Search found 91 matches

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: 2427

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: 3810

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: 2880

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: 6524

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: 2595

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: 33331

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: 33331

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: 33331

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: 33331

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: 6634

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: 6634

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: 10110

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: 10110

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: 10512

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: 11890

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 ...