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: 5417

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: 5186

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: 4355

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: 3494

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: 4355

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: 4355

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: 4712

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: 4712

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: 4712

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: 2506

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: 6112

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: 6112

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: 2216

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: 2672

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.