Search found 726 matches
- Thu Dec 06, 2012 7:50 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
Agree with Stanton. I issue a Part III for someone with multiple convictions for cel phone use.
- Wed Dec 05, 2012 9:38 pm
- Forum: Stunt Driving
- Topic: 168 in 100 zone. 400
- Replies: 10
- Views: 4090
Re: 168 in 100 zone. 400
Impaired driving was certainly criminal in the mid 1960's and even as early as the 1920's. The section in the early 50's to mid 60's was 223.
- Mon Nov 26, 2012 9:44 am
- Forum: General Talk
- Topic: Is there any product / service that could....
- Replies: 11
- Views: 3053
Re: Is there any product / service that could....
The simple answer is no. Nothing can ever be proven 100% beyond a shadow of a doubt that you were not speeding. An in fact, the court doesn't even use such a high standard to convict.
- Mon Nov 26, 2012 9:40 am
- Forum: Failing to yield the right-of-way
- Topic: No Charge, but Insurance is applying failure to yeild
- Replies: 3
- Views: 3919
Re: No Charge, but Insurance is applying failure to yeild
Right of way on entering highway from private road
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard.
Traffic entering a highway from private property must yield the ...
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard.
Traffic entering a highway from private property must yield the ...
- Sun Nov 18, 2012 2:48 pm
- Forum: General Talk
- Topic: Force Fatal Error?
- Replies: 6
- Views: 2805
Re: Force Fatal Error?
I've never seen a spot on a ticket for a vehicle year and description. Just a plate number.
- Wed Nov 07, 2012 2:51 pm
- Forum: General Talk
- Topic: Where does HTA get its authority?
- Replies: 5
- Views: 1978
Re: Where does HTA get its authority?
I wasn't going to make it that easy for the OP. I wanted them to look it up. lol
- Wed Nov 07, 2012 9:49 am
- Forum: General Talk
- Topic: Where does HTA get its authority?
- Replies: 5
- Views: 1978
Re: Where does HTA get its authority?
The Constitution Acts 1867-1982 actually set out the distribution of legislative powers between the Federal and Provincial Governments. The Ontario Highway Traffic Act was first introduced in 1923 and has had a number amendments due to changes in transportation since then.
- Tue Oct 30, 2012 10:30 am
- Forum: General Talk
- Topic: OHTA and Euro Style Front Plates
- Replies: 4
- Views: 3904
Re: OHTA and Euro Style Front Plates
But the front plate you want to use wasn't "issued in accordance with the regulations" so you can't use it.
The "prescibed manner" is in Ontario Reg 628 and says: "The number plates for a motor vehicle, other than a motorcycle or a motor assisted bicycle, shall be attached to and exposed in a conspicuous position on the front and rear of the motor ...
The "prescibed manner" is in Ontario Reg 628 and says: "The number plates for a motor vehicle, other than a motorcycle or a motor assisted bicycle, shall be attached to and exposed in a conspicuous position on the front and rear of the motor ...
- Sun Oct 28, 2012 10:28 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Incomplete disclosure
- Replies: 5
- Views: 2524
Re: Incomplete disclosure
I'm not a big fan of the templates or form letters. Keep it simple and ask only for what you know exists. Ask for a typed copy of the officers notes and shortforms and explain that you can't read them.
- Sun Oct 28, 2012 11:06 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Incomplete disclosure
- Replies: 5
- Views: 2524
Re: Incomplete disclosure
It's usually not automatic to get typed notes and explanations of abbreviations on a first disclosure request. You'll have to submit a specific request for these. A calibration "report". (you're probably thinking of a ceritificate) and a full copy of the manual aren't usually released in disclosure. Specific pages relating to testing of the device ...
- Fri Oct 26, 2012 7:28 pm
- Forum: Improper right turn
- Topic: Turn not in Safety - Is this a valid defese?
- Replies: 12
- Views: 4944
Re: Turn not in Safety - Is this a valid defese?
Read the entire post. tdottopcop isn't a police officer.
- Tue Oct 23, 2012 4:48 pm
- Forum: Courts and Procedure
- Topic: What length driving record will be relevant to prosecutor
- Replies: 7
- Views: 3073
Re: What length driving record will be relevant to prosecuto
Every case i've been to at court had the drivers entire extract. Right from day one of their driving.
- Tue Oct 23, 2012 4:44 pm
- Forum: Improper right turn
- Topic: Turn not in Safety - Is this a valid defese?
- Replies: 12
- Views: 4944
Re: Turn not in Safety - Is this a valid defese?
I'm curious as to exactly how you would "find" a witness? Stop someone driving by at 50 km/h or start approaching pedestrians in the area as the officer writes your ticket? They're not going to stick around.
- Mon Oct 22, 2012 12:50 pm
- Forum: Stunt Driving
- Topic: 158 in a 100 zone. Car/lisence suspended. Best/worst case?
- Replies: 4
- Views: 3091
Re: 158 in a 100 zone. Car/lisence suspended. Best/worst cas
Agree with Radar Identified. Had a first time offender with a G2 licence last year enter a gulity plea at the earliest possible time and it was a $2,000 fine and one year suspension. That was for a 153 km/h in a 60 km/h zone.
- Wed Oct 17, 2012 9:17 pm
- Forum: Careless Driving
- Topic: Help: Careless Driving for Minor Bump <$1,000 No Injuries
- Replies: 9
- Views: 4002
Re: Help: Careless Driving for Minor Bump <$1,000 No Injurie
I don't really agree that "careless is kinda hard to prove" it all depends on the circumstance surrounding the collision. If there's no evidence of follow too close (like a long skid into the back of a stopped vehicle) there's a pretty good chance that the driver didn'tn have due care and attention. Careless isn't given out for all accidents at ...
- Mon Oct 15, 2012 5:07 pm
- Forum: Careless Driving
- Topic: Help: Careless Driving for Minor Bump <$1,000 No Injuries
- Replies: 9
- Views: 4002
Re: Help: Careless Driving for Minor Bump <$1,000 No Injurie
In this situation you won't be able to plea down to 141(5) becaause a left turn wasn't invloved. There are a couple of others available though like "Follow too close" or "Fail to turn out to the left to avoid collision"
- Thu Oct 11, 2012 11:54 am
- Forum: Driver failing to wear a seat belt
- Topic: Back Seat Passenger fine
- Replies: 4
- Views: 5532
Re: Back Seat Passenger fine
The driver wasn't held responsible. The OP was the passenger and received the ticket. The driver is only respnsible for passengers under the age of 16.
- Wed Sep 26, 2012 2:06 pm
- Forum: Courts and Procedure
- Topic: Set fine $108.75 for speeding 29km over??
- Replies: 2
- Views: 2347
Re: Set fine $108.75 for speeding 29km over??
Speeding fines for your range are calulated at $3.75 per km x 29=$108.75 + the $25 victim surcharge and a $5 fee. The fine on your ticket is the out of court payment. The $4.50 is the in court fine that you would be subject to if found guilty.
The "brief" is not a charging document and the wrong date will not affect the charge.
The original ticket ...
The "brief" is not a charging document and the wrong date will not affect the charge.
The original ticket ...
- Sun Sep 23, 2012 3:04 pm
- Forum: General Talk
- Topic: Cop knocking on your door
- Replies: 13
- Views: 4509
Re: Cop knocking on your door
He wasn't "invited" to the police station he was arrested. It also appears that this case is still before the courts so I won't comment further.
- Mon Sep 17, 2012 11:50 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: First post: Is there a speed allowance for overtaking?
- Replies: 7
- Views: 5332
Re: First post: Is there a speed allowance for overtaking?
1. No
2. No
The only way to get no demerit points is a guilty plea to an offence that doesn't have any. eg. 15 km/h over or less
2. No
The only way to get no demerit points is a guilty plea to an offence that doesn't have any. eg. 15 km/h over or less
- Sat Sep 15, 2012 10:59 am
- Forum: General Talk
- Topic: Not at-fault, not using insurance - need multiple quotes?
- Replies: 6
- Views: 2746
Re: Not at-fault, not using insurance - need multiple quotes
With that damage estimate, this is considered a reportable accident. Was it reported to the police?
- Fri Sep 14, 2012 12:39 pm
- Forum: General Talk
- Topic: Ridiculous HOV ticket, with a green plated vehicle
- Replies: 7
- Views: 10802
Re: Ridiculous HOV ticket, with a green plated vehicle
"Anecdotal" evidence won't be admissable in court. It's considered hearsay.
- Tue Sep 11, 2012 5:40 pm
- Forum: Parking Tickets
- Topic: Parking ticket 11b?
- Replies: 1
- Views: 2003
Re: Parking ticket 11b?
I'm curious as to what disclosure there would be on a parking ticket? There usually aren't any notes made and everything is either printed or written on the face.
- Tue Sep 11, 2012 3:09 pm
- Forum: Commercial Vehicle Safety Alliance (CVSA)
- Topic: Commercial vehicle??
- Replies: 7
- Views: 4635
Re: Commercial vehicle??
A mobile home is propelled under its own power.
- Mon Sep 10, 2012 10:42 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding 45 Over, Incomplete Disclosure
- Replies: 4
- Views: 2629
Re: Speeding 45 Over, Incomplete Disclosure
The Justice may have had a conflict of interest of some sort and couldn't continue. (She may know someone involved) You are responsible to prove that those items are necessary for your defence. You're not likely to get a certificate of conformance from the prosecutor or the police because they don't control those documents in the first place. And ...
- Mon Sep 10, 2012 10:24 pm
- Forum: Commercial Vehicle Safety Alliance (CVSA)
- Topic: Commercial vehicle??
- Replies: 7
- Views: 4635
Re: Commercial vehicle??
One of our most trusted and regular posters has written an article about the requirements for an annual inspection: http://www.simonborys.ca/2012/02/when-do-i-need-an-annual-inspection/
It also doesn't matter whether the vehicle/trailer is used for commercial purposes or not. A good example is the dual wheel pickup that many people simply like to ...
It also doesn't matter whether the vehicle/trailer is used for commercial purposes or not. A good example is the dual wheel pickup that many people simply like to ...
- Tue Sep 04, 2012 2:51 pm
- Forum: General Talk
- Topic: Prosecution refused disclosure for speeding charge.
- Replies: 55
- Views: 17431
Re: Prosecution refused disclosure for speeding charge.
It probably is available to the public. You may have to do an FOI request from the originator of the document. The Ministry of Community and Correctional Services. When you do ask for documents, make sure you ask for the version that was vaild at the time of the alleged offence.
- Mon Sep 03, 2012 10:48 pm
- Forum: Courts and Procedure
- Topic: when do convictions dissapear?
- Replies: 5
- Views: 2902
Re: when do convictions dissapear?
They don't disappear from an abstract at all. I've seen plenty in court with much older convictions on them.
- Mon Sep 03, 2012 3:31 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Precedents - Highway 159(3), Fail To Move Into Another Lane
- Replies: 2
- Views: 6713
Re: Precedents - Highway 159(3), Fail To Move Into Another L
Try reading the section in question and then using Canlii or other case law service to do a search on key words from the section. I don't believe that you'll find much case law though.
- Mon Sep 03, 2012 3:01 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 35 over notice of trial mistakes/ disclousure request
- Replies: 8
- Views: 3939
Re: 35 over notice of trial mistakes/ disclousure request
You're not likely to get maintenace and calibration records. If you believe that you haven't received enough disclosure, you have to show the court why you need it.