Search found 2654 matches

by Radar Identified
Wed Oct 20, 2010 9:46 pm
Forum: Prohibited turns
Topic: Section 144(9)which is makig a right or left turn
Replies: 2
Views: 2352

Re: Section 144(9)which is makig a right or left turn

+1

For any sign to be valid, it has to comply with O. Reg 615 - which sets the standard for road signs used in Ontario.
by Radar Identified
Mon Oct 18, 2010 12:36 pm
Forum: Failing to stop for a school bus
Topic: Failure to stop for a school bus
Replies: 18
Views: 13733

Re: Failure to stop for a school bus

KGBP12 wrote: I need to be sure to get a former police officer to represent me?
Does not have to be a former police officer. Just make sure that it is a licenced paralegal (Law Society of Upper Canada).
by Radar Identified
Mon Oct 18, 2010 12:34 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 180km/h in a 100km/h zone
Replies: 9
Views: 8821

Re: 180km/h in a 100km/h zone

Best bet is some sort of professional representation - either a paralegal or lawyer who deals in HTA/Criminal Code driving offences. Trying to articulate a defence of due diligence in court to this particular charge, without prior court experience, is going to be very difficult.

One other comment: If I'm being followed by a road-rager, I wouldn't ...
by Radar Identified
Sat Oct 16, 2010 10:33 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: question for insiders re prosecutors and their witnesses
Replies: 13
Views: 2818

Re: question for insiders re prosecutors and their witnesses

hwybear wrote:But since a resolution was made, the officer released by prosecutor, then the defendant pulls that stunt is "acting in bad faith", shouldn't 11B then go against defendant?
Delay should be peremptory on the defendant in that case - so no stay due to 11B available.
by Radar Identified
Wed Oct 13, 2010 1:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Right to View Radar Detector Reading
Replies: 3
Views: 2605

Re: Right to View Radar Detector Reading

residentialbuyer wrote:It was my understanding that Drivers had this right.
Not in Ontario. It is the officer's discretion as to whether or not they will show the reading. Some of them do, some don't, but it is not required.
by Radar Identified
Wed Oct 13, 2010 1:35 pm
Forum: General Talk
Topic: School Bus lets my kids out at a 4 way stop sign
Replies: 16
Views: 18312

Re: School Bus lets my kids out at a 4 way stop sign

If your kids were crossing at a four-way stop, the drivers who failed to stop for them committed any (or all) of the following offences:

- Disobey Stop Sign
- Fail to Yield to Pedestrian
- Careless Driving (maybe)

The bus doesn't "freeze" the entire intersection (north/south it does), but the east/west traffic is controlled by a stop sign - and ...
by Radar Identified
Tue Oct 12, 2010 12:52 pm
Forum: Careless Driving
Topic: Potential Careless Driving Case - Pls Advise
Replies: 3
Views: 2213

Re: Potential Careless Driving Case - Pls Advise

Agree with "follow too closely." It doesn't sound like a case of careless driving.

Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation?

As Simon said, no. There is nothing that specifically addresses this in Ontario. It is (more or less) the driver's discretion ...
by Radar Identified
Wed Oct 06, 2010 7:02 pm
Forum: Driving While Suspended
Topic: notification of suspension
Replies: 4
Views: 8233

Re: notification of suspension

He is getting to the bottom of it, but it's going to take time and I'm just trying to figure out what will happen if he is pulled over in the next little while as this is being cleared up... until he receives anything in the mail how can he be charged with driving suspended?

In order to be suspended, you have to be either convicted of something ...
by Radar Identified
Wed Oct 06, 2010 6:56 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain at an accident I never had...
Replies: 4
Views: 5234

Re: Failure to remain at an accident I never had...

If they were really determined, they could take some paint samples and fairly easily find out if your vehicles did come in to contact or not. At this point, the best thing to do is cooperate with the investigation. You should also offer to bring your vehicle in to them so they could take paint samples, as a suggestion to show you have nothing to ...
by Radar Identified
Wed Oct 06, 2010 6:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Eye Sight question in court
Replies: 3
Views: 1927

Re: Eye Sight question in court

Post above was merged in from another thread. Please keep all posts related to the same ticket on the same thread. Makes it easier for everyone to follow the subject...

If his eye sight is a tool, then am I correct in arguing that his eye sight must be tested and verified to be at least 20/20?

No. His eyesight only has to be good enough to ...
by Radar Identified
Wed Oct 06, 2010 6:29 pm
Forum: Improper left turn
Topic: Left turn collision, who is at fault.
Replies: 4
Views: 8098

Re: Left turn collision, who is at fault.

According to the Fault Determination Rules, you are 100% at fault, unless the other driver ran a red, or should have stopped for the amber. (Section 15(2) of the Fault Determination Rules.) The key thing now is what was said in the police report(s). As far as fault goes, the other circumstances you mentioned (visibility, etc) won't change it. In ...
by Radar Identified
Wed Oct 06, 2010 6:06 pm
Forum: Prohibited turns
Topic: Left Turn Ticket
Replies: 3
Views: 4202

Re: Left Turn Ticket

The standard stuff applies: Pick option 3 and get a trial date. That at least gives you some options. Once you get a trial date (this can take quite some time), you can file for disclosure to get the officer's notes. The officer's notes would basically show what evidence the Prosecutor has against you.

Then, on the day of trial, you can see if ...
by Radar Identified
Sat Oct 02, 2010 12:11 pm
Forum: Improper right turn
Topic: Ticket for improper right turn, he said "you might be l
Replies: 11
Views: 5796

Re: Ticket for improper right turn, he said "you might be l

santost wrote:The only sign a left turn arrow on the roadway itself before the intersection.
If there was no sign, the charge would be "disobey lane marking."
by Radar Identified
Sat Oct 02, 2010 12:26 am
Forum: Careless Driving
Topic: Careless driving, no accident, no injury, please help
Replies: 3
Views: 2370

Re: Careless driving, no accident, no injury, please help

Um.. are.you trying to say that you were slaloming in and out of traffic?
by Radar Identified
Sat Oct 02, 2010 12:24 am
Forum: Careless Driving
Topic: got hit by truck, he was making left turn
Replies: 2
Views: 1898

Re: got hit by truck, he was making left turn

Careless driving? You'll need to find out exactly what that "independent witness" saw. When you get a trial date, you can file for disclosure and get the officer's notes, as well as the collision report. That should tell you what this witness supposedly saw.

I'd still recommend getting some sort of professional help with this particular charge ...
by Radar Identified
Sat Oct 02, 2010 12:15 am
Forum: Failing to yield the right-of-way
Topic: Fail to yield to traffic on through highway (Collision)
Replies: 10
Views: 10560

Re: Fail to yield to traffic on through highway (Collision)

Couple of things to add...

Your insurance is going to increase regardless because this was an "at fault" collision according to the Fault Determination Rules (under the Insurance Act... sort of). The HTA conviction could raise your rates above that. The only way to avoid the demerit points is to either not be convicted, or plea-bargain to an ...
by Radar Identified
Sat Oct 02, 2010 12:07 am
Forum: Improper right turn
Topic: Ticket for improper right turn, he said "you might be l
Replies: 11
Views: 5796

Re: Ticket for improper right turn, he said "you might be l

Get away with it? Only if the officer does not show up for trial. Peel Region Police are normally pretty good with attending court dates. You could try to plea-bargain down to a municipal by-law infraction, depending on the Prosecutor. That would prevent an insurance increase, because they look at your driver record. Municipal offences don't go on ...
by Radar Identified
Sat Oct 02, 2010 12:01 am
Forum: Failing to share the road
Topic: Should I go to trail for fail to share roadway?
Replies: 4
Views: 5758

Re: Should I go to trail for fail to share roadway?

Is it worth challenging the ticket completely - plead not guilty, plead guilty and beg to not add demerit points (I don't mind paying the $110 fine) .. or should I just take the ticket and demerit points?


For a first offence, you may be able to plea-bargain this one down to a municipal by-law infraction. That would still require requesting a ...
by Radar Identified
Fri Oct 01, 2010 11:54 pm
Forum: General Talk
Topic: Failing to stop?
Replies: 3
Views: 1666

Re: Failing to stop?

I thought about it and think it might of been a cop hiding with a speed trap?

Usually in poor visibility the police will wear bright reflective vests so there is little chance that you'd mistake them for a jaywalker. Secondly, if you really did fail to stop, chances are pretty good that they'd have chased after you and pulled you over. Although ...
by Radar Identified
Sat Sep 25, 2010 8:03 pm
Forum: Failing to stop for a school bus
Topic: School Bus Driver's Report and 6 demerit points
Replies: 21
Views: 22862

Re: School Bus Driver's Report and 6 demerit points

They not only need a witness, they need a witness to identify the driver for 175 (12). This does carry 6 demerit points. It is possible that the wrong charge was issued. Unless the school bus driver could provide a good description of you, enough to identify you, they should've used the part where you'd be charged as the vehicle owner.

Did you ...
by Radar Identified
Sat Sep 25, 2010 7:48 pm
Forum: General Talk
Topic: 5km over plus a traffic record means no good for insurance
Replies: 1
Views: 1614

Re: 5km over plus a traffic record means no good for insurance

I'd either file for a trial and then call the Prosecutor a month in advance to plead guilty, or plead guilty with an explanation (option 2). More or less, same result. It shouldn't kill your insurance.
by Radar Identified
Wed Sep 22, 2010 7:20 pm
Forum: Improper passing
Topic: Improper Passing or Careless Driving?
Replies: 16
Views: 17126

Re: Improper Passing or Careless Driving?

If someone in front of me slams the brakes and turns I might be a wee bit pissed, especially if there was no signal. 20 under for 5 minutes is:
A. Far too slow
B. Inconsiderate
C. Dangerous to those lined up behind you


100% agree. It seems like the driver who turned was being inattentive and careless. I'm also surprised that the driver who ...
by Radar Identified
Wed Sep 22, 2010 7:11 pm
Forum: General Talk
Topic: Caught with a phone....
Replies: 4
Views: 1879

Re: Caught with a phone....

divebutt wrote:mis-spelled the abbreviation of by street - bld instead of blvd.
Seems more like a spelling error, or simply "taking a shortcut" by leaving the "V" out, than any problem with eyesight, in my opinion. I don't think it's a worthwhile avenue of defence.
by Radar Identified
Wed Sep 22, 2010 7:08 pm
Forum: General Talk
Topic: forcing fatal error
Replies: 9
Views: 3471

Re: forcing fatal error

Set fine amount for 10 km/h over the limit should have been $25, so yes, your ticket does have a fatal error. As for why the officer made as many mistakes as he did - who knows? Maybe didn't bring his "A game" to work that day.
by Radar Identified
Tue Sep 21, 2010 11:44 pm
Forum: Improper passing
Topic: Improper Passing or Careless Driving?
Replies: 16
Views: 17126

Re: Improper Passing or Careless Driving?

passing multiple vehicles at the same time is apparently illegal

It is not illegal.

With certain offences, you receive a summons to appear in court. You can still plea-bargain, it is just that a court appearance is mandatory. Part 1 tickets (e.g. speeding) have the option of paying out of court. The other reason a summons was issued is that ...
by Radar Identified
Tue Sep 21, 2010 11:39 pm
Forum: General Talk
Topic: Plead guilty or trial?
Replies: 6
Views: 3094

Re: Plead guilty or trial?

Best would be to have the insurance "live" with the MTO like other provinces.

That would make sense and keep uninsured motorists off the road. Run a plate: BING - uninsured. Vehicle stopped & impounded.

Unfortunately... because it makes sense... I have little hope of it being implemented, at least by the powers that be in this province at this ...
by Radar Identified
Tue Sep 21, 2010 11:31 pm
Forum: General Talk
Topic: forcing fatal error
Replies: 9
Views: 3471

Re: forcing fatal error

Reflections covered it. The set fine amount being inaccurate is a fatal error... but, as hwybear says, that has to be the set fine amount as per the Chief Justice of Ontario, not the statutory amount in the HTA. What was the set fine amount on your ticket?

Why is it that ticketcombat says wrong set fine amount is not a fatal error?

I can't ...
by Radar Identified
Sun Sep 19, 2010 1:34 pm
Forum: General Talk
Topic: Should I report a collision? What to do next after collision
Replies: 2
Views: 4805

Re: Should I report a collision? What to do next after collision

Most auto body shops aren't open on weekends, but that's where you'd go to get an estimate. Examples: Howden Collision, Main Auto Body, Assured Automotive, etc. There are all kinds of collision repair shops in the GTA, if that's where you happen to live. Most of them are above-board but there are one or two that I'd recommend staying away from ...
by Radar Identified
Sun Sep 19, 2010 1:22 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: ticket with wrong speed limit
Replies: 2
Views: 2902

Re: ticket with wrong speed limit

For this particular charge... a paralegal would be worthwhile seeking. You should be able to beat the stunt driving charge, however it still leaves the issue of speeding 105 in a 60 zone. I'd suggest taking photographs of the area where you were caught, showing the signage, etc. Also check under this forum's section "Courts and Procedure," and look ...
by Radar Identified
Sun Sep 19, 2010 1:19 pm
Forum: Improper right turn
Topic: What happens if there is error on a Ticket?
Replies: 10
Views: 16494

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

I heard that if a mistake is made on a ticket, it means that the ticket is invalid. Is that true?

Not exactly. In your case, the ticket is still valid. A mistake or omission of the licence plate number won't get it thrown out.

The mistake has to be huge in order for it to be tossed: The defendant's name is completely wrong or missing; the ...