Search found 726 matches

by Decatur
Mon Jan 09, 2017 10:18 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

It also sounds like the officer was using Lidar, which will give a range to the target. It's advantage is that the officer can pick out a single vehicle in heavy traffic which appears moving faster than the others.
by Decatur
Mon Jan 09, 2017 10:14 pm
Forum: Careless Driving
Topic: Careless Driving - Left Turn Hit A Pedestrian
Replies: 6
Views: 6431

Re: Careless Driving - Left Turn Hit A Pedestrian

OTD Legal, you left out the Part I summons which is a quite common way to seek an increased penalty above the normal set fine, without having to have all of the extra paperwork of a Part III Summons.
by Decatur
Mon Jan 09, 2017 10:09 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speed trap (19 km/h over)
Replies: 8
Views: 4145

Re: speed trap (19 km/h over)

It's not just about training and qualifications. Just because someone has completed training or a course, doesn't mean they are competent in that field. You'll have an opportunity to ask the officer about their training when you cross examine them. The JP can then make a decision about where the officer was qualified to use the device.
by Decatur
Sun Jan 08, 2017 7:02 pm
Forum: Improper passing
Topic: Charged with incorrect section of 148 - How to fight it?
Replies: 16
Views: 13270

Re: Charged with incorrect section of 148 - How to fight it?

In all likelihood the prosecution will seek an amendment to the charge if they discover that the wrong subsection was used. It will be up to the JP whether to grant it or not.
by Decatur
Fri Jan 06, 2017 10:22 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speed trap (19 km/h over)
Replies: 8
Views: 4145

Re: speed trap (19 km/h over)

Based on your description of the incident, there won't be any witness statements, you'll get a copy of the testing instructions for the speed measuring device and it's not likely you'll get proof of the officers training and qualifications.
by Decatur
Thu Jan 05, 2017 10:48 pm
Forum: General Talk
Topic: Wrong name, wrong address, wrong gender, no DL# on ticket
Replies: 8
Views: 7790

Re: Wrong name, wrong address, wrong gender, no DL# on ticke

No signature on an electronic ticket is not a fatal error. They aren't required on e-tickets
No drivers licence number on a ticket is also not a fatal error. How else would you give someone a ticket who has never had a licence?

The big issue is that you got someone elses ticket and possibly someone got yours!
by Decatur
Mon Jan 02, 2017 8:13 pm
Forum: General Talk
Topic: is it legal? atv with snow plow
Replies: 10
Views: 6641

Re: is it legal? atv with snow plow

You can't "get around" the definition. An off road vehicle is an off road vehicle. It doesn't matter how you dress it up, it's still and off road vehicle.
by Decatur
Wed Dec 21, 2016 8:12 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 75KM/H in 50 KM/H zone
Replies: 19
Views: 9180

Re: Speeding 75KM/H in 50 KM/H zone

Your laundry list of disclosure certainly didn't help your cause. You probably found it on a paralegal site that is notoriously out of date. Most of the items would of never exist for a speeding charge and some have been decided by the courts as not being relevant to disclosure. Some are also usually part of the officers testimony.
Based on the ...
by Decatur
Sun Dec 18, 2016 12:09 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7202

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

Until such time as you request a trial and receive your notice, it's unlikely that you will get disclosure. You don't make this request at the police station or from the police. It's done through the prosecutors office.
by Decatur
Thu Dec 15, 2016 9:11 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28096

Re: Appeal Red light conviction

They actually aren't "excluded form Ontario law"
The GPTR simply allows the issuing of Provinal Offence notices on federal property in any Province and says that the provinicial laws where that property is located are in effect.
A common example are the offence notices issued on Canadian Forces Bases.

http://laws-lois.justice.gc.ca/eng ...
by Decatur
Thu Dec 01, 2016 8:26 pm
Forum: General Talk
Topic: No Registration fine while waiting for trial on SAME thing
Replies: 4
Views: 2306

Re: No Registration fine while waiting for trial on SAME thi

If the outstanding fines are prohibiting you from renewing your licence plate, it's likely that it's from a parking infraction, or red light camera.
Outstanding fines issued under the HTA result in a suspension of a drivers licence.

You need to go service Ontario and/or your local court to determine what the fine is.

Without a valid plate ...
by Decatur
Fri Nov 25, 2016 8:06 pm
Forum: General Talk
Topic: 0 demerit points
Replies: 9
Views: 4313

Re: 0 demerit points

Insurance MAY be affected. Not will. You'd have to check with your broker.
by Decatur
Fri Nov 25, 2016 7:11 am
Forum: Parking Tickets
Topic: Parking ticket not properly served?
Replies: 7
Views: 5208

Re: Parking ticket not properly served?

Wow. Not a huge fan of this penalty system.
by Decatur
Thu Nov 24, 2016 8:54 pm
Forum: Parking Tickets
Topic: Parking ticket not properly served?
Replies: 7
Views: 5208

Re: Parking ticket not properly served?

If you were in a plaza lot, it wasn't likely a bylaw officer representing the municipality. Likely a private security firm that has authority through the city to issue parking tickets.
Section 15(4) and 15(5) of the POA is very specific about how a part II can be served:

Service on owner
(4) The issuing provincial offences officer may serve the ...
by Decatur
Wed Nov 23, 2016 9:49 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28096

Re: Appeal Red light conviction

I'm just curious as to where this ticket was received?
Also, disclosure comes from the prosecutor. There should be no need to contact the issuing police service.
by Decatur
Fri Nov 18, 2016 7:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10698

Re: 144(18) Disclosure

You won't know until that time comes. In our jurisdiction we have a full time prosecutor and one other that assists. They both take good notes for each other and have good memories.
by Decatur
Fri Nov 18, 2016 5:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10698

Re: 144(18) Disclosure

The prosecutor doesn't have to offer anything at anytime. They do it to sometimes to streamline the court docket. Ie offering someone a reduced fine or dropping one ticket for a plea on another
by Decatur
Fri Nov 18, 2016 10:07 am
Forum: General Talk
Topic: driving to US - questions
Replies: 13
Views: 3621

Re: driving to US - questions

If they take your licence and keep it, it's for a reason like Impaired charges etc and you wouldn't be able to drive anyway. At a road side stop they may take it back to their car, just like here.
by Decatur
Fri Nov 18, 2016 9:12 am
Forum: General Talk
Topic: driving to US - questions
Replies: 13
Views: 3621

Re: driving to US - questions

1) No
2) Why? If is analog, there should be a MPH scale on it. If digital, you should be able to change it to MPH
3) Yes
4) and 5) http://www.ontariohighwaytrafficact.com/topic4956.html
6) You certainly could be, just like in Ontario
by Decatur
Tue Nov 15, 2016 5:44 pm
Forum: General Talk
Topic: no valid permit - no valid sticker plate 7(1)(a) 7(1)(c)(i)
Replies: 2
Views: 4913

Re: no valid permit - no valid sticker plate 7(1)(a) 7(1)(c)

But subsection one says:
6. (1) A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry.
The reason subsection 2 says that "the portion of the evidence of validation not intended for the number plate may be affixed in the appropriate space provided on the permit for the vehicle."
Is because if ...
by Decatur
Mon Nov 14, 2016 1:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10698

Re: 144(18) Disclosure

You can't plea to the offence under 144(18.1) as an owner unless there was in fact evidence from a red light camera.
by Decatur
Sun Nov 06, 2016 10:39 am
Forum: General Talk
Topic: Challenging court jurisdiction
Replies: 4
Views: 1954

Re: Challenging court jurisdiction

I'll be locking this post. We've all seen this before and it goes no where.
by Decatur
Tue Nov 01, 2016 11:44 pm
Forum: General Talk
Topic: Insurance, ownership, (and rental cars)
Replies: 2
Views: 2635

Re: Insurance, ownership, (and rental cars)

And the photocopy of the permit must be a "true copy" which means a copy of both sides of the permit.
by Decatur
Tue Nov 01, 2016 11:40 pm
Forum: General Talk
Topic: Carrying two insurance cards Ontario
Replies: 14
Views: 7016

Re: Carrying two insurance cards Ontario

You're confusing the terms "invalid" and "expired". Huge difference.
by Decatur
Fri Oct 21, 2016 8:49 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 17123

Re: Insecure load - open for discussion

+1 to what screech said. By HTA definition, pickup trucks are a "commercial vehicle"
by Decatur
Thu Oct 20, 2016 12:55 pm
Forum: General Talk
Topic: RADAR- Bringing doubt to accuracy of device
Replies: 2
Views: 2232

Re: RADAR- Bringing doubt to accuracy of device

The only thing i'll say about that case is that:
1) It's from 1986, well prior to any training standards in Ontario.
2) Strike out any reference to tuning forks as most manufacturers don't require their use here.
3) It appears the officer didn't receive any training by a qualified instructor and didn't follow the manufacturers testing instructions ...
by Decatur
Wed Sep 28, 2016 8:37 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 44819

Re: Radar Manual- No tuning forks and No tracking history

I checked prior posts and I don't think anyone actually asked what it plugs into.
And to clarify one of the highlighted areas, the Genesis radar does accept patrol speed through the VIP but it doesn't establish the patrol speed through it. It's merely a check and balance for the patrol speed. Eg. Radar without the VIP may have trouble keeping up ...
by Decatur
Tue Sep 27, 2016 4:01 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 44819

Re: Radar Manual- No tuning forks and No tracking history

The moving radar establishes its patrol speed using the front or rear antenna. It does not obtain the patrol speed from the VIP.
I'm not currently in reach of my VIP manual to quote from it though.
by Decatur
Tue Sep 27, 2016 1:44 pm
Forum: General Talk
Topic: Use and Possess Illegal Licence (35(1)(a))
Replies: 9
Views: 4429

Re: Use and Possess Illegal Licence (35(1)(a))

The discussion the officers were having was deciding whether to charge you criminally with personation. Section 403 of the Criminal Code. You might want to read that as well and consider that you can still be charged Criminally.