Search found 2654 matches

by Radar Identified
Sat Oct 30, 2010 2:47 pm
Forum: Failing to obey signs
Topic: Right hand Lane on Ellesmere and Kennedy
Replies: 3
Views: 2041

Re: Right hand Lane on Ellesmere and Kennedy

I guess they're targeting the area due to the high accident rates.

They're targeting the area because that particular intersection has a lot of people blowing by vehicles in the turning lane and then attempting to ram their way back in at the intersection... or proceeding across the intersection and cutting drivers off... causes more traffic ...
by Radar Identified
Sat Oct 30, 2010 2:28 pm
Forum: General Talk
Topic: Pleae - Don't Drink and Drive
Replies: 1
Views: 974

Re: Pleae - Don't Drink and Drive

[youtube]http://www.youtube.com/watch?v=FqvLcVBOhP4[/youtube]

"If you drink, then drive, you're a bloody idiot." - TAC Australia
by Radar Identified
Sat Oct 30, 2010 2:18 pm
Forum: General Talk
Topic: Open Alcohol In Car
Replies: 17
Views: 35781

Re: Open Alcohol In Car

Some HTA/LLA offences are extremely easy to prove, and this is one of them. The standard for conviction is that the officer observed a container of alcohol in the passenger compartment that was open... and that's it. Given the situation, I'd suggest either plea-bargaining or just paying it.
by Radar Identified
Sat Oct 30, 2010 2:13 pm
Forum: General Talk
Topic: Fine Increased After Court Date
Replies: 3
Views: 1656

Re: Fine Increased After Court Date

If the set fine is $18.75, then you'd add $5 for court costs and, I think, $5 for the victim surcharge (I'd have to double-check that amount, though)... so $28.75 is the correct total payable.
by Radar Identified
Tue Oct 26, 2010 12:02 pm
Forum: General Talk
Topic: Attempted Car Theft
Replies: 8
Views: 2166

Re: Attempted Car Theft

Also, any force that is used must be reasonable to meet the situation. If the guy surrenders and stops, you wait for the police to show up - in that case, you can't punch him 600 times in the head and expect not to be charged.

For example, in Windsor a few years ago, a thief broke into someone's house while he was having a party. (This was not a ...
by Radar Identified
Tue Oct 26, 2010 11:50 am
Forum: General Talk
Topic: Parking Lot Incident
Replies: 4
Views: 1714

Re: Parking Lot Incident

The "illegally parked" is only if it occurs on a public road (highway) outside of a city, town or village. There are separate rules for parking lots - which, unfortunately, would place you at fault.
by Radar Identified
Sun Oct 24, 2010 1:19 pm
Forum: Careless Driving
Topic: Careless, Fail to remain, Fail to report
Replies: 5
Views: 2658

Re: Careless, Fail to remain, Fail to report

The Justice of the Peace would believe you if you give credible testimony and there really was no damage to your vehicle.

As an aside, it doesn't take much for $1600 in damage to occur. A pickup truck trying to pass on the shoulder of the 401 in stop-and-go traffic sideswiped me (and six others) a few months ago - all I had were paint scrapes ...
by Radar Identified
Sun Oct 24, 2010 1:05 pm
Forum: Failing to yield the right-of-way
Topic: Fail to Yield from Private road under 139(1). Options?
Replies: 8
Views: 8832

Re: Fail to Yield from Private road under 139(1). Options?

Traffic Law wrote:This charge is not "might be beatable" it "is" beatable.
Semantics.
by Radar Identified
Sun Oct 24, 2010 12:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket caught on radar, challenge in court?
Replies: 5
Views: 4472

Re: Speeding ticket caught on radar, challenge in court?

I used a Ticket Combat Disclosure template which explicitly asks for a typed version.

Agree with hwybear. If the notes are reasonably legible, a typed version is not required. The purpose of disclosure is to get the information you need to make a full answer and defence to the charge. Chances are, the Prosecutor could read the notes, so they ...
by Radar Identified
Sun Oct 24, 2010 12:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong speed limit
Replies: 11
Views: 3576

Re: Wrong speed limit

If the officer says you were speeding 129 km/h in a 90 km/h zone, the fine is not correct and the ticket should be quashed (London v. Young case). I'd follow Traffic Law and Simon Borys' advice here. If you do not show up for trial, the Justice of the Peace has to examine the ticket for fatal errors, like incorrect set fine/total payable. As the ...
by Radar Identified
Wed Oct 20, 2010 10:20 pm
Forum: Careless Driving
Topic: Careless, Fail to remain, Fail to report
Replies: 5
Views: 2658

Re: Careless, Fail to remain, Fail to report

Well if the events are as you describe them, every charge should be beatable in court. It is, unfortunately, starting to happen quite regularly now that people involved in traffic disputes now call police and say that the other driver hit their vehicle and fled. The police will need the other driver to attend court. The fail to remain, fail to ...
by Radar Identified
Wed Oct 20, 2010 10:08 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?
Replies: 7
Views: 6389

Re: HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?

Basically, if you are sure that you stopped your vehicle and there was no hazard created when you moved forward, you'd testify to that. If your testimony is rock-solid and not shaken on cross-examination, the JP may find you not guilty. What usually happens is that the officer's testimony is clear, concise and credible, and a defendant's is not ...
by Radar Identified
Wed Oct 20, 2010 10:00 pm
Forum: Failing to yield the right-of-way
Topic: Fail to Yield from Private road under 139(1). Options?
Replies: 8
Views: 8832

Re: Fail to Yield from Private road under 139(1). Options?

Charge might be beatable, but you'd really have to do your homework. As for a by-law infraction, this would be obtained by plea-bargaining on the day of trial. If you offer to plead guilty to a by-law infraction, in exchange, they'd drop the charge of faling to yield (or at least that's the theory).

Here's section 139 (1) of the Highway Traffic ...
by Radar Identified
Wed Oct 20, 2010 9:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong speed limit
Replies: 11
Views: 3576

Re: Wrong speed limit

Agreed: The charge (speeding 129 km/h in a 90 km/h zone) doesn't match the set fine. Did the location simply say "Hwy 400" or was it more specific?
by Radar Identified
Wed Oct 20, 2010 9:49 pm
Forum: Improper right turn
Topic: What happens if there is error on a Ticket?
Replies: 10
Views: 16054

Re: What happens if there is error on a Ticket?

The ticket lists the location of the offence, not the traffic stop. If you committed the offence on Van Horne, then it is correct. Incorrect birth date is not sufficient to get the ticket quashed.

Can you tell us what you were charged with, and maybe some more detail? There could be other ways of fighting the charge.