Search found 95 matches

by EphOph
Mon Jun 12, 2017 9:15 am
Forum: General Talk
Topic: Cell Phone Ticket. Need Advice
Replies: 29
Views: 11899

Re: Cell Phone Ticket. Need Advice

Update:

Going into this, I knew what my options were.

A. If the cop wasn't there, I would proceed to trial
B. If the cop was there,
i. Plead guilty for a lower fine
ii. Ask for an adjournment because I didn't have the in car video yet that was part of the disclosure

I looked at the trial list and found that the our ticket was the only one that ...
by EphOph
Mon Jun 12, 2017 9:03 am
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 13836

Re: Failed to stop for school bus

screeech, you can view the thread here: https://www.ontariohighwaytrafficact.com/failing-to-report-a-collision-to-a-police-officer/fail-report-advice-needed-t7717.html . End result was a plea deal to a municipal bylaw.

argyll, you do have a point and although I personally would never admit to anything to a police officer, I have heard from people ...
by EphOph
Thu Jun 08, 2017 2:57 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 13836

Re: Failed to stop for school bus

Many times the evidence is not there, and a testimony will self incriminate you.

On what evidence or experience do you base 'Many times...". Occasionally would be a more accurate word. My scenario is far, far more prevalent based on my thousands of interactions and those of my colleagues.

I helped someone fight a fail to report ticket last ...
by EphOph
Mon Apr 03, 2017 9:27 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 135 in a 100 - officer didn't give me a ticket
Replies: 3
Views: 2801

Re: 135 in a 100 - officer didn't give me a ticket

Technically the officer has 6 months to charge you, but since he said it's your lucky day it sounds more like he just decided to let you go. I wouldn't worry about it.

Best way to avoid speeding tickets -- don't speed.
by EphOph
Mon Apr 03, 2017 9:16 am
Forum: Careless Driving
Topic: Ticket advice
Replies: 6
Views: 3739

Re: Ticket advice

The summons is not your trial, so you don't have to decide what to do immediately. You should get your disclosure at the summons and the prosecutor may offer to reduce it at that time. Your scenario sounds like it would be a good candidate for a reduction to Following too Closely. Definitely don't plead guilty to the careless; it is a very serious ...
by EphOph
Fri Mar 31, 2017 8:11 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to stop sign, trial tomorrow. Am I ready?
Replies: 7
Views: 4798

Re: Failed to stop sign, trial tomorrow. Am I ready?

Hey Guys, So I have received a ticket last year June 3rd near Mid night.
Tomorrow, i'm planning to question police whether he had clear view of stop sign or not, and if he observed that I was driving at 30km/h, not stopped fully with those obstructs in his vision.


I hope you have more than those two questions to be ready for trial! Also make ...
by EphOph
Fri Mar 31, 2017 8:09 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 on 100 on hwy400
Replies: 3
Views: 2301

Re: Speeding 139 on 100 on hwy400

What did you say to the police officer? Did you admit that you were going 125? If you did then you are out of luck. It is a common tactic of police to accuse you of going faster then you were in order to get you to admit to speeding. Even if you are only speeding by 1 km/h, if you admit that to the court or the police you will be convicted of ...
by EphOph
Tue Mar 14, 2017 9:58 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop at Red Light - but wrong charge?
Replies: 7
Views: 4918

Re: Fail to Stop at Red Light - but wrong charge?

The officer has 6 months from the offence date to withdraw the charge and re-issue the correct charge. File for a trial, when you get your trial date request disclosure. If the officer's notes reflect the wrong charge (he wrote that you stopped) and your trial is at least 6 months after the offence date, the prosecutor should withdraw the charge ...
by EphOph
Wed Mar 01, 2017 10:10 am
Forum: General Talk
Topic: dash cam
Replies: 14
Views: 3912

Re: dash cam

What about this scenario:

Driver: "I have recorded this on dash cam."
Officer: "Nice dash cam you have there. Looks like a radar detector to me."

Then they "accidentally" delete the video before returning the device to you.
by EphOph
Wed Mar 01, 2017 10:04 am
Forum: Hand-held devices
Topic: Received Notice of Trial - need advice on next step
Replies: 24
Views: 8141

Re: Received Notice of Trial - need advice on next step

Not to be pedantic but ipod touch is capable of bluetooth and wifi, which IMO fall under "electronic data" in 78.1(1). Haven't the courts decided that a device just has to be capable of wireless electronic communication to be an offence, even if it is turned off or not connected?

In the case Whenaxis referenced, the defence argued it could have ...
by EphOph
Tue Feb 28, 2017 8:22 am
Forum: General Talk
Topic: dash cam
Replies: 14
Views: 3912

Re: dash cam

Why would you tell the police officer you have a dash cam? He is giving you a ticket because he believes you committed an offence, and notifying him that you have evidence to the contrary won't help you. If anything it will cause him to take more detailed notes and remember the encounter; things that you don't want to happen. Also you may see that ...
by EphOph
Fri Feb 24, 2017 12:03 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 4002

Re: Making Statements to Police Officers

A different response such as ,'' I was traveling quite cautiously ended up sliding, when I tried to correct it I ended up down here.'' With no damage and nothing else in play the officer is likely not going to lay any charges. Nor would the officer be required to submit a collision report.
But now you've admitted to driving and going off the ...
by EphOph
Mon Feb 13, 2017 10:32 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 57772

Re: careless driving because pedestrian claims my car hit he

Congratulations on getting three nasty charges withdrawn!

As far as the HTA is concerned you will not be re-charged so you can stop worrying about that. However I do believe you could be sued civilly by the pedestrian up to 2 years after the incident. That is the statute of limitations for property damage, not sure if it's longer for injury. The ...
by EphOph
Thu Feb 09, 2017 2:40 pm
Forum: Compulsory Automobile Insurance Act
Topic: Failure surrender insurance card dealer loaner
Replies: 2
Views: 3230

Re: Failure surrender insurance card dealer loaner

1) Not likely. As the driver you are expected to produce this document when it is demanded by a police officer. It doesn't matter to them that it wasn't your car.
2) You should get disclosure from the prosecution. I don't see how subpoenaing anyone will help your case.
3) Police can pull over anyone at any time to make sure documents are in order ...
by EphOph
Fri Feb 03, 2017 9:19 am
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 16334

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

argyll wrote:I agree that if the case was not going to be argued then they should not have had you attend and waste your time.
Yes, but if the defendant doesn't show up, the prosecutor will get the conviction no matter how frivolous the ticket (as long as the certificate is complete and regular on its face).