Search found 2654 matches

by Radar Identified
Sat Apr 10, 2010 9:15 am
Forum: General Talk
Topic: What's The Solution?
Replies: 12
Views: 5654

Re: What's The Solution?

If someone is really determined to drive, it is extraordinarily difficult to stop them, unless you put them in jail. Here's an idea:

- If the driver owns a vehicle, unless the driver demonstrates that the vehicle is required by someone else who does not have a licence suspension, "boot" the vehicle until the end of the suspension
- If caught ...
by Radar Identified
Thu Apr 08, 2010 4:07 pm
Forum: Reversing on a divided high-speed road
Topic: Driving to work
Replies: 2
Views: 6096

Driving to work

Yesterday afternoon I was driving to work. On the DVP, the electronic road sign read: "GARDINER MOVING SLOWLY BEYOND YONGE TO HIGHWAY 427." Okay, normal... Got onto the Gardiner from the DVP... As I was joining the ramp, traffic was starting to back up. Well, that's far earlier than advertised, and usually they're reasonably accurate with the ...
by Radar Identified
Thu Apr 08, 2010 3:54 pm
Forum: General Talk
Topic: Driver's lack of diligence = ....
Replies: 2
Views: 1539

Re: Driver's lack of diligence = ....

Maybe we should have dash cams in ambulances and forward the offences to the local PD!

I don't see why this is not part of the HTA where owners can be charged for failing to give way to emergency vehicles, kinda like blowing by school buses.

Then again, an Ontario driver's licence may be obtained by opening a Corn Flakes box (especially in the ...
by Radar Identified
Thu Apr 08, 2010 3:40 pm
Forum: General Talk
Topic: Two tickets and court, newb needs advice
Replies: 8
Views: 2257

Re: Two tickets and court, newb needs advice

There's also "First Attendance," if you wanted to resolve it prior to the day of trial.
by Radar Identified
Tue Apr 06, 2010 10:36 am
Forum: Speed Traps
Topic: Speed trap: SB Royal York, N of the Queensway, Toronto
Replies: 4
Views: 3380

Re: Speed trap: SB Royal York, N of the Queensway, Toronto

Variable speed limits work quite well in other parts of the world, including the GTA. I think it was Eastern Sauga where I've seen one of those "40 when flashing, otherwise 50 or 60" signs and they're also all over Calgary.

Avenue Road in Toronto between Eglinton and Lawrence has a 50 km/h posted limit with "40 km/h when flashing."

Texas and ...
by Radar Identified
Tue Apr 06, 2010 10:17 am
Forum: General Talk
Topic: Falsely accused of hitting a car while backing from driveway
Replies: 31
Views: 12646

Re: Falsely accused of hitting a car while backing from driveway

We do not live in a corrupt society where our policing is bought and our officers abusive of the power they are entrusted with. We have a safe country and a good system that is just. When it isn't, like the case of an OPP officer working the Mississauga corridors, they are found out and disgraced.

+1

If the situation is as Aasif describes, that ...
by Radar Identified
Tue Apr 06, 2010 10:12 am
Forum: General Talk
Topic: Falsely accused of hitting a car while backing from driveway
Replies: 31
Views: 12646

Re: Falsely accused of hitting a car while backing from driveway

I'd follow Marquisse's advice. You said you're 100% up-front so there should be nothing to worry about. The one officer won't give you answers, so call a Sergeant or Staff Sergeant. If you have nothing to hide, that will tell you more. And it will probably put your mind at ease, as well.

Here's the other thing: If you get charged, the Crown ...
by Radar Identified
Tue Apr 06, 2010 10:03 am
Forum: General Talk
Topic: We're not unfairly complaining about congestion
Replies: 28
Views: 6369

Re: We're not unfairly complaining about congestion

I think the on ramp problems are from new drivers who think the yellow/black speed signs are the limit.(so they speed up to 60 on the ramp and find highway speed after they enter it).


Or... upon reaching the end of the ramp, fearful of getting rear-ended... they slow down. :shock:

Afraid of getting rear-ended... so drive even more slowly ...
by Radar Identified
Tue Apr 06, 2010 9:59 am
Forum: Failing to obey signs
Topic: 182(2) Disobey Sign - No Left Turn Defence
Replies: 4
Views: 4460

Re: 182(2) Disobey Sign - No Left Turn Defence

Is his distraction a reasonable defence?

Not in this case.

Best thing to do, file for the trial option. You might be able to plea-bargain this down to a by-law infraction (doesn't affect your driver record). After you get a trial date set, you can file for disclosure. Disclosure of the Crown's case against you would also show how good the ...
by Radar Identified
Tue Apr 06, 2010 9:51 am
Forum: Courts and Procedure
Topic: Police Notes
Replies: 30
Views: 13304

Re: Police Notes

do this all the time....and many many many professions, careers are the same way with the work and document after and if they need to know what they did on that day they look back at a log book, bill of sale, services rendered etc..


Yes, that's why R. v. Colangelo and R. v. Kassam basically said if the officer can look at the notes, before or ...
by Radar Identified
Mon Apr 05, 2010 3:07 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light-Proceed before green HTA 144(18)
Replies: 3
Views: 3255

Re: Red Light-Proceed before green HTA 144(18)

You can just search on-line.

www.canlii.org

Or you can also search for the Provincial Offences Act. There are plenty of case law links in the threads, so you should be able to prepare a factum and your case just by downloading and printing the cases in the links. If not, any library should have them. Or if you're in Toronto, visit the University ...
by Radar Identified
Mon Apr 05, 2010 3:03 pm
Forum: Courts and Procedure
Topic: Can they use it if they don't disclose it?
Replies: 3
Views: 2231

Re: Can they use it if they don't disclose it?

Say it right there and then. Get it recorded so that it is in the transcript, and the failure to disclose the critical evidence now being presented prejudiced your decision and the approach to the trial.

Then ask for it to be excluded.
by Radar Identified
Mon Apr 05, 2010 2:54 pm
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3899

Re: The system works - it beat me down until I gave up.

I read that case and thought it was a slam dunk, until I spoke with the paralegal.

Just a question: Did the paralegal tell you "just pay it," or words to the effect of "if you give me the case I might be able to win" implying he knew some technicalities?

Also... worthwhile to note what the manufacturer's manual says regarding testing. (You'll ...
by Radar Identified
Mon Apr 05, 2010 2:39 pm
Forum: Courts and Procedure
Topic: Police Notes
Replies: 30
Views: 13304

Re: Police Notes

Right. I see nothing wrong with an officer on the day of trial going "Hmm... defendant so-and-so..." (flips through notebook, finds notes), "oh yeah."
by Radar Identified
Mon Apr 05, 2010 11:13 am
Forum: Courts and Procedure
Topic: Police Notes
Replies: 30
Views: 13304

Re: Police Notes

Looks like the decision by Justice Lampkin basically says, if the officer has an "independent recollection" without the notes, the officer can use the notes to assist in recall, which may bring additional details as well. If the officer does not have a recollection of the event at all, the officer can only testify with the notes, verbatim.

the ...
by Radar Identified
Sun Apr 04, 2010 6:08 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 115km/hr on highway 400
Replies: 39
Views: 14630

Re: Speeding 115km/hr on highway 400

That is what the notes are...an independent (made on my own) recollection (made them after the fact)


Here's some boring case law on "independent recollection" for an HTA case:

R. v. Kassam, 2007

One question, once a trial date is set, do i have to ask for a disclosure in advance or go to trial and ask for disclosure and will the judge set ...
by Radar Identified
Sat Apr 03, 2010 8:51 pm
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 13603

Re: HTA 144 (9) - Time issue

File the 11B ASAP and see if you can order the transcripts at the same time when you visit the courthouse.

The only time it is "too early" to file the 11B is if the 11-month "window" has not gone by. (Technically it is 10.5 months but who's counting...)
by Radar Identified
Sat Apr 03, 2010 8:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 115km/hr on highway 400
Replies: 39
Views: 14630

Re: Speeding 115km/hr on highway 400

I thought this forum was to get help in terms of fighting tickets, but looks like majority of the people don't give you any tricks here.

There are few "tricks" to fighting speeding tickets. That's why there isn't a bevvy of information about fighting them. They're not terribly easy to beat in court, either. Suffice to say, this is it:

- Upon ...
by Radar Identified
Sat Apr 03, 2010 11:23 am
Forum: General Talk
Topic: Top Ten EASY Ways to Dodge a Ticket!
Replies: 37
Views: 9412

Re: Top Ten EASY Ways to Dodge a Ticket!

Since you claimed you could "tell of many success stories," I challenge you to deliver the goods. Case names, with results, from Canada only.
by Radar Identified
Sat Apr 03, 2010 12:20 am
Forum: Ontario Traffic Ticket Help Articles
Topic: What You Should Do if Pulled Over By a Police Officer
Replies: 32
Views: 30634

Re: What You Should Do if Pulled Over By a Police Officer

Posters were telling people to leave glove box open

That was advice, it was not "thou shalt leave the glovebox open." It makes life easier on the officer, which, surprisingly, usually makes life easier on you. If you don't like that, it's your decision. And if you think police here are asking for too much, watch what happens if you ever get ...
by Radar Identified
Sat Apr 03, 2010 12:06 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light-Proceed before green HTA 144(18)
Replies: 3
Views: 3255

Re: Red Light-Proceed before green HTA 144(18)

For 144 (18 ) Red Light - Proceed Before Green Should be:
$260 set fine
$325 total payable

What set fine did the officer enter on the ticket?

Looks like the ticket bears a fatal error to me. We've actually had some discussion over this... the procedure for dealing with it is quite illogical, for lack of a better expression. See this thread here ...
by Radar Identified
Thu Apr 01, 2010 10:37 pm
Forum: Traffic Offences Outside Ontario
Topic: snowmobile owi in michigan
Replies: 5
Views: 2714

Re: snowmobile owi in michigan

Michigan's laws are a bit different than Ontario, but basically OWI on a snowmobile is transferred to your driver licence and suspensions/points are applied. Any OWI offence is treated the same, whether it is in a motor vehicle or snowmobile or anything else. See this link from the Michigan Secretary of State:

http://www.michigan.gov/documents/SOS ...
by Radar Identified
Thu Apr 01, 2010 5:37 pm
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3899

Re: The system works - it beat me down until I gave up.

He said that since it's laser, and not radar, then it only needs to be tested once a day, which it was. There is no need for a retest at the end of the day so the JP will ignore the undocumented retest.


I don't buy that. I believe that the paralegal may have indeed said that, but I don't agree with his take at all. Here's why:

R. v ...
by Radar Identified
Thu Apr 01, 2010 5:26 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Ticketed for right turn at yellow light [resolved]
Replies: 48
Views: 24326

Re: Ticketed for right turn at yellow light [resolved]

Congratulations! :D

You definitely did all of the homework you needed to, and were well-prepared. Turns out you didn't need to be, but it's a win nonetheless. Nice job.

Too bad with the tow truck callout, but better than $325+ in fines, 3 demerit points and a 3-year insurance increase!
by Radar Identified
Thu Apr 01, 2010 1:28 pm
Forum: General Talk
Topic: We're not unfairly complaining about congestion
Replies: 28
Views: 6369

Re: We're not unfairly complaining about congestion

certainly speed limits could be raised but by designating the 401 at 110 won't people speed up to 130 vs the current 120?


According to a study from Saskatchewan, where they raised the limit from 100 to 110, the answer is no. There was a slight increase in average speed, but it wasn't by much. What seemed to happen is the "high-milers" stayed ...
by Radar Identified
Thu Apr 01, 2010 1:17 pm
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3899

Re: The system works - it beat me down until I gave up.

Hold on, did you hire a traffic ticket fighting company?
by Radar Identified
Thu Apr 01, 2010 1:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Ticketed for right turn at yellow light [resolved]
Replies: 48
Views: 24326

Re: Ticketed for right turn at yellow light [resolved]

I guess I logged on a little too late to provide any help (1:13 PM now, start of trial 1:30)...

Even if you admit you entered on an amber light, that is not Red Light - Fail to Stop. Whether you could've stopped for the amber or not isn't the issue here, it's whether or not you crossed the line against a red.

Plea-bargaining: Check in with the ...
by Radar Identified
Thu Apr 01, 2010 1:12 pm
Forum: Courts and Procedure
Topic: Didn't get a trial :-(
Replies: 3
Views: 2147

Re: Didn't get a trial :-(

Just make a note of everything the Prosecutor said, timing and so on. The fact that you objected, made a big fuss about losing time off work, etc., works in your favour. It sucks to have it put off to another day, but the charge should be stayed. If anything, you now have a solid argument for the unreasonable delay.

You do not need to re-serve ...
by Radar Identified
Thu Apr 01, 2010 1:07 pm
Forum: Improper right turn
Topic: NEED HELP!! Improper right hand turn, SEC. 144(9)
Replies: 1
Views: 2474

Re: NEED HELP!! Improper right hand turn, SEC. 144(9)

Thread locked due to duplicate post. Please continue the discussion under "disobey signs." That way all posts/responses/help can be found in one place.