I am out on bail facing criminal charges. Police cruiser behind me runs my plates and notices I'm out on bail while waiting for my trial date. My conditions require me to be home daily between 9pm-6am. I was pulled over on an afternoon. When asked why I am pulled over the officer replies "Your conditions weren't clear". What wasn't clear enough? This is not the first officer to take interest in me, just the first to pull me over. The others just follow me for a few kilometers and get lost. This one followed me for less than 10 seconds before turning the lights on. This is where I realize I don't have my driver's licence on me. I have insurance and ownership but no licence. So after calling dispatch and digging through my records the officer comes back after a solid 15 minutes and issues me a failure to suspend licence ticket. Can I fight this ticket on the grounds that I should have not been pulled over in the first place? I must provide a licence if the officer has a legitimate reason for pulling me over. I was pulled over because the officer didn't know if afternoon falls between the hours of 9pm and 6am. The other officers did but this one needed an explanation from dispatch. Highway Traffic Act 33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).
I am out on bail facing criminal charges. Police cruiser behind me runs my plates and notices I'm out on bail while waiting for my trial date. My conditions require me to be home daily between 9pm-6am. I was pulled over on an afternoon. When asked why I am pulled over the officer replies "Your conditions weren't clear".
What wasn't clear enough? This is not the first officer to take interest in me, just the first to pull me over. The others just follow me for a few kilometers and get lost. This one followed me for less than 10 seconds before turning the lights on. This is where I realize I don't have my driver's licence on me. I have insurance and ownership but no licence. So after calling dispatch and digging through my records the officer comes back after a solid 15 minutes and issues me a failure to suspend licence ticket.
Can I fight this ticket on the grounds that I should have not been pulled over in the first place?
I must provide a licence if the officer has a legitimate reason for pulling me over. I was pulled over because the officer didn't know if afternoon falls between the hours of 9pm and 6am. The other officers did but this one needed an explanation from dispatch.
Highway Traffic Act 33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).
Agreed. In Ontario, officers can pull over any vehicle at any time to check for license, insurance, permit. They don't need any other reason other than you're behind the wheel of a motor vehicle. If there's no other valid reason for holding you and everything checks out, you should be free to go. Seeing how you didn't have your license, it's kind of hard to argue you shouldn't have been pulled over.
argyll wrote:
The courts have upheld that motorists can be pulled over at any time to check the driver's documentation.
Agreed. In Ontario, officers can pull over any vehicle at any time to check for license, insurance, permit. They don't need any other reason other than you're behind the wheel of a motor vehicle. If there's no other valid reason for holding you and everything checks out, you should be free to go. Seeing how you didn't have your license, it's kind of hard to argue you shouldn't have been pulled over.
My immediate thoughts when you made that initial statement were that it is a blatant Charter infringement. This case acknowledges that, unfortunately without being able to read the entire case - I cannot understand the ruling. It contradicts random stops because it says... "Per Dickson C.J. and Wilson, La Forest and Sopinka JJ.: The unlimited right of police officers to stop motor vehicles without any reason cannot be justified under s. 1 of the Charter. The evidence here, however, should not be excluded under s. 24(2) of the Charter." It then goes on to say: "The random stop constituted an arbitrary detention. The Crown's efforts to discharge its s. 1 onus must be viewed in the context of the s. 9 breaches sanctioned to date in meeting the objective of ridding the highways of dangerous drivers. Police officers are entitled to stop motorists at organized check points as part of the R.I.D.E. program to provide a roadside screening test of sobriety and to check for licences, insurance and mechanical fitness. The organized check point is available, therefore, as a means of detection of the unlicensed driver. This case may be viewed as the last straw. If sanctioned, a police officer could stop any vehicle at any time, in any place, without having any reason to do so. For the motorist, this would mean a total negation of the freedom from arbitrary detention guaranteed by s. 9 of the Charter. The Crown has not demonstrated that this unrestricted power is a necessary addition to the impressive array of enforcement methods which are available. Random checking at a stationary, predetermined location infringes the right much less than the unlimited right contended for. It is somewhat more carefully designed to serve enforcement, and is less intrusive and not as open to abuse as the unlimited power sought to be justified. The roving random stop, by contrast, would permit any individual officer to stop any vehicle, at any time, at any place. The decision may be based on any whim. The unlimited power has the potential of being much more intrusive and occasioning a greater invasion of privacy." Based on what I am reading, and correct me if I'm wrong or you have the full case law. The Supreme Court DID NOT rule that a police officer can randomly stop anyone whenever he wants 'based on a whim' because that gives them unlimited power that is not justified and infringes the Charter. They argued that R.I.D.E programs and random checkpoints are sufficient enough to deter motorists, and that infringes minimally on the Charter. They argued if this was sanctioned, it would give the police unlimited power - and refused to sanction it. (To my understanding) Unless I'm mistaken here (feel free to point it out if I am because it's entirely possible) the ruling suggests that random stops (i.e - a police man pulling you over on the road) for no reason is not supported, reasonable and infringes on the Charter and is therefore not legal, contrary to your earlier statement.
My immediate thoughts when you made that initial statement were that it is a blatant Charter infringement. This case acknowledges that, unfortunately without being able to read the entire case - I cannot understand the ruling. It contradicts random stops because it says...
"Per Dickson C.J. and Wilson, La Forest and Sopinka JJ.: The unlimited right of police officers to stop motor vehicles without any reason cannot be justified under s. 1 of the Charter. The evidence here, however, should not be excluded under s. 24(2) of the Charter."
It then goes on to say:
"The random stop constituted an arbitrary detention. The Crown's efforts to discharge its s. 1 onus must be viewed in the context of the s. 9 breaches sanctioned to date in meeting the objective of ridding the highways of dangerous drivers. Police officers are entitled to stop motorists at organized check points as part of the R.I.D.E. program to provide a roadside screening test of sobriety and to check for licences, insurance and mechanical fitness.The organized check point is available, therefore, as a means of detection of the unlicensed driver. This case may be viewed as the last straw. If sanctioned, a police officer could stop any vehicle at any time, in any place, without having any reason to do so. For the motorist, this would mean a total negation of the freedom from arbitrary detention guaranteed by s. 9 of the Charter.
The Crown has not demonstrated that this unrestricted power is a necessary addition to the impressive array of enforcement methods which are available.Random checking at a stationary, predetermined location infringes the right much less than the unlimited right contended for. It is somewhat more carefully designed to serve enforcement, and is less intrusive and not as open to abuse as the unlimited power sought to be justified. The roving random stop, by contrast, would permit any individual officer to stop any vehicle, at any time, at any place. The decision may be based on any whim. The unlimited power has the potential of being much more intrusive and occasioning a greater invasion of privacy."
Based on what I am reading, and correct me if I'm wrong or you have the full case law. The Supreme Court DID NOT rule that a police officer can randomly stop anyone whenever he wants 'based on a whim' because that gives them unlimited power that is not justified and infringes the Charter. They argued that R.I.D.E programs and random checkpoints are sufficient enough to deter motorists, and that infringes minimally on the Charter. They argued if this was sanctioned, it would give the police unlimited power - and refused to sanction it. (To my understanding)
Unless I'm mistaken here (feel free to point it out if I am because it's entirely possible) the ruling suggests that random stops (i.e - a police man pulling you over on the road) for no reason is not supported, reasonable and infringes on the Charter and is therefore not legal, contrary to your earlier statement.
Agreed. In Ontario, officers can pull over any vehicle at any time to check for license, insurance, permit. They don't need any other reason other than you're behind the wheel of a motor vehicle. If there's no other valid reason for holding you and everything checks out, you should be free to go. Seeing how you didn't have your license, it's kind of hard to argue you shouldn't have been pulled over. Incorrect, unless you have a different source - the Supreme Court ruled exactly against this. They said random checkpoints are more than sufficient enough to deter drivers, there's no need for random stops as it's a blatant Charter infringement that isn't deemed necessary or reasonable. To the second part, it is impossible to know if he had his license on him WITHOUT stopping him first. If they weren't legally permitted to stop him, that evidence would NOT be admissible in court, and cannot be used to prosecute him - in other words, there's absolutely no case if you can prove the stop was unlawful in the first place. In regards to the complete situation at hand, the police officer is going to argue that he stopped you because you had a condition on your bail and he was unsure if it had been violated or not, which may be ruled sufficient. It wasn't random in the sense that he didn't just decide he felt like stopping you, he was actually confused by something and wanted to make sure something checks out - for that reason, the case may be difficult.
bend wrote:
argyll wrote:
The courts have upheld that motorists can be pulled over at any time to check the driver's documentation.
Agreed. In Ontario, officers can pull over any vehicle at any time to check for license, insurance, permit. They don't need any other reason other than you're behind the wheel of a motor vehicle. If there's no other valid reason for holding you and everything checks out, you should be free to go. Seeing how you didn't have your license, it's kind of hard to argue you shouldn't have been pulled over.
Incorrect, unless you have a different source - the Supreme Court ruled exactly against this. They said random checkpoints are more than sufficient enough to deter drivers, there's no need for random stops as it's a blatant Charter infringement that isn't deemed necessary or reasonable.
To the second part, it is impossible to know if he had his license on him WITHOUT stopping him first. If they weren't legally permitted to stop him, that evidence would NOT be admissible in court, and cannot be used to prosecute him - in other words, there's absolutely no case if you can prove the stop was unlawful in the first place.
In regards to the complete situation at hand, the police officer is going to argue that he stopped you because you had a condition on your bail and he was unsure if it had been violated or not, which may be ruled sufficient. It wasn't random in the sense that he didn't just decide he felt like stopping you, he was actually confused by something and wanted to make sure something checks out - for that reason, the case may be difficult.
The point was he can be stopped at anytime to provide documentation. The OP believes the reasoning for his stop was an entryway, (which was probably warranted anyways based on the information the officer had in front of him) led to the officer getting his license. Getting his license doesn't hinge on a chain of events. Obviously, you don't agree. We'll agree to disagree.
Sonic wrote:
To the second part, it is impossible to know if he had his license on him WITHOUT stopping him first. If they weren't legally permitted to stop him, that evidence would NOT be admissible in court, and cannot be used to prosecute him - in other words, there's absolutely no case if you can prove the stop was unlawful in the first place.
The point was he can be stopped at anytime to provide documentation. The OP believes the reasoning for his stop was an entryway, (which was probably warranted anyways based on the information the officer had in front of him) led to the officer getting his license. Getting his license doesn't hinge on a chain of events. Obviously, you don't agree. We'll agree to disagree.
The point was he can be stopped at anytime to provide documentation. The OP believes the reasoning for his stop was an entryway, (which was probably warranted anyways based on the information the officer had in front of him) led to the officer getting his license. Getting his license doesn't hinge on a chain of events. Obviously, you don't agree. We'll agree to disagree. He CAN'T be stopped at any time to provide documentation without cause. Are you not reading the case law in front of you? In law, there's a terminology called 'admissible evidence'. You can't use ALL the evidence you have in the cases where it was not obtained lawfully. For example, say you have an unregistered (illegal) gun in your home. If a cop decides he's in the mood to break down your door for no reason, walks in and finds the gun - he cannot charge you for holding it. The same applies to your rights to retain legal representation - if a police officer did not inform you of your rights to legal representation and then interrogated you and you confessed to murdering someone - none of that evidence is court admissible. Even though you, yourself, confessed to murder. The reason? Your Chartered rights were infringed, the gun was unlawfully attained/you were denied your right to legal representation and therefore it will NOT be admissible in court. The ONLY time he can be stopped without cause is during (as noted by the Supreme Court) random checkpoints. In other words, when there is a checkpoint stopping EVERYONE that passes by to check for things. You cannot single out an individual for no reason at all. I'm not arguing that the officer stopped him for no reason at all (as noted earlier - bail conditions issue) - I'm just saying you cannot be "stopped at any time to provide documentation" without reasonable cause. The Supreme Court and Canadian Charter have laws against this - if you're going to constantly keep making comments like that - please CITE it - give us a source. You're misleading people with your comments here - the police have strict rules that have to abide by as well - unless you actually have evidence that a police officer can stop you at any time because he feels like it - please stop yourself from misleading people.
bend wrote:
Sonic wrote:
To the second part, it is impossible to know if he had his license on him WITHOUT stopping him first. If they weren't legally permitted to stop him, that evidence would NOT be admissible in court, and cannot be used to prosecute him - in other words, there's absolutely no case if you can prove the stop was unlawful in the first place.
The point was he can be stopped at anytime to provide documentation. The OP believes the reasoning for his stop was an entryway, (which was probably warranted anyways based on the information the officer had in front of him) led to the officer getting his license. Getting his license doesn't hinge on a chain of events. Obviously, you don't agree. We'll agree to disagree.
He CAN'T be stopped at any time to provide documentation without cause. Are you not reading the case law in front of you? In law, there's a terminology called 'admissible evidence'. You can't use ALL the evidence you have in the cases where it was not obtained lawfully. For example, say you have an unregistered (illegal) gun in your home. If a cop decides he's in the mood to break down your door for no reason, walks in and finds the gun - he cannot charge you for holding it. The same applies to your rights to retain legal representation - if a police officer did not inform you of your rights to legal representation and then interrogated you and you confessed to murdering someone - none of that evidence is court admissible. Even though you, yourself, confessed to murder. The reason? Your Chartered rights were infringed, the gun was unlawfully attained/you were denied your right to legal representation and therefore it will NOT be admissible in court.
The ONLY time he can be stopped without cause is during (as noted by the Supreme Court) random checkpoints. In other words, when there is a checkpoint stopping EVERYONE that passes by to check for things. You cannot single out an individual for no reason at all. I'm not arguing that the officer stopped him for no reason at all (as noted earlier - bail conditions issue) - I'm just saying you cannot be "stopped at any time to provide documentation" without reasonable cause. The Supreme Court and Canadian Charter have laws against this - if you're going to constantly keep making comments like that - please CITE it - give us a source. You're misleading people with your comments here - the police have strict rules that have to abide by as well - unless you actually have evidence that a police officer can stop you at any time because he feels like it - please stop yourself from misleading people.
Based on what? I just read it and it confirmed everything I was saying. The Supreme Court failed to give police the ability to stop any driver without cause.
Decatur wrote:
Here's the link to the decision. Read it or don't.
Based on what? I just read it and it confirmed everything I was saying. The Supreme Court failed to give police the ability to stop any driver without cause.
I'll just post the key stuff right here: And further above in the text: The majority decision of the SCOC was that it was permissible to randomly stop drivers, outside of a RIDE program. EDIT: Just to add, agree or disagree, that's what they said. Truth be told, I haven't been "randomly" stopped. I've been stopped often enough for legit reasons, namely the fact that I tend to drive with the pedal on the floor (not that I suggest others do the same). To steer this back on track, for the OP: The best avenue for this one is to try to take it to trial, or an early resolution. It's a very easy charge for them to prove. When you go to court or the First Attendance meeting, you can try explaining to the Prosecutor you made a mistake, you realized it when the officer stopped you, etc. Sometimes they have bigger fish to fry and withdraw the charge, or they offer something else. No guarantees, but that's about your best option at this point. Or, there's an isolated chance the cop may not show up for the court date (don't bet on that one).
I'll just post the key stuff right here:
Conclusion
While the routine check is an arbitrary detention in violation of s. 9 of the Charter, the infringement is one that is reasonable and demonstrably justified in a free and democratic society. As a result, s. 189a(1) of the Highway Traffic Act is a valid and constitutional legislative enactment. There is no need to read the section down as did Tarnopolsky J.A. in the Court of Appeal or to qualify it in any way. Having come to this result, it is not necessary to deal with the arguments raised under s. 24(2).
The answers to the constitutional questions posed are:
1.Is section 189a(1) of the Highway Traffic Act, R.S.O. 1980, c. 198, as amended by s. 2 of the Highway Traffic Amendment Act, 1981 (No. 3), S.O. 1981, c. 72, inconsistent with ss. 7, 8 and 9 of the Canadian Charter of Rights and Freedoms to the extent that it authorizes the random stop of a motor vehicle and its driver by a police officer acting without any reasonable grounds or other articulable cause to believe that an offence has been committed, when such stop is not part of an organized procedure such as the R.I.D.E. programme?
Answer:Section 189a(1) of the Highway Traffic Act, R.S.O. 1980, c. 198 as amended by s. 2 of the Highway Traffic Amendment Act, 1981 (No. 3), S.O. 1981, c. 72, is not inconsistent with ss. 7 or 8 of the Canadian Charter of Rights and Freedoms but is inconsistent with s. 9.
2.If the answer to question 1 lies in the affirmative, can s. 189a(1) of the Highway Traffic Act be justified pursuant to s. 1 of the Charter?
Answer:Section 189a(1) of the Highway Traffic Act can be justified pursuant to s. 1 of the Charter.
The appeal is therefore dismissed.
And further above in the text:
The means chosen is the incidental random spot check, not part of an organized program like R.I.D.E. and not a stop based on some articulable cause. It is now well settled that these latter methods of stopping drivers are justifiable under s. 1. (See Dedman, supra, Hufsky, supra, and the lower court judgment in this case, in particular the judgment of Tarnopolsky J.A. of the Court of Appeal.)
In my view the random stop is rationally connected and carefully designed to achieve safety on the highways. The stops impair as little as possible the rights of the driver. In addition, the stops do not so severely trench on individual rights that the legislative objective is outweighed by the abridgement of the individual's rights.
The majority decision of the SCOC was that it was permissible to randomly stop drivers, outside of a RIDE program.
EDIT: Just to add, agree or disagree, that's what they said. Truth be told, I haven't been "randomly" stopped. I've been stopped often enough for legit reasons, namely the fact that I tend to drive with the pedal on the floor (not that I suggest others do the same).
To steer this back on track, for the OP: The best avenue for this one is to try to take it to trial, or an early resolution. It's a very easy charge for them to prove. When you go to court or the First Attendance meeting, you can try explaining to the Prosecutor you made a mistake, you realized it when the officer stopped you, etc. Sometimes they have bigger fish to fry and withdraw the charge, or they offer something else. No guarantees, but that's about your best option at this point. Or, there's an isolated chance the cop may not show up for the court date (don't bet on that one).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Oh wow, my apologies here to you guys. I obviously need to spend a few more years becoming well-versed in the law regarding the HTA. It's contradicting because in criminal law, they cannot stop you without reasonable cause. When charged with an offence, you are in theory being criminally charged (as opposed to civily) - therefore the laws regarding the Charter 'should' be in affect. I disagree with: Simply because, giving cops this privilege allows it to be a 'witch hunt'. What stops cops from racial profiling, what stops cops from being nuisances to certain individuals because they can? Nothing. Particularly, the case ruled one of the reasons for approving this as the 'cost of programs' such as RIDE, etc, organized stops not being reasonably affordable in rural areas - I find that a poor excuse. In reading over the law, it's hard to get all the facts right now because I can't access the act they are citing (due to changes in the HTA) - but it serves no purpose in arguing against the SCC no matter how absurd I may find it. Once again apologies, I was wrong in the matter. Concerning the bolded - the irony of it is, now, 25 years later - that can be seriously disputed, in multiple facets, but I won't get into that.
Oh wow, my apologies here to you guys. I obviously need to spend a few more years becoming well-versed in the law regarding the HTA. It's contradicting because in criminal law, they cannot stop you without reasonable cause. When charged with an offence, you are in theory being criminally charged (as opposed to civily) - therefore the laws regarding the Charter 'should' be in affect.
I disagree with:
Officers can stop persons only for legal reasons -- in this case reasons related to driving a car such as checking the driver's licence and insurance, the sobriety of the driver and the mechanical fitness of the vehicle.
Simply because, giving cops this privilege allows it to be a 'witch hunt'. What stops cops from racial profiling, what stops cops from being nuisances to certain individuals because they can? Nothing. Particularly, the case ruled one of the reasons for approving this as the 'cost of programs' such as RIDE, etc, organized stops not being reasonably affordable in rural areas - I find that a poor excuse. In reading over the law, it's hard to get all the facts right now because I can't access the act they are citing (due to changes in the HTA) - but it serves no purpose in arguing against the SCC no matter how absurd I may find it.
Once again apologies, I was wrong in the matter.
Finally, it must be shown that the routine check does not so severely trench upon the s. 9 right so as to outweigh the legislative objective. The concern at this stage is the perceived potential for abuse of this power by law enforcement officials. In my opinion, these fears are unfounded. There are mechanisms already in place which prevent abuse. Officers can stop persons only for legal reasons, in this case reasons related to driving a car such as checking the driver's licence and insurance, the sobriety of the driver and the mechanical fitness of the vehicle. Once stopped the only questions that may justifiably be asked are those related to driving offences. Any further, more intrusive procedures could only be undertaken based upon reasonable and probable grounds. Where a stop is found to be unlawful, the evidence from the stop could well be excluded under s. 24(2) of the Charter.
Concerning the bolded - the irony of it is, now, 25 years later - that can be seriously disputed, in multiple facets, but I won't get into that.
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…