Search found 726 matches

by Decatur
Mon Jul 21, 2014 6:17 pm
Forum: Failing to obey signs
Topic: Is this sign on public/private property?
Replies: 19
Views: 8543

Re: Is this sign on public/private property?

What section of the HTA were you charged under?
by Decatur
Sun Jul 13, 2014 8:45 pm
Forum: Red Light Camera Ticket
Topic: RLC Ticket in Ottawa - Very Snowy Day!
Replies: 14
Views: 8245

Re: RLC Ticket in Ottawa - Very Snowy Day!

And Amber lights are generally set for a minimum of four seconds which leaves plenty of time to stop in even poor conditions.
by Decatur
Sun Jun 15, 2014 7:23 pm
Forum: Speed Traps
Topic: Is this legal?
Replies: 14
Views: 13519

Re: Is this legal?

I just love how you pick and choose what you want from a single section of the Police Services Act to further your own point. Speed checks are not illegal and are most certainly not misconduct.
Try posting the entire section next time.

42. (1) The duties of a police officer include,
(a) preserving the peace;
(b) preventing crimes and other ...
by Decatur
Thu May 29, 2014 7:04 pm
Forum: Prohibited turns
Topic: Is it illegal to turn into the further lane?
Replies: 3
Views: 5290

Re: Is it illegal to turn into the further lane?

All of those scenarios are illegal.
Check section 141 of the Highway a Traffic Act
http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm

The Ontario drivers handbook is also available online with pictures.
by Decatur
Mon May 26, 2014 10:19 pm
Forum: General Talk
Topic: Vision Waiver Program
Replies: 2
Views: 3298

Re: Vision Waiver Program

Here's a link to the MTO with a contact number for the Driver Improvement Office..
http://www.mto.gov.on.ca/english/dandv/ ... ards.shtml
by Decatur
Sun May 18, 2014 7:50 am
Forum: General Talk
Topic: Trying to get a stay for expired plate. Need some guidance.
Replies: 6
Views: 2441

Re: Trying to get a stay for expired plate. Need some guidan

They do show up. I see them on a regular basis.
by Decatur
Wed May 07, 2014 6:03 pm
Forum: General Talk
Topic: Anybody have copies of most recent Genesis II manuals?
Replies: 7
Views: 3029

Re: Anybody have copies of most recent Genesis II manuals?

An FOI request with the Ministry wom't get you anything. They don't have control or posession over the manual.
I also agree with trenchknfe. Any decisioon mad by a justice of thr peace isn't binding on any court.
by Decatur
Fri May 02, 2014 7:53 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help me prepare for Speeding charge Trial *Pics and Maps ins
Replies: 5
Views: 2717

Re: Help me prepare for Speeding charge Trial *Pics and Maps

+1 to highwaystar's answer.
You won't get the calibration documents from the prosecutor.
by Decatur
Sun Apr 27, 2014 6:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 60 km/h in a 50 km/h zone in Hamilton City, NEED YOUR HELP!
Replies: 13
Views: 4295

Re: 60 km/h in a 50 km/h zone in Hamilton City, NEED YOUR HE

Did the officer look like an insurance agent?
Think for yourself first and foremost. You might want to contact your insurance company and ask some very general questions about how they increase rates based in tickets.
by Decatur
Sun Apr 13, 2014 7:44 pm
Forum: Courts and Procedure
Topic: FORM 4F question (4A? 4B?)
Replies: 2
Views: 2482

Re: FORM 4F question (4A? 4B?)

In a vast majority of the cases, the remedy for lack of disclosure is an adjournment. If you believe that the prosecution is not providing you with something that you feel is necessary for your defence, then you should be prepared at your next court appearance to argue that fact in front of the JP and then they will make a decision.
by Decatur
Thu Apr 10, 2014 8:59 pm
Forum: General Talk
Topic: Highway Question
Replies: 4
Views: 6905

Re: Highway Question

There is no offence for driving over a solid line.
by Decatur
Sat Apr 05, 2014 2:54 pm
Forum: Stunt Driving
Topic: [URGENT/SERIOUS] Goin 185 KM/H on Highway (100 Limit)
Replies: 61
Views: 28530

Re: [URGENT/SERIOUS] Goin 185 KM/H on Highway (100 Limit)

This is one that they will gladly take to trial with no deal, regardless of your record. The prosecutor really has nothing to lose.
Try some if the usual paralegals to start.
Request disclosure as soon as possible.
by Decatur
Fri Apr 04, 2014 7:04 pm
Forum: General Talk
Topic: Anybody have copies of most recent Genesis II manuals?
Replies: 7
Views: 3029

Re: Anybody have copies of most recent Genesis II manuals?

It appears that the JP has made a decision about your disclosure.
See if the prosecutor will permit a viewing of the manual and be prepared to take notes. They won't permit any photocopying.
As far as I'm aware, there are no copies of this particular manual available at any library or even online.
by Decatur
Fri Apr 04, 2014 6:12 pm
Forum: General Talk
Topic: Can I fight to get a suspension stricken from my record?
Replies: 11
Views: 7438

Re: Can I fight to get a suspension stricken from my record?

I've seen lots of abstracts and the unpaid fine suspensions are on there even after they expire, listing the expiration date.
by Decatur
Fri Apr 04, 2014 5:50 pm
Forum: General Talk
Topic: Anybody have copies of most recent Genesis II manuals?
Replies: 7
Views: 3029

Re: Anybody have copies of most recent Genesis II manuals?

Don't go to the detachments. Go through the prosecutor to view the manuals.
Our jurisdiction does it all the time.
What's in the manual that you think will help you?
by Decatur
Wed Mar 26, 2014 7:38 pm
Forum: General Talk
Topic: Speeding 60km/h in a 50km/h zone ---- fatal error?
Replies: 7
Views: 3644

Re: Speeding 60km/h in a 50km/h zone ---- fatal error?

Never mind. Just saw the other threads. Lol
by Decatur
Wed Mar 26, 2014 7:30 pm
Forum: General Talk
Topic: Speeding 60km/h in a 50km/h zone ---- fatal error?
Replies: 7
Views: 3644

Re: Speeding 60km/h in a 50km/h zone ---- fatal error?

How is that an offence not known to law? Looks like the wording I use. Except I never give a 10 over.
by Decatur
Mon Mar 24, 2014 8:58 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 33000

Re: Speeding Ticket (possible fatal error)

Don't know how I missed it. The Court of Appeal in: York (Regional Municipality) v. Winlow, 2009 ONCA 643 (CanLII)
http://www.canlii.org/en/on/onca/doc/2009/2009onca643/2009onca643.html
States that "The actual rate of speeding is not an essential element of the offence of speeding under s. 128(1) of the HTA. It is a particular relevant to penalty ...
by Decatur
Mon Mar 24, 2014 7:10 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 33000

Re: Speeding Ticket (possible fatal error)

I've been trying to find the case law which outlines the elements of the offence for speeding. Not much luck yet.
@Red Cliff
The complete offence is speeding. No different than the charge of Disobey Sign. It doesn't outline the complete offence either. They way it was explained to me is that the JP has to find the offender guilty or not guilty of ...
by Decatur
Mon Mar 24, 2014 7:58 am
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 33000

Re: Speeding Ticket (possible fatal error)

I'm not sure that this is even a fatal error. The official short wording from the Ontario Court of Justice simply says, "Speeding". I was always told that not indicating the speed and speed limit only prevented the MTO from applying demerit points.
by Decatur
Sun Mar 23, 2014 7:41 pm
Forum: Failing to obey signs
Topic: HTA S144(18) vs HTA S144(19) fatal error or not
Replies: 2
Views: 3175

Re: HTA S144(18) vs HTA S144(19) fatal error or not

144(18) mentions nothing about a green arrow. It only mentions that you shall not proceed until a green indication is shown.
by Decatur
Sat Mar 22, 2014 7:09 am
Forum: Compulsory Automobile Insurance Act
Topic: I received 4 tickets!
Replies: 4
Views: 3491

Re: I received 4 tickets!

You can still be issued a summons for not having insurance. Any time up to six months after the offence. There's not really much you can do until you actually receive the summons.
by Decatur
Fri Mar 21, 2014 10:07 pm
Forum: Stunt Driving
Topic: Stunt driving Summons 120 on a posted 60
Replies: 13
Views: 5859

Re: Stunt driving Summons 120 on a posted 60

I wouldn't bet the farm on a 29 or 39 over, even for a first offence. It's going to depend on how good the evidence may be and without seeing any of that t, I don't think a paralegal can make any promises.
The prosecutor really has nothing to lose if it goes to trial in a timely manner.
A conviction on the stunt charge could result in the ...
by Decatur
Sun Mar 16, 2014 12:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Caught "speeding" 70 in 50 following the flow of traffic
Replies: 6
Views: 3684

Re: Caught "speeding" 70 in 50 following the flow of traffic

I'm so glad I make more than a 3 figure salary then!
by Decatur
Sat Mar 15, 2014 2:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Caught "speeding" 70 in 50 following the flow of traffic
Replies: 6
Views: 3684

Re: Caught "speeding" 70 in 50 following the flow of traffic

+1 to ynotp
I don't answer radio calls. I don't catch "Criminals" every day. If you ask me whether I have anything better to do than give out tickets, I'll answer "No". I'm a Traffic Officer. This is what I do while on duty. My other duty is as a Collision Reconstructionist. I'd much rather be giving you a ticket than seeing you at a collision ...
by Decatur
Wed Mar 12, 2014 6:51 pm
Forum: General Talk
Topic: Talking on Cellphone new fine
Replies: 7
Views: 3194

Re: Talking on Cellphone new fine

No
by Decatur
Mon Mar 10, 2014 7:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Filing for Disclosure: What to ask for?
Replies: 5
Views: 2650

Re: Filing for Disclosure: What to ask for?

Don't be surprised if you don't get all of those items. Some of them won't even exist.
See Stanton's detailed reply.
by Decatur
Mon Mar 10, 2014 11:54 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Filing for Disclosure: What to ask for?
Replies: 5
Views: 2650

Re: Filing for Disclosure: What to ask for?

Also, ditch the word calibrate. Police don't "calibrate" the radar before and after an offence, they test it. Quite a big difference.
by Decatur
Mon Mar 03, 2014 6:24 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 8171

Re: G2 w/ BAC above 0...this is a nightmare

Agree with hwybear. Your original statement of one glass of wine five hours before is impossible.
by Decatur
Thu Feb 13, 2014 7:50 pm
Forum: General Talk
Topic: No charges but insurance says I am at fault for accident.
Replies: 12
Views: 4221

Re: No charges but insurance says I am at fault for accident

Just wondering how we are to form an opinion when the video that you are using for "evidence" is private?