Search found 726 matches

by Decatur
Sun Sep 25, 2016 7:45 am
Forum: General Talk
Topic: Can police see insurance by running plates?
Replies: 5
Views: 26682

Re: Can police see insurance by running plates?

Not all police services have access to that data.
by Decatur
Wed Sep 21, 2016 5:54 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 490 days after ticket -Insurance cancelled
Replies: 18
Views: 9450

Re: 490 days after ticket -Insurance cancelled

"I agree that the police are just doing their job... the job the government tells them to do. The problem though with both government and police is that they have taken an oath to the Queen, not to the people, so they have no requirement to serve us or do what is right for us."

Last I checked you don't have the swear and oath to the Queen

"I ...
by Decatur
Wed Sep 21, 2016 5:44 pm
Forum: General Talk
Topic: Accident while license suspended
Replies: 8
Views: 4401

Re: Accident while license suspended

jsherk,
That list is for Criminal Code convictions. Nothing to do with a drive under suspension.Drive while disqualified is Criminal.
by Decatur
Wed Sep 21, 2016 10:44 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Video evidence in court
Replies: 7
Views: 5260

Re: Video evidence in court

You didn't say under any specific Regulation. You said under the HTA.
It's visibility is a matter of your opinion and that of the officer. In order to state your opinion though, you would have to get on the stand.
by Decatur
Sun Sep 18, 2016 10:05 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Video evidence in court
Replies: 7
Views: 5260

Re: Video evidence in court

One quick point. Section 45 of the HTA has nothing to do with the visibility of a stop sign.
by Decatur
Thu Sep 15, 2016 7:38 pm
Forum: Failing to signal
Topic: Other driver charged...or was he??
Replies: 5
Views: 4642

Re: Other driver charged...or was he??

You don't need to get any police report or witness statements to your insurance company. That's their job. If you do it, you'll have to pay for the report and statements.
by Decatur
Mon Aug 15, 2016 7:37 pm
Forum: Stunt Driving
Topic: ... Stunt Driving charge....
Replies: 6
Views: 5890

Re: ... Stunt Driving charge....

"So my advice is that you should plead NOT GUILTY and request a Trial with the officer present. Once you get your Notice of Trial with a trial date, you can request disclosure (copy of notes of all officers involved, copy of radar/laser device manual if applicable)."

There will be no Notice of Trial. You should have received a summons at the ...
by Decatur
Sat Aug 13, 2016 10:35 pm
Forum: General Talk
Topic: Failure to Stop for Emergency Vehicle
Replies: 26
Views: 11468

Re: Failure to Stop for Emergency Vehicle

I didn't actually see a question there.
by Decatur
Sat Aug 06, 2016 9:37 pm
Forum: General Talk
Topic: Unpaid Fine - How long until suspension?
Replies: 5
Views: 5252

Re: Unpaid Fine - How long until suspension?

The suspension is actually in effect prior to the notice being sent out. The seven days is just to allow snail mail to potentially reach the driver for notification.
If you're pulled over prior to the seven days, you're simply severed a notice personally and your licence is seized.
by Decatur
Fri Aug 05, 2016 2:51 pm
Forum: General Talk
Topic: What would you do? Is there any legal course of action?
Replies: 3
Views: 2112

Re: What would you do? Is there any legal course of action?

If the collision is on private property, you can't be charged under the HTA.
In this situation however, the truck driver was on a highway and turning onto private property. A charge could be laid.
by Decatur
Fri Aug 05, 2016 2:47 pm
Forum: General Talk
Topic: 115 On Highway 401
Replies: 12
Views: 4121

Re: 115 On Highway 401

Guess if you don't like the inconsistency and the human factor of law enforcement, they should put up more red light cameras and bring back photo radar. That keeps everything consistent.
by Decatur
Tue Aug 02, 2016 1:09 pm
Forum: General Talk
Topic: unpaid traffic tickets after 40 years....
Replies: 5
Views: 2827

Re: unpaid traffic tickets after 40 years....

Yes. Ontario did use commital warrants but not for HTA offences. They were actually for other Provincial Offences, including parking tickets! Nothing like stopping someone years ago and saying $500 or 7 days in jail!
That stopped when the province agreed to not issue plate renewals for those outstanding fines.
by Decatur
Mon Jul 25, 2016 1:06 pm
Forum: Courts and Procedure
Topic: Court date interferes with disclosure?
Replies: 5
Views: 3681

Re: Court date interferes with disclosure?

I would also strongly suggest that you avoid using the term "rolling stop" at anytime while you are in court. You either stopped or you didn't. And you didn't. You don't have to prove that you stopped though, the prosecution does. I certainly wouldn't use that video.
by Decatur
Fri Jul 22, 2016 5:20 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9539

Re: No full disclosure provided after 2 court appearance

I wouldn't pay attention to much of what Ticket Combat has to say. In the latest appointment for JPs in Ontario, quite a few of them were lawyers.
The prosecutor is a lawyer that works for the municipality
as well.
by Decatur
Fri Jul 15, 2016 5:15 pm
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 12090

Re: Form 4 Offence Notice - content

There are no set or established codes being used in Ontario. It varies across the province. The only consistent one is the R for a reduced speeding charge. The R in our case is to let the prosecutor know at a glance that the ticket was reduced at roadside.
by Decatur
Fri Jul 15, 2016 5:12 pm
Forum: General Talk
Topic: Driving with Expired License
Replies: 5
Views: 3170

Re: Driving with Expired License

It's valid until the end of the day. Aka.... Midnight
by Decatur
Wed Jul 13, 2016 8:57 pm
Forum: Traffic Offences Outside Ontario
Topic: PLEASE HELP! DUI IN USA
Replies: 6
Views: 2739

Re: PLEASE HELP! DUI IN USA

You don't have a Criminal record in Canada. You certainly do in the US which may prohibit you from travelling there.
by Decatur
Sun Jul 10, 2016 5:50 pm
Forum: General Talk
Topic: Case Law- Disclosure of only testing pages of radar manual
Replies: 13
Views: 4888

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

So far I've found no binding cases with regards to the production of the entire manual. It appears that in a vast majority of the cases I've seen, the JP's deciision is such that the defendant does not convince them of the relevancy of the entire manual being disclosed.
by Decatur
Sat Jul 09, 2016 9:02 pm
Forum: General Talk
Topic: Case Law- Disclosure of only testing pages of radar manual
Replies: 13
Views: 4888

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

That case isnt an appeal. A JP can't hear an appeal as they are the lowest court. Any decision made by a JP in Ontario isn't binding on other JP's but they can take their decisions into consideration.

I'll look in my files tomorrow to see if i can locate any Ontario Coutrt of Appeal decisions.
by Decatur
Fri Jul 08, 2016 4:20 pm
Forum: General Talk
Topic: Generic answer- What should I do? How do I figh it?
Replies: 2
Views: 2077

Re: Generic answer- What should I do? How do I figh it?

Can one of the other Moderators turn this into a Sticky post for future reference????
by Decatur
Thu Jun 30, 2016 7:34 pm
Forum: Motor vehicle equipped with or carrying a speed measuring warning device
Topic: Radar detector offense
Replies: 24
Views: 19110

Re: Radar detector offense

So if " it's an unfair traffic law being perpetuated in Canada." I guess you're better add nine US States to your list of unfair traffic laws"

Even if you had been found not guilty, the device would still have been forfeited. Best bet Is to leave them at home.
by Decatur
Mon Jun 20, 2016 2:37 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance Charge on Expired pink slip (valid insurance)
Replies: 6
Views: 8084

Re: No Insurance Charge on Expired pink slip (valid insuranc

Here are the appropriate definitions:
1- Compulsiry Automobile Insurance Act
"insurance card" means,

(a) a Motor Vehicle Liability Insurance Card in the form approved by the Superintendent,

(b) a policy of automobile insurance or a certificate of a policy in the form approved by the Superintendent, or

(c) a document in a form approved by the ...
by Decatur
Mon Jun 20, 2016 12:43 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance Charge on Expired pink slip (valid insurance)
Replies: 6
Views: 8084

Re: No Insurance Charge on Expired pink slip (valid insuranc

A pdf version of an insurance slip on a phone is about as valid as a photograph of your drivers licence. Not at all....
by Decatur
Sun Jun 12, 2016 10:38 am
Forum: General Talk
Topic: 2 tickets on 401: speeding and permit
Replies: 29
Views: 8929

Re: 2 tickets on 401: speeding and permit

Missed that. IMO though you do need the court decisions. He was charged under a specific section of the HTA not a section under the regulations. And that section of the Reg actually contradicts itself anyway. Therefor you do need the courts input at some point.
by Decatur
Sat Jun 11, 2016 10:43 pm
Forum: General Talk
Topic: 2 tickets on 401: speeding and permit
Replies: 29
Views: 8929

Re: 2 tickets on 401: speeding and permit

Just be aware that I don't believe the court decision regarding the permit having to be valid isn't a binding decision.
The section you were charged with was probably 7(1)(a) it states:
7. (1) No person shall drive a motor vehicle on a highway unless,

(a) there exists a currently validated permit for the vehicle;

The regulation pertaining to ...
by Decatur
Wed Jun 08, 2016 8:58 pm
Forum: General Talk
Topic: Disclosure and improper radar manual
Replies: 8
Views: 3294

Re: Disclosure and improper radar manual

The latest manual is 2012
by Decatur
Wed Jun 08, 2016 4:54 pm
Forum: General Talk
Topic: Disclosure and improper radar manual
Replies: 8
Views: 3294

Re: Disclosure and improper radar manual

Its the same manual for both models.
by Decatur
Mon Jun 06, 2016 10:53 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticket for 35km over, help with disclosure appreciated!
Replies: 20
Views: 6699

Re: Ticket for 35km over, help with disclosure appreciated!

Radar make, model and serial number were all provided in the officers notes.
Don't expect to get the radar manual, it usually isn't provided. The most you'll get will be the testing instructions and probably an opportunity to view the manual. If you dont get the additional disclosure about two weeks before trial, the best you can hope for is an ...
by Decatur
Mon Jun 06, 2016 10:10 pm
Forum: General Talk
Topic: CARRY PASSENGERS IN BACK OF A OPEN PICK UP TRUCK
Replies: 8
Views: 57046

Re: CARRY PASSENGERS IN BACK OF A OPEN PICK UP TRUCK

I'm just not seeing any exemption in the regulations that would cover farm workers or construction works in the bed of a pickup truck.
by Decatur
Mon Jun 06, 2016 8:14 am
Forum: General Talk
Topic: Medical suspension tests while keeping out of province DL?
Replies: 9
Views: 3058

Re: Medical suspension tests while keeping out of province D

Vehicle abstracts do not include the name or address of the registered owner unless the owner is the one applying for the document.