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: 4053

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: 6027

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: 3927

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: 11273

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: 3927

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: 7388

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: 6309

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: 8524

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: 6754

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: 26043

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: 2128

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: 4087

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: 4920

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: 4920

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: 26043

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.