Search found 29 matches

by Heynow999
Fri Apr 21, 2017 8:02 am
Forum: General Talk
Topic: Red light ticket, CVOR
Replies: 2
Views: 4726

Red light ticket, CVOR

I have an AZ license and I work in the film industry in Toronto. Last night on the way back to the yard from a job I went through a red light in Toronto and saw the dreaded flash. I am not making excuses, but these were the circumstances. It was night time and raining and I was driving a large, loaded, 10 ton truck. I wasn't speeding. When I saw ...
by Heynow999
Fri Feb 03, 2017 10:01 pm
Forum: General Talk
Topic: Worried about my cvor abstract
Replies: 4
Views: 5109

Re: Worried about my cvor abstract

Well, take a look.

It says "charged" in one column then there is an "N" beside it. The "N" must stand for "NO"?

Its the first time i have ever seen one of these so any input is appreciated
by Heynow999
Fri Feb 03, 2017 10:39 am
Forum: General Talk
Topic: Worried about my cvor abstract
Replies: 4
Views: 5109

Worried about my cvor abstract

18 months ago I got pulled over driving a commercial vehicle and got 4 tickets for vehicle defects. I managed to get them all dropped. I pleaded guilty to a handheld device charge that I got in the same stop.
So I get a new job with an amazing company, that pays really well. Yesterday all the drivers were asked to submit the yearly cvor abstract ...
by Heynow999
Wed Jan 25, 2017 11:51 pm
Forum: Failing to obey signs
Topic: Disobey stop sign, stop signs on both sides of intersection?
Replies: 8
Views: 5706

Re: Disobey stop sign, stop signs on both sides of intersect

Update,

So I sent an email to the local councillor laying out my concerns about the intersection. She said she would contact operations and see what they say about it. The response was this

" As discussed, the all-way stop is not in contravention of the Highway Traffic Act. The additional STOP sign on the left side of the street is installed ...
by Heynow999
Mon Jan 23, 2017 7:48 pm
Forum: Failing to obey signs
Topic: Disobey stop sign, stop signs on both sides of intersection?
Replies: 8
Views: 5706

Re: Disobey stop sign, stop signs on both sides of intersect

Im not saying the sign was blocked by traffic, it was blocked by parked cars.

I believe this is what is meant by the following from book 5, page 20 of the Ontario Traffic Manual
"All-way stop controls should not be used under the
following conditions:
• On multi-lane approaches where a parked or
stopped vehicle on the right will obscure the
STOP ...
by Heynow999
Mon Jan 23, 2017 3:50 pm
Forum: Failing to obey signs
Topic: Disobey stop sign, stop signs on both sides of intersection?
Replies: 8
Views: 5706

Disobey stop sign, stop signs on both sides of intersection?

I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th

I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up ...
by Heynow999
Wed Jul 27, 2016 5:55 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

I really appreciate the advice so far. I need to make a decision in the next few days if I should ask to have it re-opened or not. I would really like some more opinions

What I want to know is for the last trial date on friday I was at the 13 month mark and I think an 11b would have been successful. Now that my paralegal has screwed up, does this ...
by Heynow999
Tue Jul 26, 2016 12:00 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

Update

So the saga continues

My paralegal's boss called me today at 9am. My trail is supposed to be at 1:30 today. He said that last friday my paralegal was in court and he noticed my name was on the docket for that day! The police officer was there, so without phoning me, and without my consent, he settled the case for me and plead guilty to the ...
by Heynow999
Tue Jul 26, 2016 10:12 am
Forum: General Talk
Topic: Have there been any changes to 11b charter challenges
Replies: 3
Views: 1938

Have there been any changes to 11b charter challenges

Hi

I have a case that is now almost 14 months since I filed to fight it. My paralegal tells me there was a recent decision from the supreme court saying it can now take up to 18 months to bring a case to trial before an 11b can be filed. Is this true? Does anyone have a link to the decision?
by Heynow999
Thu Jun 09, 2016 4:54 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

Ok, I asked for a trial on June 26, 2015. My trial is now July 26, 2016. I know that all of the delay has been because of the prosecution. We asked for disclosure and it was incomplete, or the notes were illegible. We are still waiting for disclosure for the July 26 court date.
So it has been 13 months exactly from when I asked for a court date ...
by Heynow999
Thu Jun 09, 2016 1:13 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

Update

My paralegal has been requesting disclosure, and it has been either incomplete or the notes have been illegible. We then had a date ' to be spoken to" which got no results, and another trial date has been set

My new date is July 26 which is 13 months and 7 days after the initial traffic stop. Please tell me I now can get off with an 11b ...
by Heynow999
Mon Feb 29, 2016 3:42 pm
Forum: General Talk
Topic: Are Toronto court staff on work to rule?
Replies: 3
Views: 1774

Re: Are Toronto court staff on work to rule?

so are they part of cupe 79 and on work to rule?
by Heynow999
Mon Feb 29, 2016 2:59 pm
Forum: General Talk
Topic: Are Toronto court staff on work to rule?
Replies: 3
Views: 1774

Are Toronto court staff on work to rule?

Hi
So I have a trial for several tickets coming up, I need to ask for additional disclosure but I still need to meet with my paralegal to review the first disclosure. I was wondering if the Toronto court staff is part of cupe 79 which is currently doing work to rule? Maybe them doing work to rule will delay them getting me disclosure?

Thanks
by Heynow999
Thu Feb 25, 2016 5:34 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

Yes, I think the 10B challenge is a dead end.

I am looking for ideas going forward. I actually started a new thread because I think we beat my last argument to death, but the moderator merged the threads into one.

Heres the thing. When the police were giving me the stack of tickets, they were giving a similar stack of tickets to the owner of the ...
by Heynow999
Thu Feb 25, 2016 11:00 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Update, was given disclosure at the trial

This is an update to this thread

http://www.ontariohighwaytrafficact.com/topic7160.html

I retained a paralegal, and he requested disclosure for me. The trail was on Feb 23, 2016. I didnt attend because we had not received disclosure, so we weren't ready to proceed. We were given a new trial date of April 4th, 2016. That works out to 9 months, 15 ...
by Heynow999
Mon Oct 26, 2015 12:19 pm
Forum: Hand-held devices
Topic: What colour is my phone?
Replies: 3
Views: 2331

What colour is my phone?

I am fighting a handheld device ticket in February. I was stopped driving a commercial vehicle and got a whole raft of tickets, one of them being using a handheld device.

I don't believe the officer actually saw me on the phone, if he did it would have been a very quick glimpse as he passed me on the highway in the left hand lane. I had admitted ...
by Heynow999
Sat Sep 26, 2015 8:55 am
Forum: General Talk
Topic: Tunes blasting on police dash cam
Replies: 3
Views: 1794

Re: Tunes blasting on police dash cam

thanks for the response

I was just wondering if there are certain practices police have to follow regarding listening to music. I would think that an officer, while on the job, would have to have all their senses available. Do they still use radios? Dont they have to be able to hear what is going on? I imagine bus drivers have policies around ...
by Heynow999
Fri Sep 25, 2015 8:09 pm
Forum: General Talk
Topic: Tunes blasting on police dash cam
Replies: 3
Views: 1794

Tunes blasting on police dash cam

I will admit that I am grasping at straws here, but here we go

I am fighting a speeding ticket that I got on Hwy #7 in Markham, ON. I requested disclosure and I was given the dash cam recording of the traffic stop. It seems pretty straight forward except for one weird thing. As I pass in front of the officers car, the officer pulls out to chase me ...
by Heynow999
Tue Aug 18, 2015 11:11 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

OK, lots of good advice, some disagree, some agree.

I do have my A license, but I am not a trucker. My job is delivering trailers to film sets and maintaining them. Our primary job is not trucking, it is just something we have to deal with. It was my first inspection, and I have never been into a weigh station as all my worker is local.

My point ...
by Heynow999
Fri Aug 14, 2015 8:58 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

I can restate my argument another way

It has been established that's is OK to infringe on someone's rights under section 7, 8 and 9 because road safety is more important to the public good.

Does that mean that it is OK to infringe upon other Charter rights in the interest of road safety? Do I still have my rights under 10(b) when I am detained ...
by Heynow999
Thu Aug 13, 2015 12:53 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

To answer a few questions

There was no lineup at the inspection station. It was a temporary station in a parking lot, they would get one truck at a time, inspect it, then go get another when they were done. There were 3 Toronto police inspecting the vehicle for two hours

I got the following tickets
Handled device- I admitted to that
Fail to ...
by Heynow999
Thu Aug 13, 2015 12:36 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

There are a number of points that I understand and am not contesting
I understand that police can stop vehicles as part of an organized program like RIDE. I imagine this is why the police announce to the media that they are having a truck/seatbelt/speeding or whatever blitz. It nullifies the argument that you were stopped randomly. The can say," of ...
by Heynow999
Tue Aug 11, 2015 9:33 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

So I have been doing some more research on this.

I read this " Triggering the Right to Counsel:"Detention" and Section 10 of the Charter"

It does say that you can be detained, but not arrested, and should be given your right to counsel.

I emailed the author, who is a law professor, and he sent me this comment.

"As a general rule (without in ...
by Heynow999
Fri Aug 07, 2015 8:56 pm
Forum: Red Light Camera Ticket
Topic: Red Light Ticket - Mississauga
Replies: 4
Views: 3354

Re: Red Light Ticket - Mississauga

I recently beat one of these "unbeatable " tickets. This is what I did

It looks like you are looking in the right direction in that there is no excuse for going through a red and you have to fight their evidence.

I went to the light where I got the ticket. I took a video of the light going through one cycle with my phone. I took the video and ...
by Heynow999
Thu Jul 30, 2015 11:52 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Re: Stopped for truck inspection, charter challenge 10 (b)?

ok, thanks for that. Could you explain that a bit more.

I did a quick google search and I found this on the Alberta law society page

You have the right to talk to a lawyer
If you are arrested or detained by the police, you have the right to "retain and instruct counsel". This means you have the right to talk to a lawyer without delay. You should ...
by Heynow999
Thu Jul 30, 2015 1:13 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 12014

Stopped for truck inspection, charter challenge 10 (b)?

Hi

Several weeks ago I got stopped driving a commercial vehicle in a truck blitz. I was driving a Ford F 450 and trailer. I was stopped by a Toronto police motorcycle officer and taken to a temporary inspection station for a truck inspection. I got 5 tickets and the owner got 5 tickets all under the HTA

My question is, does the officer have to ...
by Heynow999
Mon Jul 16, 2012 7:20 pm
Forum: General Talk
Topic: Drive motor vehicle, no permit
Replies: 2
Views: 4673

Re: Drive motor vehicle, no permit

SO just to follow up, I went to court today for the ticket. I saw the police officer in court so no luck there. Basically, everyone with a simple ticket like mine, where they had an expired licence or plate etc, was just showing the prosecutor the paperwork that they had fixed the problem. I walked up and said hi, and showed her my ownership with a ...
by Heynow999
Fri Jul 13, 2012 10:00 pm
Forum: General Talk
Topic: Drive motor vehicle, no permit
Replies: 2
Views: 4673

Drive motor vehicle, no permit

HI All

I have a court date next week to fight a ticket for an expired sticker. The charge on the notice of trial says "DRIVE MOTOR VEHICLE, NO PERMIT"
Is this the right charge? Shouldn't it be something like "DRIVE MOTOR VEHICLE, NO CURRENTLY VALIDATED PERMIT"? I am trying to read up on the offence. Where can I find the specific charges and how ...
by Heynow999
Wed Jul 11, 2012 12:27 pm
Forum: General Talk
Topic: Could I fight a speeding ticket as a strict liability?
Replies: 8
Views: 3902

Could I fight a speeding ticket as a strict liability?

I got a speeding ticket for going 65 km in a posted 50 km. It was in a small village outside the GTA, on the main street. I turned on to the main street from a country road. The signs that showed that the speed limit dropped from 80 to 50km were further outside the village than where the country road joined the main street, so you had no idea of ...