Search found 726 matches

by Decatur
Wed Mar 22, 2017 5:05 pm
Forum: Compulsory Automobile Insurance Act
Topic: Electronic Proof of Insurance Cards - accepted by LEOs?
Replies: 19
Views: 19281

Re: Electronic Proof of Insurance Cards - accepted by LEOs?

I don't accept any electronic "copy" of any documents, including insurance. How can i take an electronic copy back to my police vehicle to make notes?
by Decatur
Sun Mar 19, 2017 3:05 pm
Forum: Hand-held devices
Topic: First Timer...Please help!
Replies: 4
Views: 2074

Re: First Timer...Please help!

JP's can not reduce points assigned to an offence. They are applied after the court process is complete. The only way a JP can "reduce" the points, is to convict using an offence that has less points.
by Decatur
Sun Mar 19, 2017 1:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: exceeding speed limit by 15km/h-Trial or Pay?
Replies: 19
Views: 11852

Re: exceeding speed limit by 15km/h-Trial or Pay?

Just a heads up. It's not likely that you will get a manual or testing instructions any more due to a recent court decision.
by Decatur
Wed Mar 15, 2017 11:44 am
Forum: Parking Tickets
Topic: Parking ticket
Replies: 2
Views: 3039

Re: Parking ticket

It depends on what the ticket was for. Having a accessible parking permit in most jurisdictions simply allows you to use the designated spaces. Not park wherever and whenever you want.
by Decatur
Sun Mar 12, 2017 9:37 pm
Forum: General Talk
Topic: class g1 driver unaccompanied by a qualified driver
Replies: 21
Views: 15696

Re: class g1 driver unaccompanied by a qualified driver

Upon conviction for driving without a G driver with four years experience, your G1 licence will be suspended for 30 days, plus the fine.

http://www.mto.gov.on.ca/english/dandv/ ... .8.1.shtml
by Decatur
Sat Feb 25, 2017 1:21 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 4083

Re: Making Statements to Police Officers

That 10 days concerns forwarding the report to the registrar, not conducting the investigation. I would likely charge someone under section 199 if they decided not to furnish me with those particulars or if another party was involved, rely on their statement.
Also, I would be obligated to caution someone prior to taking a statement if I was going ...
by Decatur
Fri Feb 24, 2017 9:35 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: How far Police Radar needs to be away from Speed Limit sign?
Replies: 4
Views: 5848

Re: How far Police Radar needs to be away from Speed Limit s

That subsection only applies if the municipality makes the speed on a bridge lower than what is prescribed in subsection one.

Example: If the maximum is 50km/h then the bridge is also the same speed. The only time a municipality must post the speed would be if they make it less than that on the bridge.
by Decatur
Fri Feb 24, 2017 5:59 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 4083

Re: Making Statements to Police Officers

Just so you're aware. In the damage senario, you would be required to give the officer sufficient information to complete a collision report. Including your licence, permit and insurance. You can't "lawyer up" before providing this information.
by Decatur
Fri Feb 24, 2017 1:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: How far Police Radar needs to be away from Speed Limit sign?
Replies: 4
Views: 5848

Re: How far Police Radar needs to be away from Speed Limit s

You also might want to read the entire subsection that you posted and not pick out and hilight what benefits you. The speed in that area is 50 km/h by statute HTA section 128 (1)(a). It can be increased or decreased by the municipality by posting signs.
by Decatur
Tue Feb 21, 2017 11:41 am
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket, requested early resolution
Replies: 2
Views: 6678

Re: Received red light camera ticket, requested early resolu

Even if you don't get a reduction in the fine, most courts will allow some sort of payment plan so you're not out of pocket for the total amount all at once.
by Decatur
Tue Feb 21, 2017 9:18 am
Forum: General Talk
Topic: Incorrect street of offence
Replies: 8
Views: 2704

Re: Incorrect street of offence

And the regulation actually says "pressing a button" so as to allow the answering of calls. Not for texting or dialing a phone number.
by Decatur
Thu Feb 16, 2017 7:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure has Spd Read 120, Locked 117km/h - fine is 120kmh
Replies: 2
Views: 2255

Re: Disclosure has Spd Read 120, Locked 117km/h - fine is 12

Radar or Lidar speeds do not have to be locked in at all. It is sufficient for the officer to simply state what the speeds were.
by Decatur
Wed Feb 15, 2017 6:30 pm
Forum: General Talk
Topic: Fail to drive in marked lane 154-1-a
Replies: 5
Views: 8656

Re: Fail to drive in marked lane 154-1-a

Just be aware that they still may re serve you with the correct wording if they catch the error.
by Decatur
Tue Feb 14, 2017 11:48 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: trying to ask for additional disclosure what should i do?
Replies: 29
Views: 10464

Re: trying to ask for additional disclosure what should i do

1- Radar can target an individual vehicle.
2-Radar will not register the speed of "any" object in its field. It most certainly won't pick up a tree swaying.
3-Lidar does not record an image of the licence plate unless that manufacture makes a camera attachment for that particular lidar (not used in Ontario to my knowledge) and it certainly doesn't ...
by Decatur
Mon Feb 13, 2017 8:03 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ticket not signed by officer
Replies: 9
Views: 10315

Re: ticket not signed by officer

If it's hand printed the latest case law R v Wadood may have an impact on whether this is a fatal flaw. http://www.ontariocourts.ca/decisions/2 ... =hootsuite

If it's electronic there is no physical signature required at all.
by Decatur
Sat Feb 11, 2017 9:57 pm
Forum: General Talk
Topic: Recommended charge to plea down to?
Replies: 14
Views: 3937

Re: Recommended charge to plea down to?

Nope. Ontario Court of Apoeal has ruled that amending up a speeding ticket at trial is fine.
The officer gave you a break at the roadside. They didn't have to. I'm sure their evidence wouldstate what your original speed was.
https://www.canlii.org/en/on/onca/doc/2 ... ca643.html
by Decatur
Sat Feb 11, 2017 4:54 pm
Forum: General Talk
Topic: Recommended charge to plea down to?
Replies: 14
Views: 3937

Re: Recommended charge to plea down to?

If you go to trial and the speed was already reduced by the officer at roadside, they will amend it back to the original speed.
by Decatur
Fri Feb 10, 2017 11:00 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
Replies: 22
Views: 9442

Re: Failure to surrender insurance card in dealership loaner

I didn't say the authority was under the Criminal Code. It's under the HTA and CAIA.
by Decatur
Fri Feb 10, 2017 10:15 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
Replies: 22
Views: 9442

Re: Failure to surrender insurance card in dealership loaner

If stopped for a potential Criminal Code driving offence, you're still required to produce a licence, permit and insurance. Section 216 is simply authority to stop a motor vehicle. It has nothing to do with the production of the documents.
In the R v Simpson case "the police officer admitted that his decision to stop the motor vehicle had nothing ...
by Decatur
Mon Feb 06, 2017 8:16 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: How to get an adjournment
Replies: 4
Views: 2728

Re: How to get an adjournment

Except for the officers notes, you won't get any of those disclosure items from the prosecutor. The only thing else you will get would be a copy of the device testing instructions.
by Decatur
Sat Feb 04, 2017 8:17 pm
Forum: General Talk
Topic: Set fine wrong, total payable correct
Replies: 5
Views: 2643

Re: Set fine wrong, total payable correct

In opinion, still not enough of an error to have the ticket thrown out. Don't forget that your ticket is just a copy and may not have gone through all of the copies.
by Decatur
Sat Feb 04, 2017 8:09 pm
Forum: General Talk
Topic: Set fine wrong, total payable correct
Replies: 5
Views: 2643

Re: Set fine wrong, total payable correct

The correct fine is $216 and $271. What you think is a 5 is probably a 6.
by Decatur
Thu Feb 02, 2017 10:32 pm
Forum: General Talk
Topic: Incorrect Set Fine Payable - Force Fatal Error
Replies: 19
Views: 8825

Re: Incorrect Set Fine Payable - Force Fatal Error

31 over, the corrrect fine for an offence notice is $186.00 plus $35.00 for victim surcharge and $5.00 for court costs. Total of $226.00 This fine is for out of court payment.

The fines you quoted are the court fines I believe that can be used by the JP if convicted in court.
by Decatur
Mon Jan 30, 2017 4:18 pm
Forum: General Talk
Topic: Drive Motor Vehicle "No Permit"
Replies: 12
Views: 7055

Re: Drive Motor Vehicle "No Permit"

And having your insurance "on your phone" isnt any good either. You have to produce either a,valid insurance policy or the pink insurance card. The officer can't take your phone back to their car....
by Decatur
Sun Jan 29, 2017 7:28 pm
Forum: Hand-held devices
Topic: Received Notice of Trial - need advice on next step
Replies: 24
Views: 8889

Re: Received Notice of Trial - need advice on next step

You might want to check with them in a couple of weeks though in case it's ready. It is your responsibility to seek out your disclosure, not theirs to contact you.
by Decatur
Wed Jan 25, 2017 8:51 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera: Front of car over intersection marking????
Replies: 9
Views: 10878

Re: Red Light Camera: Front of car over intersection marking

I think we may need some clarification as to what is meant by the "intersection line". Does that mean the stop line or part of a crosswalk? Posting the picture would probably help.
by Decatur
Sun Jan 22, 2017 5:14 pm
Forum: General Talk
Topic: Automotive technological advancements and their impacts
Replies: 12
Views: 3042

Re: Automotive technological advancements and their impacts

Most people I pull over don't know what a permit looks like, nor an insurance card. (I usually end up,saying "the green pice of paper and the pink one!" How would you expect them to navigate around the dashboard of a car!
by Decatur
Sun Jan 22, 2017 5:08 pm
Forum: Hand-held devices
Topic: What if car is stopped at traffic light
Replies: 26
Views: 10432

Re: What if car is stopped at traffic light

Consider that most courts that deal with traffic offences and parking tickets do not deal with criminal cases at all. Our jurisdiction has a dedicated Provincial Offemces court. There are no "serious crimes" or "trivial cases"
by Decatur
Wed Jan 18, 2017 7:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding Trial - Prosecutor Questions to Defendant
Replies: 13
Views: 4447

Re: Speeding Trial - Prosecutor Questions to Defendant

I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
by Decatur
Mon Jan 16, 2017 1:48 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 16937

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

In order to argue in your own defence and to submit your video as evidence, you will have to testify. If all you are doing is defending yourself, you can only ask questions of the other witnesses.