Search found 726 matches

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: 2451

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: 2451

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: 8208

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: 6774

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: 5358

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: 17390

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: 5898

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: 2850

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: 2760

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: 3631

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: 3631

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: 7657

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: 7657

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: 1989

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: 7506

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.