Search found 726 matches

by Decatur
Tue Feb 10, 2015 6:56 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 145KM/HR IN 100 POSTED HWY 401
Replies: 13
Views: 6325

Re: 145KM/HR IN 100 POSTED HWY 401

Entirely possible. Testing the radar only takes about a minute, including the road test.
by Decatur
Sun Feb 08, 2015 4:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket for speeding on highway 401 (125 km/h)
Replies: 27
Views: 9992

Re: Ticket for speeding on highway 401 (125 km/h)

You can't turn a speeding ticket into a non-moving violation. The best ive seen is a ticket for disobey sign which still has demerits on it and a $110 fine.
by Decatur
Fri Feb 06, 2015 6:25 am
Forum: General Talk
Topic: Disclosure Rules
Replies: 13
Views: 3586

Re: Disclosure Rules

You might want to consider doing some research on case law and through some older threads regarding the radar manual, it's use in court, radar interference, and accuracy of the radar. All of your points and questions have been covered before.
The main point about all of the interference that you mention is that none of it affects the accuracy of ...
by Decatur
Thu Feb 05, 2015 8:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket for speeding on highway 401 (125 km/h)
Replies: 27
Views: 9992

Re: Ticket for speeding on highway 401 (125 km/h)

Don't count on an adjournment on your trial date if the officer is there and you have received your disclosure. Your trial notice is just that. The date for a trial. The JP may or may not allow a request for an adjournment.
by Decatur
Wed Feb 04, 2015 7:59 pm
Forum: General Talk
Topic: Disclosure Rules
Replies: 13
Views: 3586

Re: Disclosure Rules

The Crown is under no obligation to proved everything in disclosure. Some f it may not exist and some of it they may say is not necessary to your defence. Ths is where you will need to state why you believe that having the entire manual is necessary. Most jurisdictions allow the accused access to the manual at an agreed upon time at the police ...
by Decatur
Thu Jan 29, 2015 6:53 pm
Forum: General Talk
Topic: Suspended out of province license
Replies: 5
Views: 2417

Re: Suspended out of province license

Nope. They are sent to the MTO.
by Decatur
Sat Jan 24, 2015 1:05 pm
Forum: General Talk
Topic: Officer establishing traffic history re: Speeding
Replies: 12
Views: 3221

Re: Officer establishing traffic history re: Speeding

First of all the term is tracking history, second depending on the manufacturer of the radarl/lidar there is no requirement to perform a tracking history in most manuals. However, it is still taught and there is no requirement to estimate the speed of a target vehicle. It is sufficient to state that the target was in excess of the posted speed.
by Decatur
Mon Jan 19, 2015 9:17 am
Forum: Failing to obey signs
Topic: Section 182 (2) Disobey Sign
Replies: 8
Views: 10292

Re: Section 182 (2) Disobey Sign

Just wondering why the concern with having no demerit points? Insurance companies don't care about points. They care about tickets. They treat most offences as a minor whether it has demerits on it or not.
by Decatur
Wed Dec 31, 2014 11:29 pm
Forum: Following too closely
Topic: rear ended someone and got a following too closely
Replies: 4
Views: 3755

Re: rear ended someone and got a following too closely

My bad. I was looking at the wrong page.
This was the correct one. http://www.mto.gov.on.ca/english/dandv/driver/handbook/section2.10.2.shtml

daggx is correct.. It's not likely that you can go back and fight it.
Make sure you turn your licence in to begin the 30 day countdown on your suspension. The sooner you do it, the sooner the suspension is ...
by Decatur
Wed Dec 31, 2014 9:30 pm
Forum: Following too closely
Topic: rear ended someone and got a following too closely
Replies: 4
Views: 3755

Re: rear ended someone and got a following too closely

Four points don't get you suspended even if you are considered a novice driver (G1 and G2). 2-5 points and you get a warning letter, 6-8 you attend an interview and it may be suspended and at 9 points you get a 60 day suspension.
By chance do you have more than just the one ticket in the last two years??
by Decatur
Tue Dec 30, 2014 9:18 pm
Forum: Courts and Procedure
Topic: Collision with tree gets a careless driving charge
Replies: 7
Views: 3348

Re: Collision with tree gets a careless driving charge

I'm with Stanton on this one. I'd swear this was already posted as well.
by Decatur
Tue Dec 16, 2014 2:02 pm
Forum: General Talk
Topic: [Ont]Got a ticket for 13(2) obstructing plate, need help
Replies: 11
Views: 9098

Re: [Ont]Got a ticket for 13(2) obstructing plate, need help

Other than actual obstruct plate charges (tinted covers and dirt) I've never had any of the faded plates go to trial. It's entirely possible the prosecutor withdraws to charge after satisfactory proof of replacement or reduces the fine on a guilty plea.
by Decatur
Mon Dec 15, 2014 6:23 pm
Forum: General Talk
Topic: [Ont]Got a ticket for 13(2) obstructing plate, need help
Replies: 11
Views: 9098

Re: [Ont]Got a ticket for 13(2) obstructing plate, need help

That is the correct section but the wrong wording. There are actually three offences in that sub section and a corresponding wording for each. The correct wording should have been: Entire plate not plainly visible.
The other wordings cover 1-dirt and obstructions like snow, and 2- parts of the vehicle or attachments like bike racks.
by Decatur
Mon Dec 01, 2014 5:09 pm
Forum: Driving While Suspended
Topic: Notice of suspension
Replies: 2
Views: 2876

Re: Notice of suspension

Just make sure you go to a licensing office and pay the reinstatement fee after the suspension is over. If you don't, you will still be considered an unlicensed driver.
by Decatur
Mon Dec 01, 2014 5:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 20km reduced to 65 (Help with reading notes_
Replies: 5
Views: 2957

Re: Speeding 20km reduced to 65 (Help with reading notes_

Tree branches that may impede the laser will not affect the accuracy at all, only the range. If you were going around a corner, there may be more of a cosine effect which would make your actual speed higher than what was displayed on the laser.
by Decatur
Tue Nov 18, 2014 6:34 pm
Forum: Failing to obey signs
Topic: section 137- clarifcation
Replies: 1
Views: 2173

Re: section 137- clarifcation

This is the third thread you've started on the same incident and I believe the question on the filing if the bylaws was answered for you.
by Decatur
Tue Nov 18, 2014 8:13 am
Forum: Stunt Driving
Topic: Entering the USA with stunt driving conviction
Replies: 6
Views: 4624

Re: Entering the USA with stunt driving conviction

I don't see that the OP mentioned any error. Just asking about crossing the border.
by Decatur
Thu Nov 13, 2014 3:10 pm
Forum: Failing to obey signs
Topic: stop sign - failing to stop section 136
Replies: 4
Views: 3048

Re: stop sign - failing to stop section 136

Section 137 of the HTA says:
Stop signs, erection at intersections
137. In addition to stop signs required at intersections on through highways,
(a) the council of a municipality may by by-law provide for the erection of stop signs at intersections on highways under its jurisdiction; and
(b) the Minister may by regulation designate intersections on ...
by Decatur
Mon Oct 27, 2014 9:48 am
Forum: Improper passing
Topic: Offense: Fail to drive in marked lane
Replies: 14
Views: 9387

Re: Offense: Fail to drive in marked lane

Ther is no offence for passing on a solid line. They are guidelines on the road to suggest that you shouldn't pass. They usually are situated near curves or grades where it is illegal to pass. See section 148 and 149 of they HTA.
by Decatur
Sun Oct 26, 2014 5:59 pm
Forum: General Talk
Topic: 40 over reduced to 15
Replies: 1
Views: 1505

Re: 40 over reduced to 15

They can and will modify the charge back to the original speed if you choose to go to a trial. That doesn't preclude you from requesting a trial, getting disclosure and seeing what evidence there is. You can always just pay the fine anytime up to the start of the trial if you chose.
by Decatur
Thu Oct 09, 2014 9:56 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure attc
Replies: 15
Views: 8256

Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure

If you want to know the answers to all of those little questions, you'll have to take your chance at a trial and ask the officer on the stand, and also risk a conviction for 91 in a 60.
It appears that when they turned around, you were also paced by the police and that's how it was determined as "sustained"
The only way to know for sure is a trial ...
by Decatur
Wed Oct 08, 2014 1:38 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure attc
Replies: 15
Views: 8256

Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure

Couple things. First, delete the other thread that you started to avoid repetition and confusion in the posts.
The officers notes are just to refresh his/her memory of the incident. Every minute detail doesn't have to be in there. You will have an opportunity to cross examine the officer at trial and can ask them anything pertinent to the charge ...
by Decatur
Sun Sep 21, 2014 6:43 pm
Forum: Parking Tickets
Topic: bylaw officer took my disabled permit for misuse
Replies: 5
Views: 27027

Re: bylaw officer took my disabled permit for misuse

Sorry JohnnyPublic, a bylaw officer can seize and hold an accessible parking permit if they have reasonable grounds to believe that it has been used while in contravention of a bylaw.
by Decatur
Tue Aug 12, 2014 7:33 pm
Forum: Criminal Offences
Topic: .05% BAC WARN RANGE
Replies: 9
Views: 12508

Re: .05% BAC WARN RANGE

The downside of requesting a second test would be if that test resulted in a fail reading, you would then be subject to a Criminal charge.
by Decatur
Tue Aug 05, 2014 9:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Fatal Error? Incorrect Allegation on ticket
Replies: 7
Views: 3211

Re: Fatal Error? Incorrect Allegation on ticket

Complete and regular on its face is determined by the JP looking at the original of the ticket. I have no doubt that the JP will convict since they don't have access to any of the copies. I'm sure you will be convicted if you do nothing. You will then have to apply to have the case re-opened. Only you can decide whether the time that you will spend ...
by Decatur
Tue Aug 05, 2014 4:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Fatal Error? Incorrect Allegation on ticket
Replies: 7
Views: 3211

Re: Fatal Error? Incorrect Allegation on ticket

If you zoom in on the ticket it actually looks like the bottom of the loop in the 9 is there. The only way to be sure is to look at the original copy of the ticket which is what the JP will have.
by Decatur
Mon Jul 28, 2014 12:41 pm
Forum: General Talk
Topic: How can I question interpreter name and Accreditation?
Replies: 1
Views: 1604

Re: How can I question interpreter name and Accreditation?

You seem to have a very good grasp of the English language. Why is there a need for an interpreter?
by Decatur
Tue Jul 22, 2014 7:59 am
Forum: General Talk
Topic: Cell Phone Ticket. Questions and do I have a defense?
Replies: 4
Views: 3125

Re: Cell Phone Ticket. Questions and do I have a defense?

Just make sure you read over the sections of the regulation pertaining to exemptions for commercial use of hand held devices to make sure you fit all of the points for the exemption.
http://www.e-laws.gov.on.ca/html/regs/e ... 0366_e.htm
by Decatur
Mon Jul 21, 2014 10:08 pm
Forum: Failing to obey signs
Topic: Is this sign on public/private property?
Replies: 19
Views: 8542

Re: Is this sign on public/private property?

Highwaystar solves my mystery. Way too tired to be thinking this much. Lol
by Decatur
Mon Jul 21, 2014 10:00 pm
Forum: Failing to obey signs
Topic: Is this sign on public/private property?
Replies: 19
Views: 8542

Re: Is this sign on public/private property?

It appears you're cherry picking subsections of the HTA to try and justify a properly laid charge under section 182(2).
What section of the HTA is (9) from?