Search found 726 matches

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: 3742

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: 5295

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: 2219

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: 4249

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: 4973

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: 2515

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: 10476

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: 1833

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: 4249

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: 2449

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: 4249

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: 15728

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: 2653

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: 6464

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: 3636

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.