Search found 726 matches

by Decatur
Mon Oct 16, 2017 3:44 pm
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 13118

Re: got pulled over on a bridge bus lane in Ottawa

If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face.
The offcer is not required to be there for this process.
by Decatur
Wed Sep 20, 2017 7:56 pm
Forum: Hand-held devices
Topic: Hand held device - court
Replies: 5
Views: 5087

Re: Hand held device - court

Whether you own the vehicle or not has no bearing on what a fine should be in this case, and most others. Zero points is not an option if convicted of this offence.
Maybe the prosecutor needs to go back to school.
by Decatur
Tue Sep 19, 2017 2:37 pm
Forum: Hand-held devices
Topic: Hand held device - court
Replies: 5
Views: 5087

Re: Hand held device - court

I honestly don't think the prosecutor knows what they're talking about. There is no short wording for the offence of owner use handheld device. Demerit points are also out of the control of the JP and prosecutor. They are applied by the MTO after a conviction.
What charge are they actually using to eliminate the demerit points?
by Decatur
Wed Sep 06, 2017 2:49 pm
Forum: General Talk
Topic: bicycle fails to trip green light sensor coil
Replies: 11
Views: 4244

Re: bicycle fails to trip green light sensor coil

If you're turning from a one way street to a one way street you can go left on a red light.
by Decatur
Mon Sep 04, 2017 11:58 am
Forum: Hand-held devices
Topic: Display screen visible to driver
Replies: 1
Views: 3692

Re: Display screen visible to driver

No. Because it's not a device "prescribed" by Regualtion 366/09
by Decatur
Fri Aug 25, 2017 2:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 16380

Re: Failure to stop. 136(1)(b)

A fatal error is something on the face of a ticket that a JP can see is obviously an egregious error. An example would be no city or location, no name of an accused, etc. Remember that the JP does not have the privilege of knowing the evidence related to the ticket at the time and they are also not privilege to the defendants copy of the ticket so ...
by Decatur
Sun Aug 06, 2017 3:57 pm
Forum: Parking Tickets
Topic: Old Carriage Court Kitchener
Replies: 6
Views: 3345

Re: Old Carriage Court Kitchener

What other people were doing on Google maps won't have any effect on any current ticket. You just happen to have been caught on that particular day.
by Decatur
Sun Aug 06, 2017 7:13 am
Forum: Parking Tickets
Topic: Old Carriage Court Kitchener
Replies: 6
Views: 3345

Re: Old Carriage Court Kitchener

Of course It's a two way street. Otherwise traffic could go down and not get out or visa versa.
Traffic must generally park with right wheels to the curb line.
You won't find any ministry documents to help you out either. It's a by-law and you should be able to locate it on the website for the local municipality. Check the ticket for the bylaw ...
by Decatur
Sun Jul 30, 2017 7:54 pm
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
Replies: 10
Views: 13399

Re: Received red light camera ticket

Just so you're aware, the Provincial Offence Officer who certifies, does NOT have to appear in court just because you want them there. You're not likely to get a JP to order the appearance.
As per the HTA:

Challenge to officers evidence
205.20 (1) The provincial offences officer who used the evidence obtained through the use of a red light ...
by Decatur
Sun Jul 30, 2017 7:46 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Caught speeding excessively but wasn't pulled over
Replies: 8
Views: 5384

Re: Caught speeding excessively but wasn't pulled over

They can't charge the owner for speeding or stunt. They have to identify the driver.
by Decatur
Fri Jul 21, 2017 7:58 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17953

Re: 121 km/h in a posted 80 km/h - Disclosure attached

A 300 m shot with a beam width of .75m (yes that is the correct width for some Lidar) is very easy with a motor vehicle approaching while your off to the side of the road. With zero magnification as well. It's an every day occurrence.
by Decatur
Sun Jul 16, 2017 8:10 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37330

Re: Speeding and Follow Too Closely

Take a shot by adding that your first option would be to have the case withdrawn, then the next option would be to have an adjournment attributable to the prosecutor.

You can't get a hit if you don't swing.
by Decatur
Tue Jul 04, 2017 9:47 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Stunt Driving in Peel
Replies: 8
Views: 6398

Re: Stunt Driving in Peel

The trial can also be held in any adjacent jurisdiction. As per the Ontario Provincial Offences Act.
by Decatur
Wed Jun 21, 2017 10:55 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Caselaw for speeding on curved road
Replies: 5
Views: 3391

Re: Caselaw for speeding on curved road

If you're basing your appeal on the fact that the Lidar was "inaccurate" you're going to have a very difficult time. From you description it sounds like the officer was not level with the path of travel and off to the side. This would produce a cosine angle affect that would put the reading displayed as lower than how fast you were actually ...
by Decatur
Thu Jun 15, 2017 4:50 pm
Forum: Courts and Procedure
Topic: Prosecutor didn't read the charges
Replies: 4
Views: 3624

Re: Prosecutor didn't read the charges

The prosecutor doesn't read the charges out in court. The Court Clerk or sometimes the JP does this. It's not usually done until just before the accused enters a plea of guilty or not guilty. In your case you're attempting to do neither.
by Decatur
Thu Jun 01, 2017 5:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice on Speeding Ticket 17KM/H Over Limit
Replies: 12
Views: 4818

Re: Advice on Speeding Ticket 17KM/H Over Limit

Slight correction. Speeding is always absolute liability. The offence of stunt driving with the speeding component is strict liability.
by Decatur
Tue May 30, 2017 11:10 pm
Forum: Failing to obey signs
Topic: 182 (2) Disobey Sign for U-Turn
Replies: 5
Views: 9872

Re: 182 (2) Disobey Sign for U-Turn

102(2) doesn't mean that the owner can be convicted of those offences like a red light camera offence. It simply says you that the owner can't be convicted under section 182. Unless they were also the driver. But the conviction would be against them as the driver. 182(2) has no provision in the section to charge an owner.
by Decatur
Sun May 14, 2017 6:49 pm
Forum: General Talk
Topic: license suspended but ownership of a car?
Replies: 4
Views: 3084

Re: license suspended but ownership of a car?

Having a valid licence is not a condition of owning a motor vehicle. Someone who's never had a licence can still own a motor vehicle. MTO simply creates a RIN for the person.
They'll likely use the old RIN.. (which in a lot of cases is the same as the DL number)
by Decatur
Tue Apr 18, 2017 2:55 pm
Forum: General Talk
Topic: Speeding ticket with fatal error?
Replies: 34
Views: 22984

Re: Speeding ticket with fatal error?

I thought it was a 9.1. Oh well....
by Decatur
Tue Apr 18, 2017 12:19 pm
Forum: General Talk
Topic: Speeding ticket with fatal error?
Replies: 34
Views: 22984

Re: Speeding ticket with fatal error?

You're probably also going to want a transcript for the court that convicted you. You'll likely have to pay for this as well.
by Decatur
Thu Apr 13, 2017 7:35 am
Forum: Courts and Procedure
Topic: Disclosure MUST be viewed "in our office"
Replies: 4
Views: 3240

Re: Disclosure MUST be viewed "in our office"

Ah. The "shopping list"
o a full copy of the police officers notes;
You'll get this
o a copy of both sides of the officers copy of the ticket (Notice of Offence);
You may get another of this. You may still have your copy
o a typed version of any hand written notes;
You won't get this unless item one isn't legible
o witness will say statements ...
by Decatur
Wed Apr 12, 2017 8:40 pm
Forum: Courts and Procedure
Topic: Disclosure MUST be viewed "in our office"
Replies: 4
Views: 3240

Re: Disclosure MUST be viewed "in our office"

Without knowing what you requested for disclosure, I don't think anyone could offer and suggestions.
Can you clarify what you asked for?
by Decatur
Sat Apr 08, 2017 8:52 am
Forum: General Talk
Topic: Tint law on new vehicles
Replies: 5
Views: 16280

Re: Tint law on new vehicles

The Passenger/Light-Duty Vehicle Inspection Standard of 70% of light transmittance is not roadside enforceable and there is no charge under the HTA based on a percentage for any window covering.

The enforcement section under the HTA is still based on section 73.

Equipment obstructing view
Signs, objects, etc.
73 (1) No person shall drive a motor ...
by Decatur
Sat Apr 01, 2017 5:50 pm
Forum: Failing to stop for a school bus
Topic: Please help!!!!!!!
Replies: 12
Views: 5003

Re: Please help!!!!!!!

The lesser offence that may be possible would be to plea guilty to the same offence but as the owner of the motor vehicle, if the OP is the owner. No demerit points but the same fine and it wouldn't affect insurance rates. If they offer this one I'd jump at it! The fines can actually be paid over time if you need it.
by Decatur
Fri Mar 31, 2017 10:14 pm
Forum: General Talk
Topic: Car impounded - Driving under suspension ticket NOT FILED!!!
Replies: 3
Views: 2283

Re: Car impounded - Driving under suspension ticket NOT FILE

Driving under suspension for unpaid fines doesn't result in a vehicle seizure. What are you allegedly suspended for? If you paid off some fines, you may have multiple suspensions for different reasons on your record.
by Decatur
Fri Mar 31, 2017 10:08 pm
Forum: Failing to stop for a school bus
Topic: Please help!!!!!!!
Replies: 12
Views: 5003

Re: Please help!!!!!!!

Only if it's lessened to a charge that doesn't have demerit points.
by Decatur
Fri Mar 31, 2017 9:07 pm
Forum: Failing to stop for a school bus
Topic: Please help!!!!!!!
Replies: 12
Views: 5003

Re: Please help!!!!!!!

If you're convicted of the offence as charged, they can't lessen the demerit points. The courts have no say in demerit points. They are administered by the MTO.
by Decatur
Fri Mar 31, 2017 6:31 pm
Forum: General Talk
Topic: Car impounded - Driving under suspension ticket NOT FILED!!!
Replies: 3
Views: 2283

Re: Car impounded - Driving under suspension ticket NOT FILE

It's not a poa ticket for drive under suspension. It wouldn't be in the same database as Part one tickets.
Your Part three summons is a slightly different process and may even be under the jurisdiction of the Crown Attorneys office and not the municipal prosecutor. Deep ending on when your court date is, it may not even be processed yet.
You'll ...
by Decatur
Sun Mar 26, 2017 9:17 pm
Forum: Compulsory Automobile Insurance Act
Topic: Electronic Proof of Insurance Cards - accepted by LEOs?
Replies: 19
Views: 19281

Re: Electronic Proof of Insurance Cards - accepted by LEOs?

"The system" does not include the computer network that the police use. If anything, some access to some users may indicate whether the vehicle is insured or not, but the is based on the information that is submitted when a validation sticker is renewed. This information is usually not accurate or incomplete. You still have to carry your valid ...
by Decatur
Thu Mar 23, 2017 11:38 am
Forum: Compulsory Automobile Insurance Act
Topic: Electronic Proof of Insurance Cards - accepted by LEOs?
Replies: 19
Views: 19281

Re: Electronic Proof of Insurance Cards - accepted by LEOs?

1- There's no way i'm taking someones phone back to a police vehicle.
2- I'm not going to stand at roadside to write notes/evidence for any potential charges.