Search found 91 matches

by Biron
Mon Jul 05, 2010 12:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 32km/h reduced to 15km/h then and amended back to 32km/hr
Replies: 14
Views: 4073

Re: 32km/h reduced to 15km/h then and amended back to 32km/hr

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Hi Simon :


If you go to court but plead guilty, you will be convicted of 15 k/h over, the fine will go up to $47.00 plus court cost and victim surcharge for a total payable of $60.00 .

15 over = $37.50 + $10 victim surcharge + $5 court cost = $52.50

Your calculation is based on Schedule B of the HTA Set Fines:
a) 1-19 kilometres per hour ...
by Biron
Mon Jul 05, 2010 11:07 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 32km/h reduced to 15km/h then and amended back to 32km/hr
Replies: 14
Views: 4073

Re: 32km/h reduced to 15km/h then and amended back to 32km/hr

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Hi ejeffay :

March 17th (st. patricks day)

i got a 32km/hr reduced to 15km/h and chose to fight it ...this was hwy 406 northbound st. catharines

set total payable $52.50 for HTA 128


Got court date of October 18th, 2010
I was sent back disclosure containing:

...
-2 pages with 2 pages photocopied each of officer notes
AND
-Charge screening ...
by Biron
Sat Jul 03, 2010 10:45 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign Ticket
Replies: 10
Views: 5806

Re: Disobey Stop Sign Ticket

Simon Borys wrote:In summary, POA reform...great idea!
Thanks Simon. I'm sorry I misspelled you name switching the Y and the I.

Cheers.
by Biron
Sat Jul 03, 2010 3:11 am
Forum: General Talk
Topic: officer's narrative style in disclosure
Replies: 2
Views: 1993

Re: officer's narrative style in disclosure

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Hi Mr. Peabody :


THIS IS MY OPINION AND NOT LEGAL ADVICE

... Charged with a red light offence 144/18 ($325.00 + 3 points). Plead guilty to ignoring lane light 144/10, which I don't really understand ($115.00, no points). I think I made the right choice.

I believe you did make the right choice. If unrepresented and without court ...
by Biron
Fri Jul 02, 2010 4:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign Ticket
Replies: 10
Views: 5806

Re: Disobey Stop Sign Ticket

Biron: That's an interesting development... Keep me posted...

Sure; I will.

You can read the entire POA Consultation Paper at:
http://www.lco-cdo.org/en/provincial-offences-consultation-paper

And you can give feedback and let them know how you feel about it at the following link:
http://www.lco-cdo.org/content/tell-us-what-you-think

Maybe we ...
by Biron
Thu Jul 01, 2010 6:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: question about a 69 in a 50
Replies: 7
Views: 2553

Re: question about a 69 in a 50

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Hi ashley_10

Just wanted to update:

I just got home and I had a letter from toronto courts saying I was convicted and I have till july 9th to pay a $60 fine , this confuses and scares me as I did file to get a court date and they stamped my ticket approving the filing and the ticket it self says wait 6 months for a date to be mailed, it has ...
by Biron
Thu Jul 01, 2010 12:41 am
Forum: Failing to obey signs
Topic: HTA 182(2) Queen Street/Airport Road in Brampton
Replies: 13
Views: 4872

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

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Hi Wilchris :

---> this is an opinion and NOT legal advice <---

I am guessing and assuming that you are referring to the intersection of Queen St. and Airport Rd. in Brampton .

If my assumption is correct, Airport Rd., northbound approaching Queen St., has 6 lanes; counting from left to right:

Lanes #1 and #2 are left turning lanes.
Lanes ...
by Biron
Wed Jun 30, 2010 3:31 pm
Forum: Courts and Procedure
Topic: Can I appeal a suspended licence ? I REALLY need some help!
Replies: 17
Views: 27845

Re: Can I appeal a suspended licence ? I REALLY need some help!

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It might be a little too late in replying but this is an interesting issue.

Respectfully, I tend to agree with Epad and xjonathan . There are many reasons why someone didn't or couldn't pay a fine. Some of them are cover under the re-opening procedure. Others are not and yet they may have a logical and reasonable explanation.

The issue of ...
by Biron
Wed Jun 30, 2010 11:15 am
Forum: General Talk
Topic: Case law regarding a justice or prosecutor changing a charge
Replies: 7
Views: 2514

Re: you might be surprised

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..
Hi Mr. Peabody :

...a JP who allows officers to rewrite tickets right in court during trial.
...a conviction under a rewritten ticket like that would be quashed with prejudice on appeal.

The key words are ' rewrite tickets '. If it is an amendment under s. 34 of the HTA, it can lawfully done under certain circumstances. In the case of ...
by Biron
Tue Jun 29, 2010 1:50 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign Ticket
Replies: 10
Views: 5806

Re: Disobey Stop Sign Ticket

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Hi Radar :

...try to plea-bargain to a by-law infraction. That's probably your best choice. The Prosecutor will likely offer you a deal before the trial starts.

By-law infractions aren't HTA. Many cities have by-laws relating to traffic, for example Ottawa has things like "disobey traffic signal" and "disobey official sign," which officers ...
by Biron
Sat Jun 26, 2010 2:02 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need help in a ticket on 401, speeding 144km/hr on Radar
Replies: 2
Views: 3776

Re: Need help in a ticket on 401, speeding 144km/hr on Radar

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..
Hi mmqureshi

THIS IS NOT LEGAL ADVICE. IT IS MERELY AN OPINION [/color].


... Suddenly another cop car pulled over and there was a lady officer and she asked us that is she pregnant? How many months she is due now & when the due date is. I told her everything that she is 6 months already and almost 3 more to go.
...
Anyways, after 5 more ...
by Biron
Fri Jun 25, 2010 1:32 pm
Forum: General Talk
Topic: braking distances accepted by courts
Replies: 5
Views: 2767

Re: braking distances accepted by courts

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..
Hi Peabody

I'm refuting a ticket where the officer claims I should have been able to stop a car going 50 km/h in 10 to 15 feet.

Is it a Careless Driving ticket?

If there was a motor vehicle collision, it sounds like following too closely .

The table in section 3 of the HTA, R.R.O. 1990, Reg. 587, indicates that at 20 miles/hour (32.18 ...
by Biron
Sun Jun 20, 2010 10:48 am
Forum: Failing to obey signs
Topic: HTA 182(2) @ Bay & Edward
Replies: 2
Views: 2215

Re: HTA 182(2) @ Bay & Edward

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Hey Asyrol I took a look at Google streetview and there is indeed a sign on the North West corner of the intersection, but it was like Where's Waldo trying to see it, especially at the time when I was just trying to figure out where I was and not get run over. It's not in the usual sort of place you'd look for signs pertaining to a turn you're ...
by Biron
Sun Jun 20, 2010 1:54 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) via traffic camera
Replies: 5
Views: 2533

Re: HTA 144(18) via traffic camera

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Radar Identified wrote:Just to add...

If it was a ticket originated from a red light camera, there will also be NO insurance increase. Same effect as a parking ticket.
Exactly!
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by Biron
Sat Jun 19, 2010 8:34 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket please.
Replies: 8
Views: 3395

Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple

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Hi vickfan43 .
Hello.
I was recently driving Northbound on Kipling, just south of Eglington. As I went through the intersection a black, undercover police cruiser turned its lights on and pulled me over. I believed I had been going approx. 80 - 85.

I was polite, but I could not fully understand the officer because of an accent, but from ...
by Biron
Sat Jun 19, 2010 7:53 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) via traffic camera
Replies: 5
Views: 2533

Re: HTA 144(18) via traffic camera

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..
Munsta :

... traffic cam saw the car .5 seconds before the light turned and it was red 1.5 seconds before "i drove through" but i remember it captured the plate while i was in the last part of the intersection...

do i really have any defense here or should i fork out the 325 and eat my 3 points

If by traffic cam you mean red light camera ...
by Biron
Sat Jun 19, 2010 6:57 pm
Forum: Failing to slow and carefully pass a stopped emergency vehicle
Topic: Urgent Help needed, thank you.
Replies: 2
Views: 3923

Re: Urgent Help needed, thank you.

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The sergent said he "had to charge me with something" and gave me a ticket for failing to slow down and leave room for an emergency vehicle.

It would be helpful if you posted the section number under which you were charged.

Probably is s. 159 (2), formerly 159.1 (1)

Slow down on approaching stopped emergency vehicle

159. (2) Upon ...
by Biron
Fri Jun 18, 2010 12:37 pm
Forum: Courts and Procedure
Topic: What happens to demerit points while matter is under appeal?
Replies: 3
Views: 2953

Re: What happens to demerit points while matter is under appeal?

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Hi Bear :

Kudos to you! Not everyone knows this stuff.

Under 199 (3) of the HTA, a police officer has to forward an MVC report to the Registrar. How do you do that? By what means?

HTA OREG 339/94
5. (1) If a person convicted of an offence set out in Column 1 of the Table appeals the conviction and notice of the appeal is served on the ...
by Biron
Thu Jun 17, 2010 3:14 am
Forum: Courts and Procedure
Topic: Prosecutor appealing my dismissal
Replies: 23
Views: 7025

Re: Prosecutor appealing my dismissal

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No doubt that some people within the Crown Prosecutor's office (and possibly the Ministry of the Attorney General) had a cow when the JP ruled in mdevo's favour...

I agree.

In this case it would be the city prosecutor bringing the appeal, under the Transfer Agreement , and not the Crown.

However, you would not believe the amount of ...
by Biron
Wed Jun 16, 2010 6:34 pm
Forum: Courts and Procedure
Topic: Lack of disclosure or absent officer; only one or the other?
Replies: 2
Views: 2658

Re: Lack of disclosure or absent officer; only one or the ot

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I answered that I wanted to go to trial, thinking that I'll ask for an adjournment, and she gives me a surprised look, and in a surprised voice, asks,

"You want to go to trial without disclosure?? Or do you want to ask for another date?" This is the first question I have -- if I'd suspected that the officer was absent, what should I have ...
by Biron
Tue Jun 15, 2010 5:08 pm
Forum: Failing to report a collision to a police officer
Topic: HTA s.199 - Duty to Report Accident
Replies: 23
Views: 33959

Re: Fail to Report

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...
As a qualified licensed paralegal with a background in hit and run accidents, I would have approached this case with my client in an entirely different manner to win it.

You see, you stated that you would have approached this case with your client in an entirely different manner to win it.

But then you do not tell us what is that ...
by Biron
Tue Jun 15, 2010 3:49 pm
Forum: Failing to report a collision to a police officer
Topic: HTA s.199 - Duty to Report Accident
Replies: 23
Views: 33959

Re: HTA s.199 - Duty to Report Accident

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..
... Hey Radar, don't bother. Thanks anyway.

You know, this is one of the reasons paralegals were regulated. Too many of them just f....g around. You would have thought that now paralegals are real professionals who follow an strict code of ethics.

Every single post you've made today basically says "you need to hire a paralegal, you need ...
by Biron
Tue Jun 15, 2010 3:35 pm
Forum: Failing to report a collision to a police officer
Topic: HTA s.199 - Duty to Report Accident
Replies: 23
Views: 33959

Re: HTA s.199 - Duty to Report Accident

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Hey Radar :

Without getting into too many details, it seemed to me that Biron was trying to poll the group for interest's sake rather than to
seek advice... but I could be wrong.

I started this topic on June 2, 2010. The case was dealt with on November 05, 2009.

And I started this topic exactly for the reasons you stated.

Incidentally ...
by Biron
Tue Jun 15, 2010 3:12 pm
Forum: Failing to report a collision to a police officer
Topic: HTA s.199 - Duty to Report Accident
Replies: 23
Views: 33959

Re: Fail to Report

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..
........................ Are you serious?
........................ You didn't read the entire thread, did you?



You are representing a "Client" and your asking for advice on a forum????

Doesn't sound to me that you should be representing anyone. Are you a licensed paralegal? You have to be licensed by the Law Society of Upper Canada to ...
by Biron
Mon Jun 14, 2010 8:10 pm
Forum: Traffic Offences Outside Ontario
Topic: speeding in Nova Scotia (disclosure)
Replies: 5
Views: 6731

Re: Proper disclosure

If I remember correctly (have not used the above device in 9yrs, currently only use Laser Atlanta), the testing for that unit mentioned above is:
- display integrity test (ensures all LED digits are functioning)
- scope alignment test (horizontal and vertical tests to ensure aiming device is accurate)
- fixed distance test
there also might be a ...
by Biron
Mon Jun 14, 2010 2:00 pm
Forum: Traffic Offences Outside Ontario
Topic: speeding in Nova Scotia (disclosure)
Replies: 5
Views: 6731

Re: Proper disclosure

Hi Bear :

The normal tests are the direction test, which is performed by aiming to a vertical object, a light pole for instance, and moving the aim from side to side at which time the device should report the distance differences.

The second test is to aim the device to an object at a known distance and verify that the device reports that ...
by Biron
Mon Jun 14, 2010 1:30 pm
Forum: Following too closely
Topic: Following too closely ticket with contact
Replies: 12
Views: 10228

Re: Following too closely ticket with contact

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Hi george :

ALSO , as I was stopped after hitting the car in front of me, 2 seconds later the vehicle traveling behind me hit me and squeezed between me and the center barrier and cause almost $8 000 worth of damage ! She received to charge or ticket whatsoever. [/color]

yeah sorry I meant to say she received NO charge whatsoever

I can ...
by Biron
Sun Jun 13, 2010 11:34 am
Forum: Following too closely
Topic: Following too closely ticket with contact
Replies: 12
Views: 10228

Re: Following too closely ticket with contact

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Hi george
george wrote:...She received to charge or ticket whatsoever.
Do you mean:"She received no charge or ticket whatsoever." ?
..
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by Biron
Fri Jun 11, 2010 9:15 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 160km/h on the QEW Niagara going to Hamilton
Replies: 18
Views: 10894

Stunt driving

alright so i got my disclosure and i noticed an error in it. The police statements say they observed a silver van motor vehicle at a very high rate of speed. However i was driving a green vehicle its green and always has been green. The vehicle registration even says my vehicle is green.

Will this help me at all?

It should help to raise a ...
by Biron
Wed Jun 09, 2010 8:00 pm
Forum: Careless Driving
Topic: Swerved to avoid animal then charged with Careless driving
Replies: 14
Views: 12025

Re: Swerved to avoid animal then charged with Careless driving

...
..
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...Like I said, it's a weak charge and it could most likely be beat in court (and I hope that it is being fought) but I don't necessarily fault the officer for laying the ticket. That's the point I was trying to get across in my earlier statements.

I still think the charges should have not been made. Notwithstanding, I think you make a ...