Search found 726 matches

by Decatur
Tue Jun 25, 2019 4:14 pm
Forum: General Talk
Topic: How long is too long to wait for a trial? *Hand held device*
Replies: 16
Views: 9306

Re: How long is too long to wait for a trial? *Hand held device*

The only reason you need to go is if you are objecting to the motion or want some input as to the new date. There may be dates put forward that don't fit with your scheduled appointments.
If you want any input you need to go.
by Decatur
Mon Jun 10, 2019 5:59 pm
Forum: General Talk
Topic: How long is too long to wait for a trial? *Hand held device*
Replies: 16
Views: 9306

Re: How long is too long to wait for a trial? *Hand held device*

The thing about disclosure is that you have to actively seek it out once you've requested it. You can't just request it and not pick it up, or just not query where it is. And if you keep "kicking this thing down the road" the delay to trial is against you and not the prosecution.
by Decatur
Mon Jun 10, 2019 4:04 pm
Forum: General Talk
Topic: Rescheduled Early Resolution Meeting With Prosecutor
Replies: 1
Views: 3694

Re: Rescheduled Early Resolution Meeting With Prosecutor

From my understanding of the applicable Act, weekends or holidays don't count in this calculation.
by Decatur
Sun Jun 09, 2019 8:43 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 16
Views: 9953

Re: Disclosure - Front of ticket not provided, only rear?

It doesn't matter. Generally court dates are assigned for when the officer is working to save $$. On an off day a typical appearance at court will be time and a half overtime with a minimum amount of time generally around 4 hours. Court appearances for officers are subpoenas. They hVe to show up or face some consequences.
by Decatur
Sun Jun 09, 2019 7:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 16
Views: 9953

Re: Disclosure - Front of ticket not provided, only rear?

It's very common for officers to attend court on days off. I'll second what greasespot posted. Miss court and you're likely to get written up for a first offence. Charged under the PSA after that and loss of time certainly.
by Decatur
Mon Jun 03, 2019 8:31 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 16
Views: 9953

Re: Disclosure - Front of ticket not provided, only rear?

A no show is a very rare thing now. Police officers get paid to be in court, either on a regular day shift or even on overtime on a day off. So bless you know that this officer has tickets for a flight that morning I would t be betting on a no show.

From what you've posted so far I don't see any grounds to have this dismissed outright.
by Decatur
Sun Jun 02, 2019 8:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 16
Views: 9953

Re: Disclosure - Front of ticket not provided, only rear?

First point would be, if you decide to fight this 10 over ticket, at trial the prosecutor will have the ticket amended up to the original speed. Second point about the colour being wrong on you permit, that's actually an offence in itself. Get it changed. Three, A photocopy of both sides of a permit is perfectly legal. All that "other stuff" is ...
by Decatur
Wed May 29, 2019 10:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 16
Views: 9953

Re: Disclosure - Front of ticket not provided, only rear?

Also, in an Ontario Court of Appeal decision, an officer can amend a ticket after service in some cases.
Even if there's a slight difference between the original and your copy it's likely immaterial.
Check out York v Wadood on Canlii.
by Decatur
Fri May 10, 2019 5:24 pm
Forum: Driver failing to wear a seat belt
Topic: Seatbelt requirement regarding classic car ???
Replies: 1
Views: 4103

Re: Seatbelt requirement regarding classic car ???

You're exempt from wearing the torso restraint if the motor vehicle was manufactured prior to the 1st day of January 1974.
by Decatur
Sun May 05, 2019 5:14 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Warning Signage Legislation?
Replies: 5
Views: 9108

Re: Red Light Camera Warning Signage Legislation?

And FYI. The City of Kingston doesn't have red light cameras.
by Decatur
Sat May 04, 2019 4:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: R.R.O. 1990, REGULATION 615 : SIGNS - Confusing Language?
Replies: 1
Views: 3205

Re: R.R.O. 1990, REGULATION 615 : SIGNS - Confusing Language?

You may be over thinking this. It basically states that "if" the prescribed speed of 50 in a municipality or 80 in a rural ares are deviated from, then the speeds designated must be posted within those measurements.
There is still no requirement to post 50 or 80 zones in their correct areas.
by Decatur
Wed May 01, 2019 6:38 pm
Forum: General Talk
Topic: Called to pay speeding ticket and was told they didn't have it on file.
Replies: 3
Views: 2804

Re: Called to pay speeding ticket and was told they didn't have it on file.

You might want to check again. The day you received the ticket doesn't count as part of the seven days. They actually had until the end of the 29th to file.
by Decatur
Fri Apr 26, 2019 8:58 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 82 in a 60, but ticket says incorrect district
Replies: 1
Views: 2765

Re: 82 in a 60, but ticket says incorrect district

You're pretty much out of luck. The Provincial Offences Act provides that a proceeding may be heard in a county or district that adjoins that in which the offence occurred.
See section 29 of the POA if you want to read it in its entirety.
by Decatur
Wed Apr 24, 2019 10:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket for doing 100klm/h in a 60klm zone : York Region, Newmarket
Replies: 3
Views: 4136

Re: Speeding ticket for doing 100klm/h in a 60klm zone : York Region, Newmarket

As a novice driver, your licence will be suspended for 30 days if you're convicted of a four demerit point offence. This might be something to consider!
by Decatur
Sat Apr 13, 2019 9:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop: 136(1) "a" but looks like a "c" to those I've shown the ticket to
Replies: 2
Views: 3470

Re: Failure to Stop: 136(1) "a" but looks like a "c" to those I've shown the ticket to

The position of the stop sign is immaterial. All the matters is you didn't stop at the marked stop line as it states you shall in HTA section 136(1)(a).
Whether it's an a or c is also immaterial. You are aware of why you were stopped and what the charge is. This is not a fatal flaw..
Best you can do at the moment is, if you want to put the effort ...
by Decatur
Sun Mar 17, 2019 5:01 pm
Forum: Hand-held devices
Topic: Transport driver ticketed for using two-way radio
Replies: 4
Views: 3466

Re: Transport driver ticketed for using two-way radio

Just make sure that you've read https://www.ontario.ca/laws/regulation/090366
And in particulate, the definitions associated to the exemption. "Two way radio" is a very specific definition.
by Decatur
Mon Feb 11, 2019 8:21 pm
Forum: Hand-held devices
Topic: Hand Held communication device ticket $490 help negotiating with prosecutor, reduce fine?
Replies: 3
Views: 4932

Re: Hand Held communication device ticket $490 help negotiating with prosecutor, reduce fine?

The easiest way to explain this is, insurance companies don't care about demerit points. They are simply a way for MTO to track poor drivers. Tickets are generally broken down into one of three categories. Minor, major and serious/criminal. An example would be a speeding ticket for 15 over. There are no demerits. 20 over, there are three. Most ...
by Decatur
Sun Feb 10, 2019 6:01 pm
Forum: Speed Traps
Topic: Caught Speeding (Speed Trap) With Speed Gun: 25 Over
Replies: 1
Views: 5211

Re: Caught Speeding (Speed Trap) With Speed Gun: 25 Over

The first thing you need to answer is, did you check to see if your disclosure was ready? The obligation is on you to to get the disclosure, not just request it and forget about it. You may be able to request an adjournment and receive you disclosure on Monday. The chances of the officer not being there are quite slim now. Officers get paid to be ...
by Decatur
Fri Dec 14, 2018 8:01 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 89 km speed in 60 km/hr zone and got speeding ticket
Replies: 5
Views: 5303

Re: 89 km speed in 60 km/hr zone and got speeding ticket

You're were already given a break at roadside. A prosecutor isn't simply going to waive the entire ticket for you or a paralegal. If you decide to fight it, they will also likely amend it back to the original speed of 102 km/h.
You can always try get get a bit more of a break, that's entirely up to them though.
by Decatur
Thu Dec 13, 2018 10:04 pm
Forum: Racing
Topic: Using nitrous on a drag strip or racing event
Replies: 4
Views: 3664

Re: Using nitrous on a drag strip or racing event

And you might want to check with your insurance company as well. Most policies are void if you take the vehicle to any track.
by Decatur
Thu Dec 13, 2018 10:01 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 104 km/h Stunt Driving in a 50 km/h street in Vaughan
Replies: 1
Views: 3037

Re: 104 km/h Stunt Driving in a 50 km/h street in Vaughan

Nope. You have to show up in court still. This will not affect the original crharge.
by Decatur
Wed Nov 28, 2018 5:26 pm
Forum: General Talk
Topic: Went to trial today speeding ticket found guilty
Replies: 1
Views: 3225

Re: Went to trial today speeding ticket found guilty

Manuals are no longer required as part of disclosure. Even if you ask for one. They are considered third party records and the prosecutor has no obligation to provide them.
https://www.canlii.org/en/on/onsc/doc/2 ... ultIndex=1
by Decatur
Wed Nov 21, 2018 8:14 am
Forum: Hand-held devices
Topic: Hand-held device charge, Brampton, ON, plea bargain
Replies: 4
Views: 4652

Re: Hand-held device charge, Brampton, ON, plea bargain

I can't see this applying to hand held devices. This section is meant for violating a condition on a driver's licence such as the requirement to wear prescription glasses.
by Decatur
Tue Oct 16, 2018 5:02 pm
Forum: Courts and Procedure
Topic: Appealing a conviction for a traffic offence where the ticket was not signed.
Replies: 6
Views: 4367

Re: Appealing a conviction for a traffic offence where the ticket was not signed.

Picking up or just holding the device is enough for a conviction in a Ontario. It doesn't matter if you weren't talking or texting.
The only way you're going to find out if the original was signed is to apply to have the case reopened, have that motion granted and obtain a copy of it as part of disclosure.
by Decatur
Mon Oct 15, 2018 7:45 pm
Forum: Courts and Procedure
Topic: Appealing a conviction for a traffic offence where the ticket was not signed.
Replies: 6
Views: 4367

Re: Appealing a conviction for a traffic offence where the ticket was not signed.

It depends. First, if it was an electronic ticket, they aren't signed. Second, if it isn't, your ticket is actually a copy and the Justice of the Peace would have no idea whether your copy was signed or not. Obviously the original was, because you were convicted. R. v Wadood now allows for officers to also fix minor mistakes made on a ticket after ...
by Decatur
Wed Oct 10, 2018 4:27 pm
Forum: Speed Traps
Topic: Faulty cruise control causes out of control acceleration at a speed trap
Replies: 2
Views: 2909

Re: Faulty cruise control causes out of control acceleration at a speed trap

It's the driver's responsibility to ensure that a motor vehicle is fit for the road. This would include dealing with a recall and perhaps not driving it until it's fixed. Speeding is an absolute liability offence, which means you either were or weren't speeding. You got a deal with the 15 over. If you've never had a ticket, it's unlikely that a ...
by Decatur
Wed Oct 10, 2018 10:05 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speed limit sign - White numbers on black background
Replies: 3
Views: 4526

Re: Speed limit sign - White numbers on black background

These signs are perfectly legal on federal NCC roadways. Generally enforcement is done by the RCMP but OPP and Ottawa police can enforce it as well. The maximum speed on NCC roads is 60 km/h by regulation and actually doesnt need to be posted unless it deviates from that.
by Decatur
Sun Oct 07, 2018 11:05 am
Forum: General Talk
Topic: Is riding motorcycles side by side illegal in Ontario?
Replies: 2
Views: 4026

Re: Is riding motorcycles side by side illegal in Ontario?

It is legal to ride side by side in Ontario. Not the safest practice but there's nothing in the HTA to prohibit it.
by Decatur
Sat Sep 15, 2018 10:58 pm
Forum: Stunt Driving
Topic: What is the effect (if any) of the alleged excessive speed not stated on the summon?
Replies: 2
Views: 2845

Re: What is the effect (if any) of the alleged excessive speed not stated on the summon?

It is valid. The actual speed is not part of the short wording for a stunt offence.
by Decatur
Wed Sep 05, 2018 8:12 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticketed speed is higher than radar speed
Replies: 3
Views: 3988

Re: Ticketed speed is higher than radar speed

There's no requirement to lock the device at the highest speed obtained. It's quite common to clear a locked speed to see if someone is speeding up or slowing down. There's also no requirement to show you the speed displayed on the device.