Search found 726 matches

by Decatur
Mon Aug 08, 2011 10:01 am
Forum: General Talk
Topic: Wrong last name on ticket
Replies: 4
Views: 2338

Re: Wrong last name on ticket

Under the Provincial Offences Act a "Young person": means a person who is or, in the absence of evidence to the contrary, appears to be,
(a) twelve years of age or more, but
(b) under sixteen years of age,
and includes a person sixteen years of age or more charged with having committed an offence while he or she was twelve years of age or more but ...
by Decatur
Sat Aug 06, 2011 2:33 pm
Forum: General Talk
Topic: 2 tickets, one of them has a mistake...
Replies: 7
Views: 2278

Re: 2 tickets, one of them has a mistake...

You might want to look into your cities parking by-laws before you do anything with the tickets or while you are deciding whether to fight them. Most cities restrict parking on the street to a maximum of 12 hours regardless of any signs permitting parking. You may be lucky that the car wasn't towed away in some cases.
by Decatur
Fri Aug 05, 2011 11:59 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 35033

Re: 11B VICTORY- RE: 153 In A 100 Zone (Highway 404 South)

"Did you know the Prosecutor is not a lawyer? He/She is a regular person like you or me with just as much training – so don't think your in there fighting some lawyer with a law degree, your not, the prosecutor is a civilian like you and me!"

This may differ from jurisdiction to jurisdiction. All prosecutors for our area are lawyers.
by Decatur
Fri Aug 05, 2011 11:55 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 35033

Re: 11B Victory, How To Remove Record From Drivers Abstract?

I'm not quite sure why they would use the term "police privilege', when in fact the police have nothing to do with adding or removing anything from a driving abstract. That's all done by the MTO. I'd start with calling them.
by Decatur
Tue Jul 26, 2011 6:00 pm
Forum: Summon
Topic: I have a few questions.
Replies: 14
Views: 4636

Re: I have a few questions.

You can always ask for leniency but it's entirely up to the JP. They are more likely to give you extra time to pay any fines that are judged against you. IMO the full-time student excuse won't be given much sympathy from the JP. The likely scenario will be that you are given 3 months to pay and at the end of that if you have been part paying the ...
by Decatur
Mon Jul 18, 2011 11:44 am
Forum: Summon
Topic: I have a few questions.
Replies: 14
Views: 4636

Re: I have a few questions.

2) A plate portion of a permit can be registered to a different party than the vehicle portion.
3) And the minimum fine is usually $5,000
by Decatur
Tue Jul 12, 2011 9:35 pm
Forum: General Talk
Topic: wrong information on the NOTICE OF TRIAL
Replies: 7
Views: 3034

Re: wrong information on the NOTICE OF TRIAL

Your notice of trial is not the official charging document and the incorrect information will not assist you in your defence.
As far as i'm aware, you are under no obligation to correct them.
by Decatur
Tue Jul 12, 2011 2:15 pm
Forum: General Talk
Topic: Ticket - Driving Using Handheld device
Replies: 8
Views: 3692

Re: Ticket - Driving Using Handheld device

The JP doesn't have access to your Drivers Licence information except for what's actually on the ticket. If you didn't show up there would be no way for the JP to know the address is different.
Referring to the fact that you believe the officer to be "incompetent" based on a wrong address probably won't get you very far with the JP or the ...
by Decatur
Tue Jul 12, 2011 12:06 pm
Forum: General Talk
Topic: Ticket - Driving Using Handheld device
Replies: 8
Views: 3692

Re: Ticket - Driving Using Handheld device

The fact that your address is wrong is not a fatal flaw on the ticket and it would not be quashed. How would the Justice of the Peace know that your address is wrong on the ticket anyway?
Things like leaving the date and time of the ticket off, the officer not signing the ticket, leaving off the set fine could be flaws.
by Decatur
Tue Jul 12, 2011 11:46 am
Forum: General Talk
Topic: my vehicle was towed from a private parking lot
Replies: 2
Views: 4900

Re: my vehicle was towed from a private parking lot

I'd actually know what you were arrested for and if they actually laid any charges?
by Decatur
Mon Jul 11, 2011 8:15 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to stop at a stop sign? (Maybe)
Replies: 1
Views: 2269

Re: Failed to stop at a stop sign? (Maybe)

As for the placement of the stop sign, that's not actually where you are supposed to stop. Depending on the road design, you either stop at the marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection.
For disclosure you'll want to attend the local court ...
by Decatur
Mon Jul 04, 2011 6:08 pm
Forum: General Talk
Topic: Will I get a ticket? - small wind deflectors
Replies: 5
Views: 1675

Re: Will I get a ticket? - small wind deflectors

I'll give you my standard answer: "It depends"
1) Do you get caught?
2) Is it actually raining out?
2) Every Officer is an individual and can use their own discretion.

Look at it like rolling dice, sometimes you roll boxcars and sometimes snake eyes.

How you react during the vehicle stop may influence the outcome as well.

Personally i'd ...
by Decatur
Tue Jun 28, 2011 10:52 pm
Forum: General Talk
Topic: Emergency vehicles
Replies: 15
Views: 9184

Re: Emergency vehicles

The correct response on a multi-lane highway is to pull over to the nearest edge of the roadway.

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 intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department ...
by Decatur
Mon Jun 27, 2011 8:25 pm
Forum: Courts and Procedure
Topic: Court date set - how to proceed
Replies: 3
Views: 2300

Re: Court date set - how to proceed

I agree with Simon. Our agency gives copies the testing procedure for the radar and if you want to see a manual you may with one of our court officers present.
by Decatur
Sat Jun 25, 2011 10:47 am
Forum: Failing to stop for a school bus
Topic: Failure to stop for a school bus
Replies: 6
Views: 3671

Re: Failure to stop for a school bus

Section 175 is posted for Bluebird

Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead ...
by Decatur
Mon Jun 13, 2011 10:55 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Calibration discrepancy or sloppy writing - viable defence?
Replies: 18
Views: 7229

Re: Calibration discrepancy or sloppy writing - viable defen

That's funny. I don't see any mention of a "laser" being used or anything on the disclosure about "calibration" I see a Decatur Electronics Genesis II being used.
by Decatur
Tue Jun 07, 2011 6:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Charge Withdrawn - Success story
Replies: 46
Views: 27741

Re: Charge Withdrawn - Success story

Just some food for thought. Industry Canada issues licences for mobile and base station police radio, MDT's and .....mobile and stationary police radar units. Would the fact that they are issuing the licences not mean that Industry Canada is following a standard?
Most radar units i've dealt with are sent back to the distributor and calibrated on an ...
by Decatur
Tue May 31, 2011 3:44 pm
Forum: Driving While Suspended
Topic: Lic suspended due to unpaid fine
Replies: 9
Views: 13794

Re: Lic suspended due to unpaid fine

You're actually lucky you got stopped when you did and all you got was a suspension notice. After 7 days of a suspension being valid you are "deemed served" your notice by the Ministry to the last address they have on file for you. Any time after that 7 days and you would have been charged with driving under suspension and still had to pay the ...
by Decatur
Tue May 31, 2011 10:38 am
Forum: Driving While Suspended
Topic: Lic suspended due to unpaid fine
Replies: 9
Views: 13794

Re: Lic suspended due to unpaid fine

WTF?! Whatever happened to having to pay it before you re-new your license.

They still use that system to collect unpaid parking tickets and HWY 407 tolls when you renew the vehicle plate every one or two years. Most fines issued under the HTA are to the driver so the suspension system is needed. It helps keep habitual offenders off the road and ...
by Decatur
Fri May 20, 2011 9:54 pm
Forum: General Talk
Topic: Sticker ticket
Replies: 4
Views: 2255

Re: Sticker ticket

And please..... for Non commercial motor vehicles, please put it on the rear plate and in the top RIGHT corner. :) Commercial- front plate and top right.... Just a pet peeve. I really hate people who like to decorate their plates with val tags.
by Decatur
Thu Apr 28, 2011 4:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Preparing for Trial - Inadequate Disclosure
Replies: 8
Views: 3047

Re: Preparing for Trial - Inadequate Disclosure

Shirt colour and number of passengers? Very thin. They also have to real bearing on the original offence.
by Decatur
Sun Apr 24, 2011 8:26 pm
Forum: Failing to obey signs
Topic: Need Advice - Disobey STOP sign
Replies: 7
Views: 2960

Re: Need Advice

I'm beginning to think that some courts may take a dim view of not providing either a phone number or an e-mail address. Most of the Justices of the Peace are every in touch with technology and would recognize when someone is attempting to delay the receipt of disclosure.
by Decatur
Sun Apr 24, 2011 8:21 pm
Forum: Compulsory Automobile Insurance Act
Topic: 4 tickets for driving with no insurance
Replies: 4
Views: 5829

Re: 4 tickets for driving with no insurance

Considering that the minimum fine for just driving without insurance is $5,000, I would strongly recommend legal council. (Lawyer or paralegal)
by Decatur
Thu Apr 21, 2011 5:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 115km in an 80km
Replies: 7
Views: 3242

Re: 115km in an 80km

1. Request disclosure for both offences
2. Chances are slim to nil in beating the validation fine. Doesn't matter who the owner is. It's the drivers responsibility to make sure that the plates are valid. You can be charged any time after they expire. Any warnings are a bonus.
3. There is an exemption under the HTA for speeding:

128(13) The speed ...
by Decatur
Tue Apr 19, 2011 9:31 am
Forum: Improper right turn
Topic: Speeding ticket (>15km/h, but I have some empirical data)
Replies: 5
Views: 5039

Re: Speeding ticket (>15km/h, but I have some empirical data

The objective of the police officer is to enforce the laws. Either by way of warning someone or giving them a ticket. You got somewhere in between when he reduced the fine at roadside. If you plead not guilty, the prosecutor will probably amend the speed on the ticket up to the original 25 over and go from there. If convicted you will get the fine ...
by Decatur
Fri Apr 15, 2011 9:12 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: I have 4 yellow tickets and wondering what I can expect !!
Replies: 1
Views: 2397

Re: I have 4 yellow tickets and wondering what I can expect

Your best bet would be letting your lawyer deal with all of these charges because they result from the same incident
Whether you stole the plates or not isn't material at all. The charge you indicated is one that alleges that you were in possession of property that had been stolen (possibly by a third party) Vehicles in Ontario are never sold with ...
by Decatur
Tue Apr 12, 2011 5:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Prosecutor's Motion to Adjourn original Trial Date
Replies: 8
Views: 3741

Re: Prosecutor's Motion to Adjourn original Trial Date

The prosecutor doesn't set the court date. The court does. The prosecutor will be requesting that the court date be changed because the officer is not available for trial that day. You (or your agent) can agree with the change or explain to the Justice that you are ready to proceed with the trial that day. As for the "rubber stamp" it's totally ...
by Decatur
Mon Apr 11, 2011 7:51 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 150 in a 80 someone please please give me advice
Replies: 8
Views: 4907

Re: 150 in a 80 someone please please give me advice

Having some sort of legal representation would be a very good idea.
Recently I was in court and a G2 driver with a clean record was given a $2000 fine and a licence suspension of one year for driving 153km/h in a 60 km/h zone. (1 am in the morning)This was an agreed upon sentence between the prosecutor and defence. Of interest though is that the ...
by Decatur
Sat Apr 09, 2011 7:33 pm
Forum: Courts and Procedure
Topic: Does a ticket have to be fully complete?
Replies: 2
Views: 1752

Re: Does a ticket have to be fully complete?

That ticket would not be considered incomplete. I believe those boxes are generally for administrative purposes at the local level.