Search found 726 matches
- 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.
- 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.
- 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.
- 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.
- 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.
- 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!
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!
- 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.
- 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 ...
Based on the ...
- 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.
- 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 ...
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 ...
- 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 ...
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 ...
- 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.
- 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.
- 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 ...
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 ...
- 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.
Also, disclosure comes from the prosecutor. There should be no need to contact the issuing police service.
- 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.
- 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
- 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.
- 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
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
- 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 ...
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 ...
- 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.
- Mon Nov 07, 2016 9:49 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: ticketed for 149km/h on 401 by PEEL POLICE
- Replies: 13
- Views: 4567
Re: ticketed for 149km/h on 401 by PEEL POLICE
You read incorrectly.
- 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.
- 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.
- 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.
- 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"
- 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 ...
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 ...
- 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 ...
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 ...
- 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.
I'm not currently in reach of my VIP manual to quote from it though.
- 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.