Search found 632 matches

by Bookm
Tue Apr 08, 2008 9:40 am
Forum: Failing to obey signs
Topic: "Disobey Sign" S.182 (2)
Replies: 18
Views: 13139

Re: "Disobey Sign" S.182 (2)

I had no idea the officer has the ability to issue another ticket within 30 days after he issued me the first one.

I was recently helping a co-worker fight a ticket. The officer took it upon himself to write a different charge on the ticket, to give her a break. My co-worker felt she was innocent of the original charge, so she wanted to fight it ...
by Bookm
Tue Apr 08, 2008 9:24 am
Forum: General Talk
Topic: Rules of the Road when Parallel Parking?
Replies: 2
Views: 3456

Re: Rules of the Road when Parallel Parking?

I also signal well in advance, then slow considerable as I approach the spot. Then as I pass the empty spot, I sort-of "arc" my car inward a tad. After all those hints that I'm parking, the guy behind me is STILL crowding me from behind, I just throw it in park until he gets gets a clue and either backs up or goes around.

Don't worry too much ...
by Bookm
Mon Apr 07, 2008 2:30 pm
Forum: Failing to yield the right-of-way
Topic: Start from stopped position - not in saftey
Replies: 7
Views: 19228

Re: Start from stopped position - not in saftey

The ticket probably infers that HE has no witnesses.

The Crown is not in charge of the trial. The Justice of the Peace (JP = Judge) is. The Crown is the attorney who's job it is to convict you. He/she does this by questioning his own witnesses (usually just the cop) under oath during the actual trial. After the Crown is done questioning him, then ...
by Bookm
Mon Apr 07, 2008 11:33 am
Forum: Failing to yield the right-of-way
Topic: Start from stopped position - not in saftey
Replies: 7
Views: 19228

Re: Start from stopped position - not in saftey

Fight the ticket. I've won much harder ones
Write out a list of questions to ask the officer on the stand.
Take your passenger as a witness.
Call your witness when the JP indicates it's your turn to put on a defense.
Be sure to ask questions that will reflect the change in stories.
Summarize your case with a good closing argument (when instructed ...
by Bookm
Mon Apr 07, 2008 11:23 am
Forum: Failing to obey signs
Topic: "Disobey Sign" S.182 (2)
Replies: 18
Views: 13139

Re: "Disobey Sign" S.182 (2)

It IS legal to pass on a solid line in Ontario. The cop is just coppin' an attitude about being passed. Fight the ticket. Don't let yourself get tricked into a plea-bargain by the Crown at trial. You have 15 days to decide your plea. Wait for about 12 or 13 days from the offence date and get your ticket down to the courthouse listed on the back ...
by Bookm
Mon Apr 07, 2008 10:42 am
Forum: General Talk
Topic: History of offences
Replies: 1
Views: 2311

Re: History of offences

I'd really like to know this too. I have over twenty tickets but I can't remember many of them from my teenage years. My local license office told me they can't go all the way back. At my last trial, the Crown had my record back 11 years.
by Bookm
Mon Apr 07, 2008 10:30 am
Forum: General Talk
Topic: Headlight ticket
Replies: 4
Views: 7428

Re: Headlight ticket

I met with the person (a judge maybe?) and he got rid of the ticket right then so it never made it to court.

It was probably the Crown Attorney (Prosecutor). I'm pretty sure this is a Strict Liability offense, which means the Crown can win a conviction based on the illegal act, but you can defeat the charge by showing you exercised "due ...
by Bookm
Mon Apr 07, 2008 10:21 am
Forum: General Talk
Topic: Police crackdown on enthusiasts parked in a parking lot.
Replies: 5
Views: 3218

Re: Police crackdown on enthusiasts parked in a parking lot.

Ya, Fantino will be all over THAT one. Just remember, you can't be ticketed for HTA infractions on private property here in Ontario.
by Bookm
Thu Apr 03, 2008 8:33 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 68 over ..
Replies: 19
Views: 7008

Re: 68 over ..

When the stakes are this high, I would strongly recommend seeking the services of a lawyer familiar with that court. You won't get off scott free, but he'll be your best bet for winning an acceptable plea bargain withe crown.

Was your car towed? License pulled for a week? etc?
by Bookm
Thu Apr 03, 2008 8:36 am
Forum: General Talk
Topic: Charter of rights violated?
Replies: 5
Views: 3526

Re: Charter of rights violated?

Of course the Crown will argue for as many continuances as necessary, and they will be granted unless you aggressively appose them.

So now I would just lay low until your next court date and hope the Disclosure doesn't arrive. If the Crown motions for another continuance for ANY reason, be prepared to explain to the JP that you have already ...
by Bookm
Wed Apr 02, 2008 9:24 am
Forum: General Talk
Topic: Hello Driver's Liscense Info Needed.
Replies: 14
Views: 4327

Re: Hello Driver's Liscense Info Needed.

Sure, you can read from documents. Just cut/paste/print out the statue above. You can read from it. The Crown knows the statute and won't challenge you're copy.

The Justice of the Peace plays the role of the judge, but is not an actual "judge". The Crown is the prosecuting attorney and the cop is his witness. There will be a court clerk and a ...
by Bookm
Tue Apr 01, 2008 7:07 pm
Forum: Failing to obey signs
Topic: "disobey sign"
Replies: 5
Views: 3870

Re: "disobey sign"

I'm not real clear on the setting. You drive along and come to the first street with "no left" sign. You proceed along to the second street, also a "no left". If you drove on to the third street, there's a stop sign allowing for a left turn, but is very busy. So you turned at the second street despite the "no left" sign?

no-turn signs are often ...
by Bookm
Tue Apr 01, 2008 6:54 pm
Forum: General Talk
Topic: Hello Driver's Liscense Info Needed.
Replies: 14
Views: 4327

Re: Hello Driver's Liscense Info Needed.

... I'll never find that thread, but I DO remember being PO'd because I received a Fail to Show License not long before reading it. I thought I was "all smart and junk" because I got it dropped in exchange for a guilty plea on a second offense, only to later learn of this loophole. The Crown must have been chuckling for a good 1/2 hour after that ...
by Bookm
Tue Apr 01, 2008 5:48 pm
Forum: General Talk
Topic: Racing a motor vehicle case
Replies: 1
Views: 2591

Re: Racing a motor vehicle case

172. (1) No person shall drive a motor vehicle on a highway in a race or on a bet or wager. R.S.O. 1990, c. H.8, s. 172 (1).
Penalty
(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or ...
by Bookm
Tue Apr 01, 2008 3:49 pm
Forum: General Talk
Topic: New charge? Fail to pull to left to avoid collision
Replies: 3
Views: 7007

Re: New charge? Fail to pull to left to avoid collision

Seems like an easy win to me.
by Bookm
Tue Apr 01, 2008 2:47 pm
Forum: General Talk
Topic: Hello Driver's Liscense Info Needed.
Replies: 14
Views: 4327

Re: Hello Driver's Liscense Info Needed.

I have seen on the police forum that verbal identification is adequate per subsection (3) below. I'll see if I can find that thread.

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 ...
by Bookm
Mon Mar 31, 2008 5:52 pm
Forum: General Talk
Topic: New charge? Fail to pull to left to avoid collision
Replies: 3
Views: 7007

Re: New charge? Fail to pull to left to avoid collision

Did he write the Section number on the ticket?

If not, I would plead not-guilty and file a motion at trial for dismissal based on inadequate charging document. It's odd that the cop didn't charge you with Following too Close.
by Bookm
Thu Mar 27, 2008 1:18 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at STOP sign
Replies: 1
Views: 3146

Re: Fail to stop at STOP sign

136. (1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the ...
by Bookm
Thu Mar 27, 2008 12:58 pm
Forum: Failing to obey signs
Topic: HTA 144(9) Those Damn signs. What are my chances of winning?
Replies: 4
Views: 5610

Re: HTA 144(9) Those Damn signs. What are my chances of winning?

You have 15 days from the date of offense to file your not-guilty plea with the court (all instructions are on the back of the ticket <check>).

Take pictures of the obscured sign.

My argument would be that we (as drivers) signal our turns in advance so as to warn others of our intentions. Signs prescribed under R.R.O. 1990, Reg. 615 of the ...
by Bookm
Mon Mar 24, 2008 7:01 pm
Forum: General Talk
Topic: Red Light Camera's in Toronto - Do they make streets safer?
Replies: 1
Views: 2777

Re: Red Light Camera's in Toronto - Do they make streets safer?

Red-Light Cameras have been proven (in Ontario) to be ineffective as a safety system. It is a VERY good "taxation" system though.

A Letter-to-the-editor I wrote a few years ago:

NO to red-light cameras

Several days ago I read a Letter To The Editor written by Jim Flanagan who stated that all city intersections should be equipped with hidden ...
by Bookm
Mon Mar 24, 2008 6:42 pm
Forum: Improper right turn
Topic: TRAFIC TICKET: Interfere with trafic
Replies: 6
Views: 12647

Re: TRAFIC TICKET: Interfere with trafic

yngblk..

This is called "highjacking" a thread, which is bad. You need to create a new thread with a new Subject. Typically, others won't Reply to a highjacked thread.
by Bookm
Tue Mar 18, 2008 8:33 pm
Forum: Failing to obey signs
Topic: No U Turn (Display Sign)
Replies: 4
Views: 4456

Re: No U Turn (Display Sign)

OK, I thought there might be a driveway somewhere between the sign and the point where you turned. But there isn't, so I don't see any defense to the charge. They can't post a sign every 50 feet. You have to assume the sign would be binding at least until the next driveway or intersection.

Also, no U-turn can be made at a curve if apposing traffic ...
by Bookm
Tue Mar 18, 2008 10:33 am
Forum: Failing to obey signs
Topic: No U Turn (Display Sign)
Replies: 4
Views: 4456

Re: No U Turn (Display Sign)

I can't figure out your route. You said you made a right out of Cosco on to Warden (heading north), then made a u-turn on Warden and were (still) heading north. Refer to the image and clarify please.

Image
by Bookm
Mon Mar 17, 2008 2:22 pm
Forum: General Talk
Topic: Forum Lag
Replies: 1
Views: 2129

Forum Lag

Why does this Forum lag so much? It takes over 10 seconds for a any thread to be opened, replied to, etc. When surfing around the site, these lags really add up to an uncomfortable amount of time.
by Bookm
Mon Mar 17, 2008 2:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Representing myself in court
Replies: 1
Views: 3081

Re: Representing myself in court

5.)What would "you" personally do if you were in my situation?

I'm sure it will be too late to reschedule with a phone call. You should attend court on time and when your case is called, ask the "JP" (Justice of the Peace) for a "Continuance" to a later date due to the death in the family. You will almost certainly be granted one Continuance ...
by Bookm
Mon Mar 17, 2008 2:04 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Proceed before green. HTA 144 (18)
Replies: 13
Views: 6355

Re: Proceed before green. HTA 144 (18)

The statute does allow you to turn right on a red light (after stopping), but I doubt you're going to find judge/JP anywhere that would agree with your definition of "right turn". Come on, veering a little to the right then left is hardly a right turn. I wouldn't just pay it though. I'd ask the crown to consider amending to Improper Right Turn (2 ...
by Bookm
Fri Mar 14, 2008 9:08 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Proceed before green. HTA 144 (18)
Replies: 13
Views: 6355

Re: Proceed before green. HTA 144 (18)

You mean you didn't even drive up the road a little ways before you made your u-turn? It sounds like you just made a shallow "arc" around the crosswalk. Hmmm..

I just did a search in the HTA for a minimum distance a u-turn can be made from an intersection, but I couldn't find anything (only 150m to railways, curves, etc).

In MY scenario, I drive ...
by Bookm
Fri Mar 14, 2008 8:49 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144.18
Replies: 13
Views: 5298

Re: HTA 144.18

Then I'd go back to this plan:

If it were me, I'd not speak to the Crown. I'd plead not-guilty and wait for my trial date. I would not file for Disclosure. I would wait until the Crown has finished questioning his witness (the officer). Then when it's my turn to question the officer:

- "Was I facing a circular red light?"
<NO>

- "Did I proceed ...
by Bookm
Thu Mar 13, 2008 3:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Proceed before green. HTA 144 (18)
Replies: 13
Views: 6355

Re: Proceed before green. HTA 144 (18)

There is one very long red light in town here that I often do the same maneuver. I know in some states there are "anti-avoidance" laws in place to prevent these u-turns and cutting through parking lots. But I don't know of any in the HTA. In my opinion, you did nothing illegal and should ask the officer (at trial):

1) Did I stop at the red light ...