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1 in 1600 are pretty good odds of survival, I'd say, when compared to things like a firearm or even a baton strike to the head, which are the options it supplements.

Anyway, my thoughts about the Dziekanski incident...

First, the guy was in the Customs hall/baggage area for almost nine hours. He only tried to leave after about seven hours. Why ...

Actually careless driving is possibly the easiest charge in the HTA to prove.

Really? Of all the cases I've seen, careless is usually the one that gets the highest number of acquittals/withdrawals/reduced. How many of the people you charged (rough estimate) got professional help with their case?

Same goes for careless but careless is more of ...

Just prepare for the Prosecutor to try to nitpick on every minute detail of your testimony. Specific questions will depend on your testimony, and how it differs with that of the officer. If you are convincing and resolute, the Prosecutor may ask a few questions, and the JP may also ask a few questions for clarification.

Key point to focus on ...

The whole idea started with the Posse Comitatus movement years ago. Oh by the way, here's an interesting quote:

"I am no longer a citizen or employee of the corrupt political corporate of the State of Michigan and the United States of America. I am answerable only to common laws." -- Terry Nichols, in a letter to the State of Michigan, "revoking ...

OTTLegal wrote:CAIA charges go on your driving record for 3 years just like any other traffic ticket.

Well, there you go.

The last point where the "no insurance" would've been on your friend's record is 2004.

I'd definitely seek professional legal advice. By the way, what were you charged with?

I don't believe CAIA offences go on your driver abstract... but I could be wrong. They certainly affect your licence validity, though, if you fail to pay the fines.

See this link for Guidelines on Submitting Photographs:

http://www.ontariohighwaytrafficact.com/topic1765.html

It is difficult to say. The only thing you could really do is talk to the Crown Prosecutor about the situation, and see what they say. At this point, the Crown is the only one who can amend the charge.

Without seeing the collision report and the officer's notes, etc., I cannot really give a solid opinion as to whether or not I believe that ...

Has your speedometer been certified? How often would it have to be calibrated? An errant speedometer is not a defence...


Errant speedometer is not a defence to speeding under s. 128.

However, according to the Ontario Court of Appeal, an errant speedometer is a defence to stunt driving (50 km/h or more over limit) as it is a strict liability ...

Highway Traffic Act definition of "vehicle":

"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car

Go look it up.

A person driving a motor ...

hwybear wrote:i also don't think you can reopen 10yr old charges...

Yeah, 10 years is far too late...

how much more danger do you need? just plugged a vehicle from behind

Actually, that was my point.

Haddad did not have a collision and was found not guilty. Baillie did have a collision and was found guilty.

Rear-end collision is not prima facie evidence of follow too closely because the defendant may have been cut off (no fault), had another ...

Some case law regarding following too closely...

R. v. Haddad, 2009

Couple of key points:
- Follow too closely is an offence of strict liability (paragraph 6);
- A rear-end collision is NOT "prima facie" evidence of following too closely (paragraph 8, reference: R. v. Ouseley, 1973);
- The officer's opinion that a vehicle was following too ...

Let us know how it turns out. If anything, show up early. If you can show the Crown that your wife had reasonable grounds to believe that she was no longer in a construction zone, there's a good chance they'll go for 115 in a 100 zone, and no workers, in a plea bargain.

DB Cooper wrote:What i'm looking for, is, if car "B" has complied with subsection (1) and has been waiting (not approaching) the intersection as well as Car A for the north/south traffic to clear, would this still give Car A right of way?

Yes it would.

That's what they argued in R. v. Myers. If the JP is willing to listen, that might work if you construct the argument properly. Most of the time, they are not willing to listen.

The way I read O.Reg 615 as a whole is: "municipalities in designated bilingual areas must have bilingual signs, unless the municipality doesn't want to." If the ...

You could try plea bargaining to "fail to turn to avoid collision." I believe that's 2 demerit points and $110 fine. Same price, fewer demerit points, and, depending on your insurance company, they will look much more favourably on that than "follow too closely." If you had fully stopped and started moving forward, you could also plea-bargain to ...

First car to the line has right-of-way... at least that's the way I read it... (Section 136 of the HTA.)

Just to add to what OPS Copper said...

In this case, the only way to beat this particular charge is to show up with a letter from your insurance company (or an agent of said company) that proves that you had insurance at that time you were charged. Literally. That is the ONLY way to do it. The question is, did you have insurance at the time, or ...

Best way as others have stated: walk the disclosure request in and get it stamped by the clerk, or fax it and keep the "ok" receipt. Now one has proof that disclosure was asked for. Will be up to the crown to then prove that disclosure was sent to defendant.

+1

If the court has stamped the defendant's request when it is walked in (which they ...

I just think if radar could not be identified how can the officer talk about anything else?


In short, the make/model of the device is sufficient, like a Decatur Genesis VPD or whatever... similar to the idea that you could testify about a vehicle make/model without having to know the VIN #.

She would be agreeing with speed but can appeal to ...

Response sent a couple of minutes ago...

I think FyreStorm pretty much covered it...

I think i am a safe driver in Sweden we have to complete 6 hrs of driving on ice or oil before we get our license ,we also have to complete 10 hrs in a garage learning maintenance of the vehicle.All things i think should be mandatory here in Canada before letting people out on the road.

This is a valid point and it is supported by evidence ...

The definition FyreStorm refers to can be found in section 1.1 of the HTA. Also for clarity, the same section says:

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes ...

I am confused though as to why the Police in Ontario would not use the tuning forks that are suppiled by the manufacturer? Won't it be easier to use the forks rather than go through a series of tests?


Radar devices sold to police in Ontario actually don't come with tuning forks. If the device is actually mounted to the vehicle, the "rolling ...

The officer has tuning forks that are struck the held to the unit(s) and if the radar reads the speed of the particular fork it is calibrated.

Just an FYI...

Police in Ontario do not use tuning forks. Officers in some other provinces might, but not here. Tests are usually done internally using the manufacturer's procedures. External tests, if ...

On a side note, i did talk to my Insurance company(of course, i never gave my name). His frank opinion was that the rating system varies from Company to company and also depends on how clean my driving record is. e.g, If i never received any points or tickets before the company will take it easy on me. At times even with no points the ticket ...

This thread has the potential to go on for a while...

There isn't any sanction that an officer can hand out that isn't subject to proper judicial review.

In almost all cases that is true. "Show cause" must occur expeditiously for people arrested, as well as a bail hearing if they are charged. Seized property must be returned to a Justice who ...