Search found 18 matches

by PaulinCanada
Sat Jan 07, 2012 4:23 pm
Forum: General Talk
Topic: Cops and Traffic Stops
Replies: 17
Views: 2551

Cops and Traffic Stops

If you are sitting in a vehicle, stopped, on the roadside or on private property, and a cop pulls up and blocks your vehicle from moving, other than the HTA obligations under sec 33 to identify the driver, and provide ownership and insurance info, what obligations are there?....do I have to answer q...
by PaulinCanada
Thu Nov 24, 2011 4:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding and Aerial Survellance
Replies: 0
Views: 986

Speeding and Aerial Survellance

Hi guys Would anyone with some knowledge of speed enforcement techniques and prosecution care to discuss the strengths and shortcomings of aerial speed prosecution...i.e. what are the potential holes in the prosecutions case of using an aircraft and how would a defendant best exploit them... I am po...
by PaulinCanada
Thu Sep 08, 2011 10:44 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket, convicted, want to appeal based on error
Replies: 6
Views: 1653

Re: Speeding ticket, convicted, want to appeal based on erro

Mis-spelled name is not a fatal error on a Provincial Offences Notce.

The court will amend the certificate to the correct spelling.

I don't know aboutthe fines, incorrect numbers on the PON can be fatal.
by PaulinCanada
Wed Sep 07, 2011 12:13 am
Forum: Parking Tickets
Topic: Ontario regulation 949
Replies: 0
Views: 931

Ontario regulation 949

OR 949 defined the forms for parking offended etc....OR 949 has been ammended by OR 107/11... What are the standards for parking offence notices now? Or are municipalities free to makeup Their own forms? Eg under 949 the office had to sign the ticket and certify service... A recent parking ticket di...
by PaulinCanada
Tue Aug 23, 2011 12:45 pm
Forum: General Talk
Topic: police request for ID
Replies: 4
Views: 3844

police request for ID

Sitting in a car, not running, on private property, minding my own business, OPP unmarked cruiser comes up behind, and parks, preventing me from moving, and then comes up and demands ID.... I can understand if I was driving the vehicle and the cop had reasonable or probable grounds to pull me over a...
by PaulinCanada
Thu Jul 14, 2011 12:58 pm
Forum: Parking Tickets
Topic: Parking Ticket with rental car
Replies: 2
Views: 5250

Parking Ticket with rental car

Hi Got a parking ticket in Mississauga (Pearson Airport) with a rental car....can I fight the ticket? It's a rental car so I am not the registered owner....how do I go about this, or can I? eg the trial notice is usually sent to the RO (registered owner) so I wouldn't get it...and miss the court dat...
by PaulinCanada
Thu Mar 03, 2011 11:20 pm
Forum: Courts and Procedure
Topic: Following too closely - need to file motion to dismiss
Replies: 5
Views: 2210

Re: Following too closely - need to file motion to dismiss

I don't have the case law in front of me, but if you get a copy of the Annotated Ontario Highway Traffic Act, and look up the charge (Follow too Close), you will see several cases that talk about the case law relevant for this charge...but the bottom line is that a rear-end collision is not sufficie...
by PaulinCanada
Wed Sep 01, 2010 6:27 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Couple of case law examples I am looking for...
Replies: 2
Views: 973

Couple of case law examples I am looking for...

Hi I was talking to a paralegal and he mentioned some case law and I wrote down the names and I think I spelled them incorrectly, as I can't find them in CanLII... Anyone have any suggestions, they had to do with disclosure (Case had something to do with Sherry Mae Hays) Another had to do with visua...
by PaulinCanada
Fri Aug 20, 2010 11:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: requesting disclosure from CPIC inquiries
Replies: 4
Views: 1384

Simon thanks for your answer....I guess I am a little confused, because this issue seems like a Catch 22. I have to provide a reason to get something that I don't know what it's relevance is. For example, say the officer stops you at 1625 and writes you a speeding ticket and you are on the road agai...
by PaulinCanada
Fri Aug 20, 2010 11:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: incomplete disclosure
Replies: 4
Views: 1884

incomplete disclosure

Hello all (simon or anyone else can feel free to answer) I requested disclosure of a radar manual in original disclosure request. Didn't get disclosure until trial date, so an adjournment was granted. At that time the Provincial Prosecutor stated that it wasn't his policy to release the manual to de...
by PaulinCanada
Mon Aug 16, 2010 12:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: requesting disclosure from CPIC inquiries
Replies: 4
Views: 1384

requesting disclosure from CPIC inquiries

Has anyone ever asked for or received disclosure in the form of CPIC (canadian police information centre) inquiries? What I want to know is the timing of the officer's CPIC request and how they line up with his notes.... ie I want to make sure that the note that says he was back in service occurred ...
by PaulinCanada
Mon Aug 16, 2010 12:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: disclosure notes from police/utterances - can they be used?
Replies: 2
Views: 1500

disclosure notes from police/utterances - can they be used?

I received disclosure from the Crown....and i followed up with another disclosure request to explain the officers hand written notes.... So i finally got the follow-up request...the disclosure is divided into two sections....from the note book...and it explains the officer's notes.... and there is a...
by PaulinCanada
Mon Aug 16, 2010 12:08 pm
Forum: Police Clothing and Equipment
Topic: Case law regarding external testing of radar unit
Replies: 1
Views: 2085

Case law regarding external testing of radar unit

Is there any case law regarding external testing of a radar unit? I know there has been some for LIDAR. In older days, a tuning fork was used but no longer? or is it dependent upon the make and model whether or nor an external test is done on the unit?

Thanks in advance.


Paul
by PaulinCanada
Tue Apr 27, 2010 12:41 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure...
Replies: 2
Views: 1757

Bueller, Bueller.....


any suggestions?
by PaulinCanada
Wed Apr 14, 2010 9:10 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure...
Replies: 2
Views: 1757

Disclosure...

Went to court yesterday.. Sat in the back of the court...cop hunts me down, wants to know if I want to talk to him...."no" I said. Finally, my trial is called. The Crown hands me disclosure 1 minute prior to trial. I stated to the JP that prior to me pleading I needed to make a motion for ...

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