Search found 668 matches

by Decatur
Sat Sep 15, 2018 10:58 pm
Forum: Stunt Driving
Topic: What is the effect (if any) of the alleged excessive speed not stated on the summon?
Replies: 2
Views: 231

Re: What is the effect (if any) of the alleged excessive speed not stated on the summon?

It is valid. The actual speed is not part of the short wording for a stunt offence.
by Decatur
Wed Sep 05, 2018 8:12 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticketed speed is higher than radar speed
Replies: 3
Views: 184

Re: Ticketed speed is higher than radar speed

There’s no requirement to lock the device at the highest speed obtained. It’s quite common to clear a locked speed to see if someone is speeding up or slowing down. There’s also no requirement to show you the speed displayed on the device.
by Decatur
Mon Sep 03, 2018 9:06 pm
Forum: General Talk
Topic: Introducing evidence to court, researching the law
Replies: 18
Views: 1157

Re: Introducing evidence to court, researching the law

I'm just curious, where was the alleged offence, and what type of speed measuring device was used. Some of the disclosure doesn't make sense for an officer written ticket.
by Decatur
Mon Aug 20, 2018 7:17 pm
Forum: General Talk
Topic: Red light camera if you fight and loose can it go on driving record?
Replies: 1
Views: 134

Re: Red light camera if you fight and loose căn it go on driving record?

No. The registered owner is issued the ticket. Identification of the driver isn’t necessary.
by Decatur
Fri Aug 03, 2018 7:15 pm
Forum: Courts and Procedure
Topic: officer wont disclose lidar manual due to copyright
Replies: 2
Views: 427

Re: officer wont disclose lidar manual due to copyright

https://www.canlii.org/en/on/onsc/doc/2 ... pletePos=7

Region of York v McGuigan

And it’s binding on lower courts. The only possibility of turning this one over would be taking a similar case to the Ontario Court of Appeal.
by Decatur
Mon Jun 25, 2018 7:58 pm
Forum: Stunt Driving
Topic: Something feels fishy with my stunt driving charge
Replies: 4
Views: 357

Re: Something feels fishy with my stunt driving charge

There seems to be a serious flaw in the process that the officer has followed. Under section 172(5) it states that the if the officer believes on rpg that a person has driven in contravention of subsection 1, the officer shall request that the person surrender their licence and SHALL detain the moto...
by Decatur
Sun Jun 24, 2018 3:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: calibration certificate/history?
Replies: 4
Views: 311

Re: calibration certificate/history?

In order for you to proceed wth an O’Connor application, you’re likely to spend several days in court, even before you see a trial if that’s where you end up.
by Decatur
Sun Jun 17, 2018 9:53 am
Forum: General Talk
Topic: Charge does not match ticket
Replies: 9
Views: 326

Re: Charge does not match ticket

Just so you’re aware. A 2017 OCA case R v Davis, allows the officer to modify the ticket after service in most cases.
by Decatur
Mon Jun 11, 2018 6:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 149 Km/h on 401
Replies: 3
Views: 311

Re: 149 Km/h on 401

You can’t score if you don’t shoot the puck! If you have time to go to the meeting and don’t have any convictions, they may reduce it further if you’re apologetic and don’t go in with a chip on your shoulder. If they don’t offer you anything further , you can simply offer to pay it. If y...
by Decatur
Mon Jun 11, 2018 3:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 149 Km/h on 401
Replies: 3
Views: 311

Re: 149 Km/h on 401

On the first page of the notes, last line, arrow pointing down usually means you were slowing 150 down to 149. Technically stunt driving at 150. The officer decided to charge you at 149. If you take this to trial and the officer testifies that you were driving 150, the prosecutor will probably amend...
by Decatur
Tue Apr 10, 2018 9:49 pm
Forum: General Talk
Topic: Introducing evidence to court, researching the law
Replies: 18
Views: 1157

Disclosure is the responsibility of the prosecutor. The police wont give you the manual.

That book is not used in training officers on the use of radar in Ontario. Most officers have probably never even heard of it. Depending on its publication date, it may even be very outdated.
by Decatur
Sun Apr 08, 2018 7:28 am
Forum: General Talk
Topic: Introducing evidence to court, researching the law
Replies: 18
Views: 1157

Re: Introducing evidence to court

As per this case: https://www.canlii.org/en/on/onsc/doc/2 ... sc436.html

There is no longer a requirement to provide any portion of the manual.
by Decatur
Thu Dec 14, 2017 8:11 pm
Forum: General Talk
Topic: Case Law- Disclosure of only testing pages of radar manual
Replies: 13
Views: 864

Re: Case Law- Disclosure of only testing pages of radar manu

This thread is over a year old. Please do not post to outdated threads.
by Decatur
Thu Dec 14, 2017 8:09 pm
Forum: General Talk
Topic: Emergency Court Of Appeal help excessive speed
Replies: 4
Views: 321

Re: Emergency Court Of Appeal help excessive speed

You’re not likely to get a lot of assistance with case law from Alberta. We are much more familiar with Ontario case law here.
For example, in Ontario the manual does not have to be produced nor an operator certificate.
by Decatur
Thu Dec 07, 2017 9:51 pm
Forum: General Talk
Topic: Is this running an amber light?
Replies: 8
Views: 3528

Re: Is this running an amber light?

This post is over six years old. Do not post to threads more than 30 days old unless you’re the OP. Please read the forum rules prior to posting again.

Go to advanced search