http://www.star-telegram.com/804/story/1255818.html While the province doesn't directly make money out of 172 seizures (towing companies and impound lots do), I can see 2 ways how it can be abused here. 1) While a great majority of police constables are completely clean, denying the existence of police corruption is an idiocy. If a constable receives kickbacks from the tow operators/impound lots, (s)he's more likely to charge someone of street racing. Kind of like that judge south of the border who received kickbacks from a private prison (and he had a 4x higher sentencing to incarceration rate compared to other judges in the area). 2) 172 can be used as an intimidation tool to force vehicle operators not to dispute less serious charges. That means more ticket revenue, especially these days when fewer people are driving and the vehicles are more fuel-efficient, so the money's getting tight.
More than 140 people reluctantly accepted that deal from June 2006 to June 2008, according to court records. Among them were a black grandmother from Akron, Ohio, who surrendered $4,000 in cash after Tenaha police pulled her over, and an interracial couple from Houston, who gave up more than $6,000 after police threatened to seize their children and put them into foster care, the court documents show. Neither the grandmother nor the couple were charged with or convicted of any crime.
Officials in Tenaha, situated along a heavily traveled state highway connecting Houston with several popular gambling destinations in Louisiana, say they are engaged in a battle against drug trafficking, and they call the search-and-seizure practice a legitimate use of the states asset-forfeiture law.
While the province doesn't directly make money out of 172 seizures (towing companies and impound lots do), I can see 2 ways how it can be abused here.
1) While a great majority of police constables are completely clean, denying the existence of police corruption is an idiocy. If a constable receives kickbacks from the tow operators/impound lots, (s)he's more likely to charge someone of street racing. Kind of like that judge south of the border who received kickbacks from a private prison (and he had a 4x higher sentencing to incarceration rate compared to other judges in the area).
2) 172 can be used as an intimidation tool to force vehicle operators not to dispute less serious charges. That means more ticket revenue, especially these days when fewer people are driving and the vehicles are more fuel-efficient, so the money's getting tight.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
So what your saying is not to use discretion in regards to any of the 172 sections. Give everyone the full hammer instead of a lessor offence which also applies. (IE...stop someone for 150km, lower it to 149km so they don't lose their vehicle and licence, and just out of courtesy let them know the repercutions of the 1km faster is intimidation?) What is not right is someone who gets such a discretion, then decides to fight that? Certainly would make one think twice before ever giving a break again?? side note....stop someone and they tell me that they will be going to court.....oh no....please don't do that......I'm worried and stressed :cry: :cry: BTW I\ll just pencil you in on my schedule with the others :shock:
FiReSTaRT wrote:
2) 172 can be used as an intimidation tool to force vehicle operators not to dispute less serious charges.
So what your saying is not to use discretion in regards to any of the 172 sections. Give everyone the full hammer instead of a lessor offence which also applies.
(IE...stop someone for 150km, lower it to 149km so they don't lose their vehicle and licence, and just out of courtesy let them know the repercutions of the 1km faster is intimidation?)
What is not right is someone who gets such a discretion, then decides to fight that? Certainly would make one think twice before ever giving a break again??
side note....stop someone and they tell me that they will be going to court.....oh no....please don't do that......I'm worried and stressed BTW I\ll just pencil you in on my schedule with the others
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
This is a fairly common scenario for me... I'm doing Xkm/h. The constable tells me that I was doing X+5 to 10 but because he's such a nice guy, he'll drop the ticket down to X. Guess what would happen if I were lidared/paced doing 140-145 on the 407........ By the way, how do they evaluate your performance on h.t.a. enforcement duty? Logic would indicate a combination of the number of charges laid and the conviction rate. (correct me if I'm wrong, as I'm curious about it) Under those circumstances, using the 172 boogeyman would do wonders for the conviction rate.
This is a fairly common scenario for me...
I'm doing Xkm/h. The constable tells me that I was doing X+5 to 10 but because he's such a nice guy, he'll drop the ticket down to X.
Guess what would happen if I were lidared/paced doing 140-145 on the 407........
By the way, how do they evaluate your performance on h.t.a. enforcement duty?
Logic would indicate a combination of the number of charges laid and the conviction rate. (correct me if I'm wrong, as I'm curious about it) Under those circumstances, using the 172 boogeyman would do wonders for the conviction rate.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
sorry, I do not understand that at all, please refresh and try again, thanx As with any job, a person has to be held accountable for their work or lack thereof. A justification for what you did. Officer "A" might have 22 charges and Officer "B" might have 73 charges. Now factor in many variables: - training - time spent sitting in court - criminal investigations - collision investigations - calls for service - completing crown briefs etc.. Charges vs conviction rate....I've never heard it mentioned....ever. If you are laying charges the same charges over and over and no convictions....something is wrong......either laying the wrong charge or you better get better evidence!
FiReSTaRT wrote:
This is a fairly common scenario for me...
I'm doing Xkm/h. The constable tells me that I was doing X+5 to 10 but because he's such a nice guy, he'll drop the ticket down to X.
Guess what would happen if I were lidared/paced doing 140-145 on the 407........
sorry, I do not understand that at all, please refresh and try again, thanx
By the way, how do they evaluate your performance on h.t.a. enforcement duty? Logic would indicate a combination of the number of charges laid and the conviction rate.
As with any job, a person has to be held accountable for their work or lack thereof. A justification for what you did. Officer "A" might have 22 charges and Officer "B" might have 73 charges. Now factor in many variables:
- training
- time spent sitting in court
- criminal investigations
- collision investigations
- calls for service
- completing crown briefs
etc..
Charges vs conviction rate....I've never heard it mentioned....ever. If you are laying charges the same charges over and over and no convictions....something is wrong......either laying the wrong charge or you better get better evidence!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Typical example: Doing 115 goin' up 400. Pulled over (OPP in this case as I was near the north end).. The constable takes my docs, they check out, comes back with the ticket basically saying "I caught you you doing 122, but I cut you a break and dropped it down to 115."
Typical example: Doing 115 goin' up 400. Pulled over (OPP in this case as I was near the north end).. The constable takes my docs, they check out, comes back with the ticket basically saying "I caught you you doing 122, but I cut you a break and dropped it down to 115."
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
So that discretion by the officer saved you about $70 and 3 demerit points...don't see a problem. Officers notes would reflect accordingly of initial speed and charged speed.
FiReSTaRT wrote:
Typical example: Doing 115 goin' up 400. Pulled over (OPP in this case as I was near the north end).. The constable takes my docs, they check out, comes back with the ticket basically saying "I caught you you doing 122, but I cut you a break and dropped it down to 115."
So that discretion by the officer saved you about $70 and 3 demerit points...don't see a problem. Officers notes would reflect accordingly of initial speed and charged speed.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Discretion? Re-read my post. I was actually doing 115. By the way, that was not the only occasion or the only vehicle for that matter where the "stated" speed was 5-10km/h less than the actual speed, but the constable "did me the favour" of "dropping" the ticket down to the actual speed. I keep all of my vehicles looking and performing up to stock specs (epecially the rims and tires) and if those big digital displays that warn drivers of their speed are correct, my speedometers weren't off. (I was gonna say "my speedos weren't off" but this is supposed to be a family-oriented forum 8) )
Discretion? Re-read my post. I was actually doing 115. By the way, that was not the only occasion or the only vehicle for that matter where the "stated" speed was 5-10km/h less than the actual speed, but the constable "did me the favour" of "dropping" the ticket down to the actual speed.
I keep all of my vehicles looking and performing up to stock specs (epecially the rims and tires) and if those big digital displays that warn drivers of their speed are correct, my speedometers weren't off. (I was gonna say "my speedos weren't off" but this is supposed to be a family-oriented forum )
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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…
)