Search found 29 matches

by Heynow999
Mon Oct 26, 2015 12:19 pm
Forum: Hand-held devices
Topic: What colour is my phone?
Replies: 3
Views: 2251

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: 1697

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: 1697

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: 10818

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: 10818

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: 10818

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: 10818

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: 10818

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: 3208

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: 10818

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: 10818

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: 4548

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: 4548

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: 3786

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 ...