Search found 53 matches

by Frozenover
Mon Feb 08, 2010 11:03 am
Forum: Improper right turn
Topic: Right turn on red light while left trun green signal is on
Replies: 8
Views: 6773

Re: Right turn on red light while left trun green signal is on

correct can not turn right.

HTA 144
Green arrow
(14) Every driver approaching a traffic control signal showing one or more green arrow indications only or in combination with a circular red or circular amber indication and facing the indication may proceed only to follow the direction shown by the arrow

I bet 99.9% of drivers in Ontario are ...
by Frozenover
Mon Feb 08, 2010 11:00 am
Forum: Prohibited turns
Topic: Disobey Sign - Interchange Way at Jane St
Replies: 3
Views: 1986

Re: Disobey Sign - Interchange Way at Jane St

I am planning to go to court and plead not guilty as I do not think it was fair for a trap like that in an intersection that the sign was not visible although the officer assured me that there were 8 sign there !!!


If that is going to be your defense then you'll lose for sure, if you actually go to trial.

File for disclose and see if you can ...
by Frozenover
Mon Feb 08, 2010 10:51 am
Forum: Courts and Procedure
Topic: My successful 11b carter motion
Replies: 20
Views: 20037

Re: My successful 11b carter motion

Congrats on your win!

I'm surprised that the crown seemed so upset. With most people fighting a ticket being "sheep to the slaughter", you would expect the crown to appreciate a good fight.

It looks the the JP did and he's was the one that counts.
by Frozenover
Fri Jan 29, 2010 12:59 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 82866

Re: Ticket Quashed

thats good news! would you care to elaborate how you won the case?

Thanks.

I won because I was prepared and had multiple lines of defense. I didnt in fact get to make the argument in regards to the use of an old Offense Notice. However, for your benefit here is my understanding of how to make the argument.

First off, confirm that you do have ...
by Frozenover
Fri Jan 22, 2010 5:02 pm
Forum: General Talk
Topic: Help - Section 74(1) No Clear View to the Front
Replies: 16
Views: 8636

Re: Help - Section 74(1) No Clear View to the Front

I just wanted to provide a final update to this thread since I hate how many other threads end the day before court and we never get to find out how things ended up.

Yesterday I arrived in court prepared to do battle arguing legal points before the Justice. I was ready with:

1 An 11b Motion to stay due to unreasonable delay.
2) A Motion to Quash ...
by Frozenover
Thu Jan 21, 2010 12:23 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 82866

Re: Ticket Quashed

racer wrote:You need to have a ticket that is written on an old form.
I had a ticket written on the old form, but was concerned with my ability to present this arguement of the JP or Crown started to press me on the details of the various act and how it worked. Hence I was hoping somebody could lay out the arguement in detail.

It doesn't matter now, I won!!!
by Frozenover
Wed Jan 20, 2010 9:36 am
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 82866

Re: Ticket Quashed

Got the ruling today. The ticket was quashed.

As this was a first level OCJ ruling, it isn't binding so you don't necessarily need the case law to make the same argument. I have to check with the defendant tonight to see if she's OK with me plastering her name all over the internet.

Anyone can make the same argument in court. The argument is a ...
by Frozenover
Sun Jan 03, 2010 5:07 pm
Forum: Courts and Procedure
Topic: Court closed for the holidays. How can I file my 11b?
Replies: 2
Views: 2128

Re: Court closed for the holidays. How can I file my 11b?

Other than sending a fax with a receipt to show that you attempted to file it over the holidays... probably not, unfortunately. It still wouldn't get to them until the first business day. That's probably a useless gesture, though. I'd file it on Monday and see how it goes.

That's what I was expecting to here. I will file on Monday and try to ...
by Frozenover
Thu Dec 31, 2009 11:25 am
Forum: Courts and Procedure
Topic: Court closed for the holidays. How can I file my 11b?
Replies: 2
Views: 2128

Court closed for the holidays. How can I file my 11b?

Hello,

I have court date Jan 21, 2010 which I was planning to file an 11b for.

I prepared it while I was on holidays, but have just found out that the court has been closed since X-mas.

If I file Monday Jan 4, 2010. I'm not certain if the document will qualify as being filed 15 days prior.

Will I be ok if I file on Monday or am I out of luck ...
by Frozenover
Tue Oct 20, 2009 10:24 am
Forum: Courts and Procedure
Topic: cop no-show, representation attends, still adjourned
Replies: 5
Views: 2988

Re: cop no-show, representation attends, still adjourned

can you elaborate on "the tickes she was issues is invalid"?

Forget about the invalid ticket argument, it's unproven and it's similiar to using tax advice from a "tax defiler" advocate.

Filing an 11b should be sufficent to win, assuming that your gf hasn't been responsible for any of the delays (Although I would expect the crown to argue she ...
by Frozenover
Fri Oct 16, 2009 10:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Doing EXACTLY 130 in a ninety zone. But only went 100
Replies: 20
Views: 5716

Re: Doing EXACTLY 130 in a ninety zone. But only went 100

Based on reading your "first defense strategy" I'm going project that you'll be found guilty as a result of it. The reason being it's not really a defense strategy, it amounts more to saying "DID NOT" and will alway lose to the cops "DID TOO".

Most people are better off by taking a deal and pleading down to a lessor charge instead of going to ...
by Frozenover
Tue Oct 13, 2009 4:00 pm
Forum: General Talk
Topic: Dump Truck/Debris/Chipped Windshield ?'s
Replies: 20
Views: 14432

Re: Dump Truck/Debris/Chipped Windshield ?'s

About 10 years ago I had a similiar incident around that same location in front of the Ford Plant. A metal "dangerous material" sign fell off a tanker in front of me, and hit my car, it caused $1000+ of damage.

I was pretty shaken up by the incident, since it could have gone through the front windshield if it had bounced differently, so I didn't ...
by Frozenover
Fri Oct 09, 2009 7:59 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 110km/h in an 80km/hr zone
Replies: 13
Views: 4540

Re: 110km/h in an 80km/hr zone

I agree with that... just one minor point... if the officer indicates he did use radar at trial and in the notes, that could lead to some interesting cross-examination by the defence (credibility).

I understand your point however, JP's tend to give credibility to the cops, so using a "DID NOT" defense will always lose to the cops "DID TOO".

If ...
by Frozenover
Fri Oct 09, 2009 7:06 pm
Forum: Courts and Procedure
Topic: Driver failing to ensure toddler passenger is secured as pre
Replies: 6
Views: 3253

Re: Driver failing to ensure toddler passenger is secured as pre

Based on personal experience, I'm certain your son needs to be at least 40lbs to be in an unsecured booster.

The booster seat as you describe it is probably unsafe for your son, as it's around 10kgs where kids move from rear facing to forward facing car seats.

I think the police officer got the charge right.

One way of dealing with the ticket ...
by Frozenover
Fri Oct 09, 2009 2:07 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 110km/h in an 80km/hr zone
Replies: 13
Views: 4540

Re: 110km/h in an 80km/hr zone

Ive read this and Ill make a few comments:

1 – I dont think that there is a French defense here. The cop doesnt need to speak French to you, in fact other than asking for your documents he really doesnt need to say a word. If your husband has responded "Parle vous France" when asked for his papers there might be a defense for not producing his ...