what youve told us, the guy also never informed your son that he was under arrest, if he is now claiming he was arresting your son.
Once he arrested your son, he was also required to inform your son of his rights under s. 10 of the Charter. He didnt do so.
The guy had no legal right to arrest your son for the accident itself. If hes claiming he arrested your son for the accident, then it was an unlawful arrest and your son can sue him.
The HTA provides no immunity for te illegal action of false arrest when he acted on his own and not at the request of a police officer. The HTA only provides immunity from false arrest if an officer requests your help in arresting someone.
Thus, a distinction is made proving he is provided no immunity.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
