Search found 726 matches

by Decatur
Mon Mar 25, 2013 5:58 pm
Forum: Stunt Driving
Topic: Driving 183 on the 401
Replies: 5
Views: 3510

Re: Driving 183 on the 401

I've stopped someone for 93 over and they had no prior driving convictions. The fine was $2,000 and a one year suspension. In truth, the Justice wanted to put the driver in jail for a short term had the prosecution and defence not come to an agreement.
I strongly recommend counsel or you may end up in jail.
by Decatur
Sun Mar 24, 2013 7:45 pm
Forum: Driving While Suspended
Topic: License Suspension + Insurance Questions
Replies: 6
Views: 22368

Re: License Suspension + Insurance Questions

"So from what I understand from the above if that is correct once the fine is paid and license has been reinstated it comes off the record. But still wouldn't it show that the license had been suspended before at renewal time? It doesn't really specify if the whole incident comes off the record or just the outstanding fine."

I run DL histories all ...
by Decatur
Sun Mar 17, 2013 11:35 pm
Forum: Improper driving when road is divided into lanes
Topic: failure todrive in a marked lane charge after crash
Replies: 5
Views: 3599

Re: failure todrive in a marked lane charge after crash

Envirmant Canada reports will do you no good. You're supposed to adjust your driving to conditions.
by Decatur
Fri Mar 01, 2013 3:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap
Replies: 12
Views: 3630

Re: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Tr

"So would I not need to be charged under 128(1) for regular speeding, whereas it would be 128(8) for construction zone?"
No.
Those are the subsections listed in the HTA.
There is no subsection used on a Certificate of Offence for the charge of speeding. Just slight additions to the short form wording depending on whether the offence was in a ...
by Decatur
Fri Mar 01, 2013 2:22 pm
Forum: General Talk
Topic: Does officer need probable cause before they turn on radar?
Replies: 4
Views: 2152

Re: Does officer need probable cause before they turn on rad

"Probable cause" is a term used in the USA. There is nothing in Canadian law that says the officer has to "witness the vehicle at a high rate of speed" prior to turning on the radar. However, as part of a tracking history, the operator should observe the target travelling above the posted speed limit and then activate the radar. The radar simply ...
by Decatur
Fri Mar 01, 2013 1:08 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap
Replies: 12
Views: 3630

Re: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Tr

So now the question becomes: Is stating the section simply as "128" considered a wrong section number or an omitted section number?

It's neither. It's the correct section number as it stands. There is no sub-section.
by Decatur
Wed Feb 27, 2013 7:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap
Replies: 12
Views: 3630

Re: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Tr

1) If it's an old thread, start a new one.
2) That is the section number for speeding. No subsection required. No fatal error.
by Decatur
Tue Feb 26, 2013 4:03 pm
Forum: General Talk
Topic: Speeding Ticket
Replies: 2
Views: 1911

Re: Speeding Ticket

My favourite answer "it depends"
See Simons bolg here: http://www.simonborys.ca/2011/06/demeri ... n-ontario/
by Decatur
Tue Feb 26, 2013 3:53 pm
Forum: Driving While Suspended
Topic: Suspended-car taken away-but Judge just threw out case.
Replies: 3
Views: 2221

Re: Suspended-car taken away-but Judge just threw out case.

You've failed to mention what you are suspended for? Because this is a new charge, it has no relation to the prior case and you'll have to fight this new one. In Ontario a vehicle may be impouded for the following
Under the Road Safety Act, 2009, three new seven-day vehicle impoundments are effective December 1, 2010. These are in addition to the ...
by Decatur
Sat Feb 23, 2013 7:59 pm
Forum: General Talk
Topic: Do radars need certified calibration
Replies: 5
Views: 4623

Re: Do radars need certified calibration

Modern units will also not function when they detect harmonics or a level of RFI that is too high. Moving radar equipped with a VIP will also eliminate shadowing and batching by comparing the vehicle speed and the low doppker that is received.
by Decatur
Thu Feb 21, 2013 5:08 pm
Forum: General Talk
Topic: Do radars need certified calibration
Replies: 5
Views: 4623

Re: Do radars need certified calibration

Radar requal in Ontario is every 36 months for an Operator. If 1990 is his original date, I'd question them about their most recent requal.
by Decatur
Thu Feb 21, 2013 2:59 pm
Forum: General Talk
Topic: Do radars need certified calibration
Replies: 5
Views: 4623

Re: Do radars need certified calibration

Radar and Lidar only need to be calibrated when originally shipped to the police agency and after repairs are done. There is no requirement for annual calibration. Tuning forks (which are not required for most radar) are also not required to have calibration. In fact by using a tuning fork with a radar you are actually doing more of a test on the ...
by Decatur
Tue Feb 19, 2013 9:21 am
Forum: General Talk
Topic: What can I drive!?
Replies: 6
Views: 2559

Re: What can I drive!?

The prohibition does cover private property. Read on in section 259(4). This is the actual charge section.
Operation while disqualified

(4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock ...
by Decatur
Wed Feb 13, 2013 6:18 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Have trial next week for Failure to Obey Stop Sign
Replies: 6
Views: 3156

Re: Have trial next week for Failure to Obey Stop Sign

It looks like your photo from 60m away was taken from a point right next to the curb and not where traffic would normally be driving. That would change the angle and allow the sign to be seen from a greater distance. For the second photo, the stop line is very clear and it's in no way obstructed by trees or the hedge.
by Decatur
Wed Feb 13, 2013 6:08 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Stay or Adjournment?
Replies: 4
Views: 2598

Re: Stay or Adjournment?

It also appears that all of these cases are from the Ontario Court of Justice and made by a Justice of the Peace. These decisions are not binding on any other JP.
You should ask for a written explanation of any shortforms used. That may clear up some of the issues.
by Decatur
Tue Feb 12, 2013 2:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Stay or Adjournment?
Replies: 4
Views: 2598

Re: Stay or Adjournment?

The normal remedy for what you may believe to be incomplete disclosure is and adjournment. Just because you ask for something in disclosure doesn't mean it will be provided. This next appearance will be your opportunity to tell the Justice of the Peace why you believe that the entire manual is required for your defence.
Out of curiosity, which ...
by Decatur
Wed Feb 06, 2013 8:37 pm
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8731

Re: HTA 141(5) - left turn at T intersection

Additionally, you've probably been found at fault by your insurance company under the Ontario fault determination rules. These rules apply regardless of whether there is a charge laid or not.
by Decatur
Fri Feb 01, 2013 9:15 pm
Forum: Improper left turn
Topic: Fail to afford reasonable opportunity to avoid collision
Replies: 6
Views: 7019

Re: Fail to afford reasonable opportunity to avoid collision

The only way to avoid demerit points is to be found guilty of an offence that has no demerit points associated with it. The points are applied to your licence by the MTO and not the courts.
by Decatur
Thu Jan 31, 2013 4:47 pm
Forum: General Talk
Topic: Getting pulled over while on the highway, which side to go?
Replies: 2
Views: 5628

Re: Getting pulled over while on the highway, which side to

The following section of the HTA is pretty clear. If it's a section of 400 series with more than 2 lanes you pull to the nearest edge of the roadway. If only 2, then you have to pull to the right.

159. (1) The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing ...
by Decatur
Fri Jan 25, 2013 7:24 pm
Forum: General Talk
Topic: Driving with Headphones, Legal?
Replies: 10
Views: 17979

Re: Driving with Headphones, Legal?

Just start deleting the entire post and ban the account name. :)
by Decatur
Wed Jan 16, 2013 7:09 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 6175

Re: Careless in a parking lot

I tend to agree with Stanton and bend. The officer would be negligent if they didn't consider the totality of the events leading up to the collision that just happened to end on private property. Pre collision events are often the most important things to consider.
The case cited is also one that occurs entirely on private property and does not ...
by Decatur
Sun Jan 06, 2013 5:02 pm
Forum: General Talk
Topic: Part I or III offence?
Replies: 3
Views: 2995

Re: Part I or III offence?

A Summons can be issued under Part I or Part III and are generally used when there is no set fine available to the officer or if a higher fine is being asked for. I've seen them used if a person has multiple convictions for a similar offence.
by Decatur
Sun Jan 06, 2013 4:48 pm
Forum: General Talk
Topic: Do you have to stop before exitng private drive onto road?
Replies: 4
Views: 3012

Re: Do you have to stop before exitng private drive onto roa

The stop sign may still be on city/town property. Most municipalities have a large allowance of property well back from most roads to allow for infrastructure under the ground. You'd have to do some research to find out in each case.
by Decatur
Sat Dec 29, 2012 6:23 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need help with Court date on Jan 18 and discuss preperation
Replies: 9
Views: 3776

Re: Need help with Court date on Jan 18 and discuss preperat

The officers ticket is a carbon copy of what you have.
Common practice of most courts is to simply give a copy of the officers notes as part of disclosure. A second request is required if the officers notes are not legible and/or abbreviations need to be explained.
by Decatur
Sat Dec 29, 2012 3:44 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need help with Court date on Jan 18 and discuss preperation
Replies: 9
Views: 3776

Re: Need help with Court date on Jan 18 and discuss preperat

The other information that I requested like copy of ticket, maintenance records/ calibration records, witness will say statements, officer training records,etc was not provided.

1)You have a copy of the ticket. (Unless of course you turned it in without making your own copy first)
2)Maintenance/calibration records you will generally not get
3 ...
by Decatur
Mon Dec 17, 2012 8:23 pm
Forum: Criminal Offences
Topic: DUI charge on Private Property but NOT caught in the car
Replies: 12
Views: 8081

Re: DUI charge on Private Property but NOT caught in the car

Considering how the OP is just an "acquaintance" and was probably not there, it doesn't appear we have enough details to be of any help. As I posted earlier, the charged person should be seeking legal counsel right away.
by Decatur
Mon Dec 17, 2012 1:54 pm
Forum: Criminal Offences
Topic: DUI charge on Private Property but NOT caught in the car
Replies: 12
Views: 8081

Re: DUI charge on Private Property but NOT caught in the car

Criminal matters are generally not dealt with on this forum. I would strongly suggest that your friend contact legal counsel.
by Decatur
Sun Dec 16, 2012 8:45 pm
Forum: General Talk
Topic: Another thing to watch for in Toronto parking lots
Replies: 5
Views: 2168

Re: Another thing to watch for in Toronto parking lots

That's because dogs don't have opposable thumbs and can't use a handheld device, put on makeup, shave, eat a bowl of cereal or read a book while driving. All of which i've actually seen.
by Decatur
Fri Dec 07, 2012 7:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 66 in a permanently-posted 40 kph zone/CSZ
Replies: 24
Views: 8110

Re: 66 in a permanently-posted 40 kph zone/CSZ

The simple answer is yes. But not likely to happen in that scenario. Even a Part I issued for the offence would probably incur the wrath of most court offices, prosectors and Justices.