Ontario Highway Traffic Act

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.