Search found 131 matches

by Observer135
Thu Mar 10, 2016 6:30 pm
Forum: General Talk
Topic: Validation improperly affixed
Replies: 18
Views: 9491

Re: Validation improperly affixed


Based on some new wording in the HTA, the sticker no longer needs to be placed on the back of the ownership, only the plate. There is some case law (non-binding) that supports this. Based on the OP's post it sounds like there was no sticker on the plate which would still be illegal. Not sure how being stopped a week earlier is a defence.
I think ...
by Observer135
Thu Mar 10, 2016 6:24 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail To Stop
Replies: 34
Views: 11563

Re: Red Light - Fail To Stop

I was under the assumption as if they don't ask, I don't reveal. I'm not lying to them, just not telling them about it. If they ask, I'll be truthful. I've been on the same policy with the same provider for 7 years and not once have they asked me about tickets.
They won't ask you, the fact that you have a policy with them they are able to check ...
by Observer135
Thu Mar 10, 2016 1:38 pm
Forum: General Talk
Topic: Validation improperly affixed
Replies: 18
Views: 9491

Re: Validation improperly affixed

UnluckyDuck wrote:Haven't seen jsherk around in a while...
That is very true, wonder what's keeping him away :?

I hope the officer was not simply looking for cash grab situation, because if the ticket was issued for "incorrect placement" that is what it is IMO.
And yes, we all no the cash does not go to him, he is following orders...
by Observer135
Thu Mar 10, 2016 1:28 pm
Forum: General Talk
Topic: Paralegal/Lawyer Suggestions
Replies: 15
Views: 7021

Re: Paralegal/Lawyer Suggestions

jsherk is absolutely right....
I have been to several court proceedings and seen paralegals come and present several cases in about 5 minutes (if that)
They tend to take plea deals and go back to the client saying this is the best they could do and make several hundred dollars for doing nothing at all.
You could do this for no charge.
by Observer135
Wed Mar 09, 2016 2:57 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failing to obey stop sign + Amber light + failing to signal
Replies: 3
Views: 3166

Re: Failing to obey stop sign + Amber light + failing to sig

If this was me, and it will NEVER be me, at least I hope the HELL not...

I would file the tickets and request trial, you can always call the prosecutor and ask for a ER meeting, if it works out, you take the deal and they will simply withdraw the other ticket(s) but at least you have started the clock on the proceedings. If you wait, then the time ...
by Observer135
Wed Mar 02, 2016 7:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 26 over
Replies: 9
Views: 4851

Re: WIN speeding 26 over

argyll wrote:
He got it dropped because he was going to be a bigger pain in the ass than the time allowed for, not because his arguments had any merit.

So lesson learned here is, that it pays to be a pain in the arse, LMAO
by Observer135
Wed Mar 02, 2016 8:42 am
Forum: Stunt Driving
Topic: 155Km in 100Km zone
Replies: 11
Views: 4733

Re: 155Km in 100Km zone

In your case, even if your ticket is dropped down to 49 over (which I have no doubt they will offer that in order for you to take a guilty plea) you still have that seven day suspension to deal with. That means your insurance is going to find out you were suspended and they do not like that, there is a large rate hike associated with it. The only ...
by Observer135
Tue Mar 01, 2016 9:51 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7457

Re: Lidar test before & after means?

The old theory that police have a quota to meet and it is the end of the moth so they are targeting drivers is no longer valid/true.

Since the province downloaded POA court administrations and their cost onto municipalities, they also gave the revenue from POA offences to them as well (revenue neutral download)
Fo this reason, most municipalities ...
by Observer135
Sat Feb 27, 2016 6:18 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9255

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

Does stunt driving require the same proof as speeding? Meaning does crown have to prove the speed using say radar or pacing? Or is it more based on the opinion testimony of officer that they were just driving way faster than everybody else?
Good question, I love to hear how the officers on this forum will answer this...
For charges like this ...
by Observer135
Sat Feb 27, 2016 3:37 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9255

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

jsherk is right, they do not "have to" offer you any kind of deal, but they always do, the reason is, they do not want to deal with the possibility of you getting off on a technicality and they prefer a guaranteed win over a "most likely" win scenario.
Once you go to court, anything can happen, even best officer testimonies at times are brought ...
by Observer135
Fri Feb 26, 2016 7:37 am
Forum: Failing to stop for a school bus
Topic: Failing to stop for school bus - AS OWNER
Replies: 3
Views: 4548

Re: Failing to stop for school bus - AS OWNER

As for the insurance, you are better off checking couple of online quotes yourself, do not contact your insurance company. once they hear about this no matter whether you are found guilty or not, they will jack up your rate, you just told them...

As for disclosure, you won't get much, most likely you will get a statement telling you some one ...
by Observer135
Wed Feb 24, 2016 2:32 pm
Forum: General Talk
Topic: Speed sign placement requirement/regulation
Replies: 2
Views: 2181

Speed sign placement requirement/regulation

I have seen the section about the size color etc of a speed limit sign, but I can not find where it stipulates the placement of it.
When you enter a road (making a right or left turn) usually within the first 50 meters there is a sign telling the drivers what the speed limit is.
So, I'm guessing there must be a regulation that states where signs ...
by Observer135
Wed Feb 24, 2016 10:41 am
Forum: General Talk
Topic: Unknowingly Driving Without Insurance
Replies: 2
Views: 2086

Re: Unknowingly Driving Without Insurance

I can see how you did not get the letter from insurance/MTO, but not getting both letters? It kind of works against you that both were expired/cancelled and you did not know about either one.
If it was just one or the other, then you would have a better leg to stand on...
You are in a sticky situation and I too would recommend getting a lawyer ...
by Observer135
Tue Feb 23, 2016 9:36 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Please help I dont know what to do
Replies: 8
Views: 3110

Re: Please help I dont know what to do

I know all about "do not talk to police" story and I know jsherk is taking a lot of heat for his views on the subject, but....

In my own personal experience at Queen St. courthouse, talking to prosecution and or police officer was a painful experience, simply because they were strong arming me to take a plea deal and plead guilty. Being my first ...
by Observer135
Mon Feb 22, 2016 11:28 am
Forum: Courts and Procedure
Topic: little in the way of disclosure
Replies: 15
Views: 12032

Re: little in the way of disclosure

During a trail I was sitting as an observer, the officer was sworn in and asked if he had reviewed his notes prior to trail to refresh his memory and if he had independent recollection of that day's events. He confirmed positive to all this then JP asked the defendant if he has any objection and he said no.

In my mind I was thinking that I would ...
by Observer135
Mon Feb 22, 2016 10:45 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Hypothetical situation
Replies: 1
Views: 1635

Hypothetical situation

This is a hypothetical situation as the subject already says...

If a speeding ticket is issued and for example states "speeding, 62 km/h in a zone of max 40 km/h" but one manages to argue that the speed limit is not posted thus speed limit is max 50 km/h, would this make the issued offence a fatal error? :idea:
by Observer135
Mon Feb 22, 2016 9:37 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Any way to request a trial without going in?
Replies: 5
Views: 2432

Re: Any way to request a trial without going in?

I seem to recall there was another group few years ago that filing tickets was all they did.
I don't recall the name nor do I know if they are still around or not, but I'm sure you can find someone who will do it for a reasonable fee.

The $10 you are talking about does not include them fighting it, so I'm sure you can get them to simply file it ...
by Observer135
Sat Feb 20, 2016 11:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding unspecified offence (90 in a 70)
Replies: 11
Views: 3045

Re: Advice regarding unspecified offence (90 in a 70)

Just playing devils advocate here...

Can the officer correct her mistake before filing the ticket if she notices the error and remembers exactly what happened and who the driver was and what she had agreed to do for him/her?
by Observer135
Sat Feb 20, 2016 11:33 am
Forum: General Talk
Topic: Counting the days for 11b or 7 of charter
Replies: 4
Views: 1811

Re: Counting the days for 11b or 7 of charter

I believe that it is NOT business days, and is actual days including weekends in between although it if the trial date is on a Monday for example, then you would need to have it there by the Friday and they would not count that final Saturday or Sunday. So it is sort of business days but with some weekends.


I'm curious as to why you think some ...
by Observer135
Fri Feb 19, 2016 3:55 pm
Forum: General Talk
Topic: Counting the days for 11b or 7 of charter
Replies: 4
Views: 1811

Counting the days for 11b or 7 of charter

So I was reading the process/procedure of how to file a motion under charter section 11b or 7 and one of the things is that it must be filed at least 15 days before the trial.
It goes on to explain a little further that the first and last day do not count when the words "at least" is used under court procedures.
I'm assuming the first day is the ...
by Observer135
Thu Feb 18, 2016 1:02 am
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 9705

Re: Got pulled over for driving a rental car. Legal?


Do cops run plates of all cars around them? I don't know if its a factor, and I feel weird even putting it out there, but I am of an ethnic minority, I'm South Asian... but I don't necessarily think it was a racial thing at all. Let me stress, the officer was polite, courteous and friendly throughout the whole interaction.

I hate to break it to ...
by Observer135
Wed Feb 17, 2016 7:28 pm
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 for right turn, got disclosure
Replies: 12
Views: 4651

Re: Fail to stop at red light for right turn, got disclosure

Out of curiosity, 3 questions:

A. How was ICC video provided to you? Was it given to you in a DVD?
B. When did the incident happen?
C. How long did it take for a trial date to be issued to you?
by Observer135
Tue Feb 16, 2016 8:53 pm
Forum: General Talk
Topic: Charges for not producing license, insurance & registration
Replies: 11
Views: 3429

Re: Charges for not producing license, insurance & registrat

And by "we" he probably means OPP. No municipal access in car.
I think they do now, according to disclosure I received from YRP, there is a little blurb saying "digital photo on file" that leads me to believe office had access to MTO database from his cruiser and verified DL photo to that on file with MTO.
Not sure why or what is the significance ...
by Observer135
Tue Feb 16, 2016 2:48 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 for right turn, got disclosure
Replies: 12
Views: 4651

Re: Fail to stop at red light for right turn, got disclosure


Very important that you bring your own device to play the video on because there is a good chance they will not have anything to play it on in the court.

York Region court in Richmond Hill has a big screen TV with capability of playing ICC video, they set it up during a break at the trial day to show other drivers who failed to stop at a red ...
by Observer135
Thu Feb 11, 2016 9:27 am
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7429

Re: No validated permit HTA (7) (1) (a)

I see what you mean jsherk.

There is absolutely nothing regarding the ownership in the disclosure.
I am going to fax a request asking for a copy of his hand written notes today. The only thing I could remotely find that could resemble or come close to "permit" was the NCVP.
As far as officer's testimony, I think if driver does not have a permit on ...
by Observer135
Thu Feb 11, 2016 8:13 am
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7429

Re: No validated permit HTA (7) (1) (a)

In the disclosure, it says NCVP.
I suspect it stands for "not carrying vehicle permit".
She had a photocopy of the original on her, front of the permit/ownership only.
Can I assume a photocopy is a "true copy"?
by Observer135
Mon Feb 08, 2016 7:55 pm
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7429

Re: No validated permit HTA (7) (1) (a)

If there are two seperate charges, then I would have made two seperate disclosure requests, one for each charge. Did you just make one disclosure request? If you only made one, then they could possibly have missed that it was for the two charges and only seen the one request.
I made two different and separate disclosure requests, but the ...
by Observer135
Mon Feb 08, 2016 7:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officers statement at the location
Replies: 4
Views: 2612

Re: Officers statement at the location

First, I want to thank you all for your replies and advice.

I don't see it being an issue unless there actually was a camera in the car and the officer didn't record the offence without some reasonable explanation as to why. If the officer failed to obtain/provide evidence, you might have something to argue.

If the officer simply stated there ...
by Observer135
Mon Feb 08, 2016 10:30 am
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7429

No validated permit HTA (7) (1) (a)

I'm posting this here since I could not find a better place relating to "validated permit HTA 7 (1) (a), if I'm posting to the wring area, I hope one of mods or admin can move it, my apologies in advance.

I picked up disclosure for this charge (my wife was charged while driving my car)
She was driving with a photocopy of my proof of ownership, but ...
by Observer135
Mon Feb 08, 2016 9:57 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officers statement at the location
Replies: 4
Views: 2612

Officers statement at the location

OK, I need advice on this and I'm hoping people can provide their views and good suggestions:

What happened:
My wife was charged with failing to stop at a stop sign, T intersection, her direction is the only one with stop sign. As she made a right turn and approached the police cruiser, he exited his car and motioned her to pull over. Stated ...