Search found 726 matches

by Decatur
Mon Feb 10, 2014 5:14 pm
Forum: General Talk
Topic: Speeding charge - Do I qualify for 11(b) - Need advice
Replies: 15
Views: 6435

Re: Speeding charge - Do I qualify for 11(b) - Need advice

Most of that disclosure request won't be supplied by the prosecution. You're going to have to justify before the JP as to why you want those items for that were not included before the prosecution will give them to you.
Asking for "test logs" may not get you the information you require about the test time after the offence because not vey many ...
by Decatur
Tue Feb 04, 2014 8:20 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 2 Tickets, 140 in 100 and failure to surrender liscence
Replies: 16
Views: 5803

Re: 2 Tickets, 140 in 100 and failure to surrender liscence

1) I don't see anything in the OP to indicate the driver is suspended.
2) Mom wasn't in the car. The officer called her.
by Decatur
Mon Feb 03, 2014 11:24 am
Forum: Driving While Suspended
Topic: charged twice for same offence
Replies: 6
Views: 4601

Re: charged twice for same offence

It is two different charges. You currently have two suspensions on your licence, from two different incidents. That results in two counts of driving while suspended.
Maybe you should stop driving until you get your suspensions finished and also seek some legal council if you decide to fight the charges.
Thanks devin98.
by Decatur
Sun Feb 02, 2014 9:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: HTA cited incorrectly, fatal error? pic attached help ASAP
Replies: 6
Views: 3686

Re: HTA cited incorrectly, fatal error? pic attached help AS

I'll agree with ynotp on this one. The original copy of the ticket may well say 128 and the officer could have lifted the pen while writing.
by Decatur
Sun Feb 02, 2014 2:01 pm
Forum: Driving While Suspended
Topic: charged twice for same offence
Replies: 6
Views: 4601

Re: charged twice for same offence

Those are two distinctly different suspensions and the charges are appropriate for each.
The impoundment is also legal. Your vehicle was towed because your were subject to the suspension for the "drive while suspended" not the unpaid fine.
See this link to the MTO VIP program: http://www.mto.gov.on.ca/english/safety/vip/responsibility.shtml
It's ...
by Decatur
Sun Feb 02, 2014 11:12 am
Forum: Driving While Suspended
Topic: charged twice for same offence
Replies: 6
Views: 4601

Re: charged twice for same offence

Driving while suspended for an unpaid fine isn't a criminal offence, so what are you suspended for?
Unpaid fine and a criminal prohibition??
by Decatur
Mon Jan 27, 2014 9:51 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: what is the definition of an intersection?
Replies: 7
Views: 4978

Re: what is the definition of an intersection?

This is actually the section for signalized intersections, not stop signs.
Stop signs are covered under section 136
Where the stop sign is posted usually has no bearing on where you are supposed to stop.
by Decatur
Sun Jan 26, 2014 12:54 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: what is the definition of an intersection?
Replies: 7
Views: 4978

Re: what is the definition of an intersection?

Yes. When there is a stop line you must stop "at the sign or roadway marking indicating where the stop is to be made."
If you go over it, you could be charged with the red light offence.
by Decatur
Sun Jan 26, 2014 10:11 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: what is the definition of an intersection?
Replies: 7
Views: 4978

Re: what is the definition of an intersection?

Section 144 defines"intersection" for the purpose of that section and describes where you must stop. It's very clear.
http://www.e-laws.gov.on.ca/html/statut ... .htm#BK219
by Decatur
Sun Jan 19, 2014 10:57 am
Forum: Parking Tickets
Topic: Wrong name on Notice of Trial
Replies: 3
Views: 2674

Re: Wrong name on Notice of Trial

There's nothing wrong with the notice of trial. All parking offences are the responsibility of the registered owner of the motor vehicle. You may want her to attend as a witness for the trial if she actually was driving that day.
by Decatur
Fri Jan 17, 2014 10:23 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Manual for Genesis VP Directional?
Replies: 14
Views: 6355

Re: Manual for Genesis VP Directional?

That "someone" is the manufacturer.
All of their devices come with a copy of the manufacturer manual. There is no mention nor a requirement to use tuning forks when testing.
by Decatur
Fri Jan 17, 2014 8:34 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Manual for Genesis VP Directional?
Replies: 14
Views: 6355

Re: Manual for Genesis VP Directional?

I can confirm that there is no requirement in the Canadian manual for the use of tuning forks with any Decatur radar.
by Decatur
Fri Jan 17, 2014 4:03 pm
Forum: Courts and Procedure
Topic: Being denied part of the disclosure request
Replies: 3
Views: 2392

Re: Being denied part of the disclosure request

File a motion.
Just because you request something, it doesn't mean you will get it or are entitled to it. In the end it's up to the crown to decide what to give you. If someone doesn't feel this is adequate, then they can petition the court to explain why it's necessary for their defence. The court will then make the decision.
I'm actually ...
by Decatur
Thu Jan 09, 2014 8:58 pm
Forum: Courts and Procedure
Topic: closed due to weather
Replies: 3
Views: 3037

Re: closed due to weather

The crown does not make the decision about whether to cancel trails that day. The court does. I imagine that any time would be counted as neutral.
by Decatur
Tue Dec 17, 2013 11:57 am
Forum: Failing to stop for a school bus
Topic: Passing bus on an intersection
Replies: 5
Views: 4250

Re: Passing bus on an intersection

You don't have to stop in the situation that you have described.
by Decatur
Sun Dec 15, 2013 1:29 pm
Forum: General Talk
Topic: Do tickets on a out of province license affect insurance?
Replies: 4
Views: 4403

Re: Do tickets on a out of province license affect insurance

They certainly can.
Convictions from out of province will also place demerit points on your Ontario licence.
ONTARIO REGULATION 339/94 outlines the process in section 4
by Decatur
Tue Dec 10, 2013 12:36 pm
Forum: General Talk
Topic: Motor Vehicle Involved (N) Checked - When to bring up.
Replies: 10
Views: 3996

Re: Motor Vehicle Involved (N) Checked - When to bring up.

There is no fatal flaw. The ticket may be amended at court and the officer will simply state that there was a motor vehicle involved. Hence, the box with the plate number is probably filled in.
The testing times are consistent with a properly tested radar.
by Decatur
Tue Dec 10, 2013 12:33 pm
Forum: Speed Traps
Topic: Is this legal?
Replies: 14
Views: 13518

Re: Is this legal?

It's perfectly legal for police to perform "speed checks" from private property. In fact I often get invited to sit in driveways.
There are no provincial guidelines covering where, when or how these speed checks are set up. Individual police service policy may have guidelines covering this.
by Decatur
Tue Dec 03, 2013 8:52 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Defenses + 11b Q
Replies: 7
Views: 5656

Re: Speeding Defenses + 11b Q

I don't see anywhere in your posts what the defense of "necessity" was in your case. Can you enlighten us?
by Decatur
Thu Nov 28, 2013 8:52 pm
Forum: Careless Driving
Topic: Rear End Collision - Careless Driving
Replies: 9
Views: 3772

Re: Rear End Collision - Careless Driving

The big vehicle didn't create the blind spot. You did.The further you are from the rear of a large vehicle, the more you can see.
You indicate "There was no sign of snow anywhere else on the Highway except for the place that I crashed my car."
200m to stop under those circumstances is generally more than double the distance required at the speed ...
by Decatur
Mon Nov 25, 2013 8:35 pm
Forum: Criminal Offences
Topic: Just a question
Replies: 1
Views: 2775

Re: Just a question

Because you have been charged with a Criminal Offence, this board will generally not comment, other than to say that you should consult legal counsel at the earliest possible time to assist you.
by Decatur
Tue Nov 19, 2013 4:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Court date soon, not given enough time to get disclosure
Replies: 3
Views: 2244

Re: Court date soon, not given enough time to get disclosure

Just tell them what you indicated in the original post. You don't have disclosure yet.The prosecutor isn't likely to tell you whether the officer is there or not. You need to ask for an adjournment because the only other option will be to proceed with the trial without disclosure.
by Decatur
Tue Nov 19, 2013 3:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Court date soon, not given enough time to get disclosure
Replies: 3
Views: 2244

Re: Court date soon, not given enough time to get disclosure

You won't get a stay. You'll simply get an adjournment to another date, either with the disclosure given to you at the appearance or prior to the next court date.
by Decatur
Tue Nov 12, 2013 4:02 pm
Forum: General Talk
Topic: Licence suspension for non payment of bicycle fines?
Replies: 3
Views: 2165

Re: Licence suspension for non payment of bicycle fines?

Section 46 is actually the section you should be looking at for suspension of a drivers licence for non-payment of a fine.
And yes. It does apply to fines received while driving a bicycle. This includes convictions under the HTA and any act listed in the schedule to this section.
If convicted of an HTA offence and the person does not hold a licence ...
by Decatur
Sat Nov 09, 2013 4:04 pm
Forum: General Talk
Topic: License Suspension
Replies: 5
Views: 2307

Re: License Suspension

I wouldn't recommend driving though. If the suspension is correct, you will have been deemed served your notice and may be stuck. They may also seize your licence if it's a valid suspension.
by Decatur
Thu Nov 07, 2013 9:38 pm
Forum: Careless Driving
Topic: Wrongfully charged
Replies: 4
Views: 2378

Re: Wrongfully charged

Sounds like your best bet at this point is to enter a plea of Not Guilty and as soon as you receive a trial notice, request disclosure to see what all of the evidence is.
Insurance companies don't determine fault based on whether a ticket is laid or not. They use Ontario Regulation 668 under the Insurance Act.http://www.ibc.ca/en/car_insurance ...
by Decatur
Thu Nov 07, 2013 8:00 pm
Forum: General Talk
Topic: Combination of "vehicles" exceeds G Class license max wgt
Replies: 4
Views: 14342

Re: Combination of "vehicles" exceeds G Class license max wg

See here about the annual inspection part:http://www.simonborys.ca/2012/02/when-d ... nspection/
CVOR:http://www.mto.gov.on.ca/english/trucks/cvor/

Also go to the MTO site for more general information about Commercial motor vehicles and their requirements
by Decatur
Thu Nov 07, 2013 5:45 pm
Forum: General Talk
Topic: Combination of "vehicles" exceeds G Class license max wgt
Replies: 4
Views: 14342

Re: Combination of "vehicles" exceeds G Class license max wg

With the information provided, you certainly need at least class D licence.
With the weight of the truck being 8505 kg, it also needs an annual inspection. The trailer you are towing would also need one.
I don't know of any exceptions for a trailer that size to not have a plate on it either.
by Decatur
Sat Nov 02, 2013 9:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Aircraft ticket near Cornwall - Fight or no fight?
Replies: 6
Views: 3508

Re: Aircraft ticket near Cornwall - Fight or no fight?

+1 to the above comment.
A vast majority of officers who are radar instructors or assigned to a traffic enforcement unit will either write the ticket at the reading displayed on the speed measuring device or not write the ticket. Reduction of a ticket is left to the prosecutor. This is the most fair and consistent way of dealing with speed ...