Search found 726 matches

by Decatur
Wed Oct 30, 2013 10:06 am
Forum: General Talk
Topic: i am in police foundations, did i ruin my career path by...
Replies: 6
Views: 2058

Re: i am in police foundations, did i ruin my career path b

He didn't say he blew a warn. Just a BaC above zero for a new driver. If you are found guilty you will be subject to an additional 30 day suspension. This will affect any immediate plans in the next year to get hired by any police agency in Ontario and will probably always be a consideration when hiring.
by Decatur
Fri Oct 18, 2013 5:02 pm
Forum: Driving While Suspended
Topic: Question about suspension
Replies: 3
Views: 3094

Re: Question about suspension

You answered your own question.
by Decatur
Sat Oct 12, 2013 11:05 am
Forum: Careless Driving
Topic: Can DashCam video help?
Replies: 7
Views: 2868

Re: Can DashCam video help?

I think it's a good Careless charge. Using that video to defend yourself would only show that your speed was too fast for the conditions at the time. You can see that most of the manhole is inside the turning lane and the vehicle cuts across the corner and into the curve. By hitting the manhole cover the road friction was reduced significantly and ...
by Decatur
Wed Oct 02, 2013 8:35 am
Forum: General Talk
Topic: Demerit points on bike in Quebec, transfer to Ontario?
Replies: 3
Views: 2818

Re: Demerit points on bike in Quebec, transfer to Ontario?

See http://www.simonborys.ca/2011/07/demerit-points-for-bicycles-and-e-bikes/ for an answer to your demerit point question.
All fines are identical for offences committed while driving a motor vehicle, riding a bicycle or power assisted bicycle.

However, under section 46 of the HTA dealing with default fines, your licence can be suspended for non ...
by Decatur
Tue Oct 01, 2013 2:29 pm
Forum: Summon
Topic: summon ticket court procedure
Replies: 3
Views: 3464

Re: summon ticket court procedure

Get disclosure. Possibly make a deal if that what you want. Certainly not a trial because there will be no witnesses present.
I'd just get disclosure and have it put off until another day.
by Decatur
Tue Sep 24, 2013 1:31 pm
Forum: General Talk
Topic: Distracted driving in Ontario
Replies: 1
Views: 2175

Re: Distracted driving in Ontario

In Ontario the section covering this does not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic.

I would suggest that a motor vehicle stopped in a lane of traffic with the car in park is ...
by Decatur
Mon Sep 16, 2013 4:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: "encouraging" an 11b?
Replies: 3
Views: 1838

Re: "encouraging" an 11b?

If you've received your trial date you should be requesting disclosure right now. Then making sure it's complete and asking for anything they may have forgot or any clarification you may need with regards to the officers notes like short forms being used.
by Decatur
Sun Sep 15, 2013 9:33 am
Forum: Careless Driving
Topic: drive with damaged bumper
Replies: 6
Views: 6781

Re: drive with damaged bumper

No.
There must be more to this story.
I strongly suggest that you enter a plea of not guilty and request disclosure right after you get your court date.
by Decatur
Wed Sep 11, 2013 8:39 pm
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6488

Re: Links to AI-013

I'm not in a position to give any legal advice about that subject. You may bring it up to the prosecutor but they would probably consider it evidence and not really want to hear it.
by Decatur
Wed Sep 11, 2013 8:27 pm
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6488

Re: Links to AI-013

You might want to consider more than just training. If it goes to trial ask about how often the officer actually uses radar. Just because they re qualify every 2 years doesn't mean they use it. I'd rather have an officer requal every 3 years and use it daily than someone who does it every 2 and takes the radar out once a month.
And don't forget to ...
by Decatur
Wed Sep 11, 2013 5:42 pm
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6488

Re: Links to AI-013

My line of thinking is that the OPP simply do their re qualifications more often than the Province requires. Under Provincial guidelines they are not required to do so. Even if they don't re qualify within the 2 year period I believe they are still qualified to operate speed measuring devices in Ontario.
You could try discussing this with the ...
by Decatur
Wed Sep 11, 2013 12:59 pm
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6488

Re: Links to AI-013

Considering that the "2011 Policy Services Manual" and the new standard are both dated 2011 it is possible that the OPP revised their manual prior to the new standard being issued?
The only way to find out whether the officer was "qualified" to operate a speed measuring device will be to ask him on the stand when he last qualified and go from there ...
by Decatur
Tue Sep 10, 2013 3:18 pm
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6488

Re: Links to AI-013

The Provincial Standard is now 36 months. The 2004 version was replaced in 2011. All police agencies in Ontario follow this standard. Some PSB sites may not have updated to reflect these recent changes. As far as I'm aware, the only way to get a true copy of the standard is to do the FOI request through the Provincial Government. The standard is ...
by Decatur
Tue Sep 10, 2013 9:26 am
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6488

Re: Links to AI-013

AI-013 is a Provincial document, not a specific police agency standard.
The Provincial standard for re-qualification of an operator is 36 months. 60 months for an Instructor.
At this moment I have never seen a current copy of the Provincial Standard AI-013 online. They are all the old standard.
by Decatur
Mon Aug 26, 2013 7:32 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Expired Plates - Wife driving
Replies: 3
Views: 3431

Re: Expired Plates - Wife driving

Not really. It's the responsibility of the person driving the motor vehicle to ensure that all of the required documents are in the vehicle as well as that it's mechanically safe. ie Brakes, lights
All of the charge wordings for that offence start with: "Drive motor vehicle-...." Not "Owner of motor vehicle"
by Decatur
Tue Aug 20, 2013 3:27 pm
Forum: General Talk
Topic: No Confirmation Of Speeding Ticket
Replies: 3
Views: 1743

Re: No Confirmation Of Speeding Ticket

1) You should probably contact the court. If everything was filed correctly you may even be a suspended driver by now. All correspondence would have been sent to the address that the MTO has on file for you. If nothing was filed you may have just been lucky, however the officer can still relay the charge by way of a Part III Summons up to 6 months ...
by Decatur
Mon Aug 19, 2013 3:32 pm
Forum: General Talk
Topic: utility trailer ownership
Replies: 3
Views: 4049

Re: utility trailer ownership

You'll need to take the vehicle portion of the old permit to your local Service Ontario to be issued a new plate if it was previously registered. If it never was you'll need to bring the receipt of purchase which should also have the make, model and VIN or serial number. If it's a homebuilt it might not even have a serial number and just the ...
by Decatur
Thu Aug 15, 2013 2:06 pm
Forum: Courts and Procedure
Topic: Convicted 2X for IMPROPER LEFT w/o NOTICE OF TRIAL
Replies: 9
Views: 4359

Re: Convicted 2X for IMPROPER LEFT w/o NOTICE OF TRIAL

Most procedures for Provincial Offences are covered by the Provincial Offences Act. http://www.e-laws.gov.on.ca/html/statut ... 0p33_e.htm
Any local polices must follow these procedures.
You may or may not be allowed to again re-open the case.
by Decatur
Wed Aug 14, 2013 8:21 pm
Forum: Courts and Procedure
Topic: Convicted 2X for IMPROPER LEFT w/o NOTICE OF TRIAL
Replies: 9
Views: 4359

Re: Convicted 2X for IMPROPER LEFT w/o NOTICE OF TRIAL

I see the problem of your second conviction. You didn't show up in court for the date that they gave you. They aren't required to send a new notice of trial if you were there to get the date yourself. The quote from Toronto.ca appears to be a section relating to "Parking Tickets" hence the use of the term Parking Tag Operations staff.
by Decatur
Tue Aug 13, 2013 9:56 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Reduced ticket from 46 km/h over
Replies: 12
Views: 4376

Re: Reduced ticket from 46 km/h over

Most of those documents aren't even in possession of the police. They can't disclose what they don't have.
by Decatur
Mon Aug 12, 2013 8:02 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Reduced ticket from 46 km/h over
Replies: 12
Views: 4376

Re: Reduced ticket from 46 km/h over

More than sufficient notes to obtain a conviction in my opinion. Similar template notes to what I use but with additional information.
Without using legal representation and not having knowledge of police radar you have an uphill battle.
by Decatur
Mon Aug 12, 2013 1:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Downhill speedlimit change
Replies: 1
Views: 2088

Re: Downhill speedlimit change

There isn't even a requirement under the HTA to post the reduced speed ahead signs. And even at 90m, you can see that type of sign even further away than that. By your own admission, you were already speeding at 89 in an 80. Doesn't matter whether you are on level ground, downhill, uphill or passing. You still have to stay within the posted (or ...
by Decatur
Mon Aug 05, 2013 11:06 am
Forum: Improper left turn
Topic: section 141(5) issues by OPP at accident and then Summons
Replies: 2
Views: 3643

Re: section 141(5) issues by OPP at accident and then Summon

The original ticket probably wasn't filed in time so a replacement summons was issued. The date on the Summons is usually a first appearance. You should also ask for your disclosure at this first appearance because the next date set will be the trial date.
by Decatur
Sat Aug 03, 2013 12:14 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Nabbed on the 400
Replies: 23
Views: 8809

Re: Nabbed on the 400

I'm not a big fan of a paralegal services for things which you may do just as easily yourself. It all depends on how much time you can spare if you want to fight the ticket.
You can always pay the original fine at any time up to the point of trial.
It can never hurt to get disclosure and see if the prosecutor will take a deal. All it costs is your ...
by Decatur
Sat Aug 03, 2013 9:10 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Nabbed on the 400
Replies: 23
Views: 8809

Re: Nabbed on the 400

I believe the 15 days start the day after service and include holidays and weekends unless the 15 days expires on a holiday or weekend day. If that is the case, then the next day is the expiration day.
The likelihood of a plea bargain depends on a number of things, including whether the officer reduced the charge at roadside, your prior driving ...
by Decatur
Sat Aug 03, 2013 8:50 am
Forum: General Talk
Topic: Rules for displaying dealer/service plates
Replies: 1
Views: 4671

Re: Rules for displaying dealer/service plates

That will not suffice. The Ontario regulation covering dealer and service plates states that: "A Dealer number plate or a Service number plate shall be attached to and exposed in a conspicuous position on the rear of the rear-most vehicle being towed or operated under the authority of the corresponding permit. O. Reg. 367/04, s. 3 (1)."
by Decatur
Tue Jul 23, 2013 4:07 pm
Forum: Red Light Camera Ticket
Topic: RL Ticket @ Erin Mills Pkwy & Folkway Dr -Defensible?
Replies: 1
Views: 2610

Re: RL Ticket @ Erin Mills Pkwy & Folkway Dr -Defensible?

It looks all in order to me. Why would the date be an issue?
by Decatur
Mon Jul 15, 2013 4:20 pm
Forum: General Talk
Topic: Failed to file Disclosure Request, How to Proceed at Trial?
Replies: 2
Views: 1723

Re: Failed to file Disclosure Request, How to Proceed at Tri

The "Notice of Trial" that was sent to you is just that. You'd better be prepared to proceed tomorrow. You can always request an adjournment but the JP may not grant it. If it is granted to you, any delay in the trial will be credited against you for any delay arguments. Disclosure for most HTA offences usually consists of the officers notes and ...
by Decatur
Thu Jul 11, 2013 10:00 pm
Forum: General Talk
Topic: Hand held device, ticket - Disclosure
Replies: 7
Views: 5253

Re: Hand held device, ticket - Disclosure

4. Some Lidar will have a low power scope on them. The one I use regularly has an 8 power and it does help with seatbelt cel phone enforcement on occasion.
by Decatur
Tue Jul 09, 2013 4:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Reduced ticket from 46 km/h over
Replies: 12
Views: 4376

Re: Reduced ticket from 46 km/h over

If you don't have it by the time of the trial or only a day or so before, request an adjournment so you can review the disclosure.