So I just left my house and stopped at a STOP sign from my street turning left (it was not an all-way stop). I stopped and checked my right then left and did not see any cars and started my turn. All of a sudden a jeep appeared to the right of me about 3 seconds later driving very close. I glanced at him and thought how is that possible. The jeep did not honk or signal for me to stop so I continued down the second street and stopped before a main road to merge with traffic. My eyes were on the traffic to see if I can turn left. An opening came up and I turned left. I checked my rear mirror and saw the jeep following me. I thought to myself perhaps he was having road rage. I slowed down because I was coming up towards a red light and he pulled up beside me, honked, and flashed a badge. So I turned towards the right lane and stopped. He flashed his badge quickly again, I only saw "constable" and he started to tell me "where did you learn to drive like that, what if there were children. you did not check for me coming through and you turned from your side street; " and told me to get my license and proof of insurance. I stumbled because I was nervous and he kept telling me to hurry it up because "does it look like I have a lot of time?" I told him I checked my right and did not see him. He replied that if I checked I would have seen him. He then asked me whether I would be home in the evening because he would charge me. I asked him what are you charging me with as well as what time, he just ignored me and went off. At the moment I am waiting for him at my house, confused. I don't understand first why I did not see him. I checked my right after stopping. Also, if I did not see him would he not have crashed into me whether than pulling next to me 3 seconds after I successfully turned? (The curb on both sides of the street that I turned into can only fit 2 lanes but it expands into places where people can park) Would it be possible he was driving much faster than the 40km/h in the residential area and I missed him? Would he be just pissed off because I cut him off by accident? At this point I don't even know what he is charging me with. Some insight would be very much appreciated. Thanks for reading.
I mean to say, officers don't need a BS excuse, why make it up?
La Squish wrote:
"I pulled you over because your signal was flashing too fast and I wanted to make sure you didn't have a blown signal bulb" would be sufficient, no? Few extra words = happy JP?
I mean to say, officers don't need a BS excuse, why make it up?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
True. Although I don't think many people even know that a valid reason is not needed (I didn't until I just read it on this site) and the officer chose to give a simple reason to avoid conflict.
True. Although I don't think many people even know that a valid reason is not needed (I didn't until I just read it on this site) and the officer chose to give a simple reason to avoid conflict.
:roll: Are you currently in Ontario? If so, you have consented to being governed by the Highway Traffic Act, among other laws. If you don't want to be subject to the HTA, you can withdraw your "consent" by leaving the province. Can you please explain where you got the idea that an act is not a law?
Are you currently in Ontario? If so, you have consented to being governed by the Highway Traffic Act, among other laws. If you don't want to be subject to the HTA, you can withdraw your "consent" by leaving the province.
Can you please explain where you got the idea that an act is not a law?
Last edited by Radar Identified on Sat Jul 25, 2009 12:58 am, edited 1 time in total.
An Act is the Law. It DEFINES the Law. The Highway Traffic Act (HTA) is an Ontario law which regulates the licensing of vehicles, classification of traffic offenses, administration of loads, classification of vehicles and other transport related issues. First introduced in 1990s, there have been amendments due to changes to driving conditions and new transportation trends. http://en.wikipedia.org/wiki/Highway_Tr ... Ontario%29
CoolChick wrote:
Remember the HTA is an ACT not LAW.... it is a legislation that carries the enforcement of law only with OUR CONSENT.
An Act is the Law. It DEFINES the Law.
The Highway Traffic Act (HTA) is an Ontario law which regulates the licensing of vehicles, classification of traffic offenses, administration of loads, classification of vehicles and other transport related issues. First introduced in 1990s, there have been amendments due to changes to driving conditions and new transportation trends.
I think the majority of our laws are "Acts of Parliament" (are they still called that at the provincial level?). I should withdraw my consent to the BNA/Canada Act. That Union Jack sure is sexy. :twisted:
I think the majority of our laws are "Acts of Parliament" (are they still called that at the provincial level?).
I should withdraw my consent to the BNA/Canada Act. That Union Jack sure is sexy.
A government can only rule with the consent of the people. If a human being removes that consent... the government has no power over that individual unless he/she commits an offence under common law. Laws that precedes government are irrefutable laws and remain till this day. Acts are legislations brought in by elected governments and are supposed to be based on the pregovernment laws (laws that maintain our human rights ie./ right to travel, right to free speech, right to not be harmed or injured etc etc....) Any Act that does not uphold those rights is essentially fraudulent (no further comment on this, please do homework) Acts also require our consent in order to be effective. Like a contract...you need to sign your consent at every step of the procedure...if you do not, you are not consenting....it is as simple as that. If a person is arrested, they have to sign to be released. It may be a release with a condition that again needs a promise to appear (signed)....if you are bailed they need a signature from the individual who is bailing you out. These signatures are consents. Pre government laws do not need signatures for you to be arrested because you have broken a law that has caused someone to be harmed in some way or have caused loss to someone.... these crimes are not neccessarily under the frayed umbrella of an Act. I agree Squishy, the Union Jack is quite sexy isn't it !!! But even UK is bound by Common Law.... look up Magna Carta !
A government can only rule with the consent of the people. If a human being removes that consent... the government has no power over that individual unless he/she commits an offence under common law.
Laws that precedes government are irrefutable laws and remain till this day. Acts are legislations brought in by elected governments and are supposed to be based on the pregovernment laws (laws that maintain our human rights ie./ right to travel, right to free speech, right to not be harmed or injured etc etc....) Any Act that does not uphold those rights is essentially fraudulent (no further comment on this, please do homework)
Acts also require our consent in order to be effective. Like a contract...you need to sign your consent at every step of the procedure...if you do not, you are not consenting....it is as simple as that. If a person is arrested, they have to sign to be released. It may be a release with a condition that again needs a promise to appear (signed)....if you are bailed they need a signature from the individual who is bailing you out. These signatures are consents. Pre government laws do not need signatures for you to be arrested because you have broken a law that has caused someone to be harmed in some way or have caused loss to someone.... these crimes are not neccessarily under the frayed umbrella of an Act.
I agree Squishy, the Union Jack is quite sexy isn't it !!! But even UK is bound by Common Law.... look up Magna Carta !
I doubt you are able to withdraw consent as an individual. You may do so as a majority of society, by electing/pressuring goverment that will repeal the unpopular laws. Even a small minority can bring about changes now, with teh interwebs and cable TV, but the individual is still relatively powerless. You can't tell the officer that you do not agree with the HTA and therefore withdraw your consent to be governed by such, and expect him to go "Oh darn, I guess you're free to go then."
I doubt you are able to withdraw consent as an individual. You may do so as a majority of society, by electing/pressuring goverment that will repeal the unpopular laws. Even a small minority can bring about changes now, with teh interwebs and cable TV, but the individual is still relatively powerless.
You can't tell the officer that you do not agree with the HTA and therefore withdraw your consent to be governed by such, and expect him to go "Oh darn, I guess you're free to go then."
Actually Squishy we can as individuals withdraw our consent to be governed... people are actually doing it. That does not mean that they are unlawful...on the contrary, they are bound by pre government law and should they commit a crime under that law will be dealt with in a court of common law. Actually... why dont you test your theory... deregister your vehicle, relinquish your drivers licence and see what they can charge you with !!!! If you do not have a licence and car is not registered how can you be bound by an Act that you have not consented to be a part of ? You are simply using your RIGHT to travel as determined in pre government law, which if you remember cannot be refuted. :shock:
Actually Squishy we can as individuals withdraw our consent to be governed... people are actually doing it. That does not mean that they are unlawful...on the contrary, they are bound by pre government law and should they commit a crime under that law will be dealt with in a court of common law.
Actually... why dont you test your theory... deregister your vehicle, relinquish your drivers licence and see what they can charge you with !!!!
If you do not have a licence and car is not registered how can you be bound by an Act that you have not consented to be a part of ?
You are simply using your RIGHT to travel as determined in pre government law, which if you remember cannot be refuted.
They'll charge you with: - Drive without a licence - No registration on the vehicle - No insurance Car will be seized and you're looking at thousands in fines and possible jail time. And they'll get a conviction. Canada is not some libertarian la-la land. No one can decide that they won't follow the laws without facing consequences. We're all bound by the laws, and no court will rule that individuals can simply decide which ones they can follow and which ones they won't. By the way, "pre government law" was before the existence of motor vehicles. Saying someone has the "right" to drive would be saying that a blind person could operate a motor vehicle, because rights are guaranteed to everyone, not just select individuals on the basis of wealth or status or ability. That is why driving is a privilege. The Constitution is the supreme law of Canada (which was re-patriated in 1982), and it DOES NOT guarantee a right to drive.
CoolChick wrote:
Actually... why dont you test your theory... deregister your vehicle, relinquish your drivers licence and see what they can charge you with !!
They'll charge you with:
- Drive without a licence
- No registration on the vehicle
- No insurance
Car will be seized and you're looking at thousands in fines and possible jail time. And they'll get a conviction. Canada is not some libertarian la-la land. No one can decide that they won't follow the laws without facing consequences. We're all bound by the laws, and no court will rule that individuals can simply decide which ones they can follow and which ones they won't.
By the way, "pre government law" was before the existence of motor vehicles. Saying someone has the "right" to drive would be saying that a blind person could operate a motor vehicle, because rights are guaranteed to everyone, not just select individuals on the basis of wealth or status or ability. That is why driving is a privilege. The Constitution is the supreme law of Canada (which was re-patriated in 1982), and it DOES NOT guarantee a right to drive.
Respectfully....I don't agree.... we shall have to agree to differ ! If a car isn't registered it would be theft to seize it ! Why would you pay a fine for not registering something you have paid for ? By registering something you are handing it over to a new owner. An owner that can impound it whenever they feel they want to. Do we really need to have a piece of paper to say the car is ours ? Wouldn't a bill of sale suffice ? I know it does for my household items and any motor lawnmower.
Respectfully....I don't agree.... we shall have to agree to differ !
If a car isn't registered it would be theft to seize it !
Why would you pay a fine for not registering something you have paid for ? By registering something you are handing it over to a new owner. An owner that can impound it whenever they feel they want to. Do we really need to have a piece of paper to say the car is ours ? Wouldn't a bill of sale suffice ? I know it does for my household items and any motor lawnmower.
Difference is use of public roads and paying for the maintenance, snow clearing, upkeep, policing and provision of emergency services to them. If it is not a registered vehicle, it cannot be driven on a public road - see my lengthy post under "obstruct plate." You can bike and walk for free, but driving a car is more or less pay-for-use.
Difference is use of public roads and paying for the maintenance, snow clearing, upkeep, policing and provision of emergency services to them. If it is not a registered vehicle, it cannot be driven on a public road - see my lengthy post under "obstruct plate." You can bike and walk for free, but driving a car is more or less pay-for-use.
Public Roads ?? This planet was here long before governments and before people. Because we were born on this planet we are sovereign. Therefore this planet is sovereign territory.
Public Roads ??
This planet was here long before governments and before people. Because we were born on this planet we are sovereign. Therefore this planet is sovereign territory.
I mean to say, officers don't need a BS excuse, why make it up? hmm thinking back... before my speeding ticket, and before my niagara incedent... the 3 times i was pulled over before that, i asked why i was stopped. I got 2 answers: 1: "Because thats what we do" 2: "because we can" because we can was said on two different occasions by 2 different people. Hasnt it been said that somewhere in the world you have a twin? these 2 should hook up.
Reflections wrote:
La Squish wrote:
"I pulled you over because your signal was flashing too fast and I wanted to make sure you didn't have a blown signal bulb" would be sufficient, no? Few extra words = happy JP?
I mean to say, officers don't need a BS excuse, why make it up?
hmm thinking back... before my speeding ticket, and before my niagara incedent... the 3 times i was pulled over before that, i asked why i was stopped. I got 2 answers:
1: "Because thats what we do"
2: "because we can"
because we can was said on two different occasions by 2 different people. Hasnt it been said that somewhere in the world you have a twin? these 2 should hook up.
Ok, so today i was driving down steeles ave and i got pulled over, the officer approached me and got my license and pulled it up.
he came back and said my license is suspended :O i had no idea or else i wouldnt be driving at all.....the reason for the license suspension was unpaid fines....
Hi everyone, after 12 years of clean driving, I got my first ticket. I had stepped out to grab a bite and left my valid licence in my other pocket. I had an expired "valid photo ID" licence in my vehicle that I keep just in case I need photo ID. I gave the officer that one and I told him my valid…
My teenager was in an accident last Sept where another car was rear-ended.
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and…
this is ALL I got in terms of notes. No record of calibration before or after.
my question is, should I send a second request for the officer's notes from the day? or can I run with this and press the point that he didn't test the unit before or after?
Friend of mine was stopped and asked to blow into alcohol test meter just because he said he had 2 drinks earlier in the night (like 4,5 hours before being stopped). He wasn't behaving erratic or driving out of line. The officer said he noted him to pull behind few parked cars and then…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong…