Search found 726 matches

by Decatur
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.
by Decatur
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.
by Decatur
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.
by Decatur
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 ...
by Decatur
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.
by Decatur
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
by Decatur
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.
by Decatur
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 ...
by Decatur
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.
by Decatur
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 ...
by Decatur
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.
by Decatur
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.
by Decatur
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.
by Decatur
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.
by Decatur
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 ...
by Decatur
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"
by Decatur
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.
by Decatur
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 ...
by Decatur
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.
by Decatur
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
by Decatur
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?
by Decatur
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.
by Decatur
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.
by Decatur
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.
by Decatur
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 ...
by Decatur
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 ...
by Decatur
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.
by Decatur
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.
by Decatur
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.
by Decatur
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.