Search found 91 matches

by Biron
Sun Jul 18, 2010 2:54 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop red light
Replies: 7
Views: 3199

Re: Fail to stop red light

dkaszper wrote:my yellow copy was not signed
Radar Identified wrote:If the ticket was electronically written, then it's still valid...
Radar. Are those tickets yellow also? I've seen a couple but i don't remember.
..
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by Biron
Wed Jul 14, 2010 3:55 pm
Forum: General Talk
Topic: Can MTO pull over civilians?
Replies: 12
Views: 23099

Re: MTO powers

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Hi fourmat :

THIS NOT LEGAL ADVICE; JUST AN OPINION

MTO officer was at the side of the road in the South Western region talking to another driver. The highway is one lane in each direction, and the ticket given to the driver was Fail To Move Into Another Lane for Emergency Vehicle (Section 159.1 (2)) MTO claims driver passed "too close" to ...
by Biron
Wed Jul 14, 2010 12:14 am
Forum: General Talk
Topic: Violation of Novice Driver Conditions BAC over 0.0
Replies: 2
Views: 2752

Re: Violation of Novice Driver Conditions BAC over 0.0

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Hi theferens :

THIS IS NOT LEGAL ADVICE

My 19 year old daughter carries a G2 license and received a 3 day roadside suspension, a $110.00 fine and a 30 day suspension for BAC over 0.00 after being stopped 2 1/2 weeks ago.

When the police officer returned to the car, he asked her to give him the keys and follow him to the rear of the car ...
by Biron
Tue Jul 13, 2010 11:46 pm
Forum: General Talk
Topic: Interpreter request
Replies: 4
Views: 2051

Re: Interpreter request

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Hi Flyview :

... in a smaller town, they may have a pretty hard time finding an interpreter.

Now, I am fluent in English, but I wasn't born here, and could pretend...

Is this risky or do lots of people do this?

Spanish is my first language and I get a lot of Spanish speaking clients. Many times we request an interpreter for the trial.

It ...
by Biron
Tue Jul 13, 2010 5:19 pm
Forum: General Talk
Topic: Trial/disclosure strategy for Speeding ticket
Replies: 8
Views: 12094

Re: Trial/disclosure strategy for Speeding ticket

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Hi ftuk

THIS IS NOT LEGAL ADVICE

So I was driving up north and was pulled over by an OPP SUV for doing 31 over . Cop drove past me, u-turn and pulled me over. Ticket was reduced to 15 over
Now, thats a sweet deal!! 31-over on conviction means 4 demerit points to your record. The speeding offence was lowered 2 point-brackets. Not unheard of ...
by Biron
Sun Jul 11, 2010 2:55 am
Forum: Careless Driving
Topic: Careless Driving - Abusive Officer/Illegal Search
Replies: 13
Views: 3908

Re: Careless Driving - Abusive Officer/Illegal Search

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Hi Admin :

I think we are stating somewhat the same thing in different words.

One of the Supreme Court's decision and landmark respecting "unreasonable search" is R. v. Mellenthin, [1992] 3 S.C.R. 615 .

Charter, s. 8 Everyone has the right to be secure against unreasonable search or seizure .

In that case it was determined that a police ...
by Biron
Sat Jul 10, 2010 7:36 pm
Forum: Careless Driving
Topic: Careless Driving - Abusive Officer/Illegal Search
Replies: 13
Views: 3908

Re: Careless Driving - Abusive Officer/Illegal Search

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Hi Admin :

Next time, give the officer your keys and ask him to open your trunk himself.

The issue is whether or not Jaycobian gave authorization to the search voluntarily.

Giving the Officer the key to the trunk is not really different from opening the trunk for him. Both acts may be proven to have been done under compulsion, particularly ...
by Biron
Sat Jul 10, 2010 4:55 pm
Forum: Careless Driving
Topic: Careless Driving - Abusive Officer/Illegal Search
Replies: 13
Views: 3908

Re: Careless Driving - Abusive Officer/Illegal Search

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Hi Simon :

There is a limitation period to sue the OPP.
. How long is that period?

I don't know. The Crown is legally liable for the OPP.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p15_e.htm#s50s1

All legal actions against the Crown are under the jurisdiction of the Proceedings Against the Crown Act . I did not find ...
by Biron
Fri Jul 09, 2010 10:57 pm
Forum: Careless Driving
Topic: Careless Driving - Abusive Officer/Illegal Search
Replies: 13
Views: 3908

Re: Careless Driving - Abusive Officer/Illegal Search

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Hi Jaycobian

... the officer ... pulled me over. His first question was "are you going to the beach"(exact words), my brother replied, "yes kelso beach", the officer then stated, "bullshit, you f***ing liars, do you see the grey hair, you think i have been putting on this uniform for 20 years and i dont know what you are doing, you arent ...
by Biron
Fri Jul 09, 2010 9:45 pm
Forum: General Talk
Topic: Can MTO pull over civilians?
Replies: 12
Views: 23099

Re: Can MTO pull over civilians?

Hi fourmat :
...Just wondering about a ticket issued by an MTO officer. I have heard that in 'certain regions MTO officers are forbidden to pull over civilians'? Can anyone confirm this? How on Earth would anybody find out what region they are talking about?
Thanks in advance!
Can you give us more detailed information? What is the alleged offence ...
by Biron
Thu Jul 08, 2010 4:56 pm
Forum: Failing to obey signs
Topic: HTA 182(2) Queen Street/Airport Road in Brampton
Replies: 13
Views: 4788

Re: HTA 182(2) Queen Street/Airport Road in Brampton

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Hey Wilchris :

If you're unclear about what evidence the officer has about your alleged violation you might want to request disclosure to read his notes. Then you will be in a better position to make an informed decision about what to do next.

Did you ask for disclosure as Simon suggested?

You may also want to request copy of the by-law that ...
by Biron
Thu Jul 08, 2010 9:09 am
Forum: General Talk
Topic: right turn on red
Replies: 11
Views: 8983

Re: right turn on red

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When I'm turning on a red and the traffic across has an advance green I wait the 5 seconds for the advance to end and then I go because most of the cars enter that right lane instantly which would certainly result in a collision. Why leave it to the courts to decide who was in the right or wrong sometimes you just have to drive with common sense ...
by Biron
Wed Jul 07, 2010 7:45 pm
Forum: General Talk
Topic: right turn on red
Replies: 11
Views: 8983

Re: right turn on red

Hi Simon :

JUST MY OPINION

As you most likely know, when analyzing a piece of legislation, you have to do it both purposely and contextually.

Contextually, section 141(2) is the first indication of corresponding from and to turning lanes. Turn from the right lane enter into the right lane.

The concept of lane correspondence is again stated in ...
by Biron
Wed Jul 07, 2010 1:22 pm
Forum: General Talk
Topic: right turn on red
Replies: 11
Views: 8983

Re: right turn on red

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Hi guys:

JUST MY OPINION, NOT LEGAL ADVICE

Actually the rules are definite in a situation like this, although perhaps a little confusing.

There are two vehicles turning which come from opposite directions.

As Simon says, both vehicles are subject to s 142 (1), which curiously is under the titles: " Signalling turns and stops - Signal for ...
by Biron
Tue Jul 06, 2010 11:49 am
Forum: Failing to remain at the scene of a collision
Topic: My parked car was hit
Replies: 10
Views: 10034

Re: My parked car was hit

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Hi babygirlz05 :
I estimate between 800-1200$ worth of dammage as they scraped all down the side of my car,my question is ... can i go after them (civil) for loss of value to my car.
Unfortunately you can not sue the other driver directly for damages. Read section 263 subs (1) and (5) of the Insurance Act .

http://www.e-laws.gov.on.ca/html ...