Are they required to have a witness that was present at the scene in order to obtain a conviction?
More or less... unless the officer is a collision reconstruction expert.
As well the one witness who told me that the other driver accelerated to try and make the light does not have a witness statement. I was wondering if I should go and get ...
Search found 2654 matches
- Sat Feb 27, 2010 1:13 pm
- Forum: Improper left turn
- Topic: Left Turn, 141(5), Planning a win.
- Replies: 5
- Views: 5166
- Fri Feb 26, 2010 12:45 pm
- Forum: Courts and Procedure
- Topic: What's wrong with the Provincial Offense Court system
- Replies: 5
- Views: 2168
Re: What's wrong with the Provincial Offense Court system
Maybe a new system should be designed and pick one option online (no response in 7 days and you are found guilty)
1) plead guilty
2) plead guilty with time to pay
3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B)
4) trial court - there will be a trial, failing to attend for trial is an extra ...
1) plead guilty
2) plead guilty with time to pay
3) resolution court, where you try to make a resolution or then ask for trial court (waving your 11B)
4) trial court - there will be a trial, failing to attend for trial is an extra ...
- Fri Feb 26, 2010 12:34 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Right to know location of Traffic Citation
- Replies: 3
- Views: 1647
Re: Right to know location of Traffic Citation
I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw.
The road itself (e.g. Hwy 7) is good enough. You're absolutely right, not including the exact position/nearest intersection/etc is not a fatal error and will not get the ...
The road itself (e.g. Hwy 7) is good enough. You're absolutely right, not including the exact position/nearest intersection/etc is not a fatal error and will not get the ...
- Fri Feb 26, 2010 12:26 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Fail to stop - the stop sign was not visible from 60m
- Replies: 17
- Views: 5595
Re: Fail to stop - the stop sign was not visible from 60m
If the "no disclosure" angle doesn't work, the issue is, can you prove that the sign is/was not visible from 60 metres? Testifying to that is not good enough, you'll need some tangible evidence.
- Fri Feb 26, 2010 12:23 pm
- Forum: Failing to yield the right-of-way
- Topic: Fight it or plead it : Failing to yield 136(2)
- Replies: 2
- Views: 2793
Re: Fight it or plead it : Failing to yield 136(2)
My strong impression of the events is that the SUV had not come to a complete stop, therefore I had obtained right of way first.
If he reached his stop line first, even if he was still moving, he had right-of-way. If not, then you had right-of-way. If you both reached at the same time, you should have right-of-way (vehicle on the right rule ...
If he reached his stop line first, even if he was still moving, he had right-of-way. If not, then you had right-of-way. If you both reached at the same time, you should have right-of-way (vehicle on the right rule ...
- Thu Feb 25, 2010 2:17 pm
- Forum: Courts and Procedure
- Topic: APPEAL FOR removal of 3 demerit points (Speeding ticket 20km
- Replies: 1
- Views: 5067
Re: APPEAL FOR removal of 3 demerit points (Speeding ticket 20km
Unfortunately, the courts have no control over demerit points. If you have been convicted, there is no way to get rid of the points... unless you get the conviction tossed.
- Thu Feb 25, 2010 2:07 pm
- Forum: Improper left turn
- Topic: Left Turn, 141(5), Planning a win.
- Replies: 5
- Views: 5166
Re: Left Turn, 141(5), Planning a win.
If the witnesses state that the vehicle disobeyed the red light, particularly if it accelerated, you could have a case. The other driver should have been charged with Red Light - Fail to Stop. I think the best defence here would be focusing on the fact that everything appeared to be clear, you believed it was safe to turn, and were faced with a ...
- Thu Feb 25, 2010 1:55 pm
- Forum: General Talk
- Topic: How to Drive Like a Moron
- Replies: 5
- Views: 1688
- Wed Feb 24, 2010 3:41 pm
- Forum: General Talk
- Topic: How to Drive Like a Moron
- Replies: 5
- Views: 1688
How to Drive Like a Moron
This website has been around for a while, but it's still good for a laugh:
How to Drive Like a Moron
Also... this is YouTube video that I shot, showing a couple of ways that you should NOT turn at an intersection:
[youtube]http://www.youtube.com/watch?v=eZkz1ScP7nM[/youtube]
How to Drive Like a Moron
Also... this is YouTube video that I shot, showing a couple of ways that you should NOT turn at an intersection:
[youtube]http://www.youtube.com/watch?v=eZkz1ScP7nM[/youtube]
- Wed Feb 24, 2010 3:37 pm
- Forum: Driving While Suspended
- Topic: Need Advice - Suspended licence though not driving
- Replies: 8
- Views: 3226
Re: Need Advice - Suspended licence though not driving
I guess we'll have to see what the outcome is... If the case is handled professionally, the odds of winning would go up, although as you and cruzmisl have indicated, there's a few missing components to the story...Traffic Law wrote:I would respectfully diagree with the chances of beating this allegation.
- Wed Feb 24, 2010 3:33 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Fail to stop - the stop sign was not visible from 60m
- Replies: 17
- Views: 5595
Re: Fail to stop - the stop sign was not visible from 60m
I think so, too. It's the content of the document that's important, not the document itself in this case.Reflections wrote:I would think so, any one else????
- Wed Feb 24, 2010 3:31 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Wrong intersection on ticket...
- Replies: 2
- Views: 2173
Re: Wrong intersection on ticket...
You may have a chance, particularly if the road you were facing doesn't have a stop sign. After you've got your trial date, disclosure of the officer's notes would tell you more. Incorrect location on the ticket does not make the ticket null, but it can help you at trial, if it goes that far. If nothing else, at least requesting the trial gives you ...
- Tue Feb 23, 2010 11:05 am
- Forum: General Talk
- Topic: Driving Disqualified
- Replies: 5
- Views: 1996
Re: Driving Disqualified
How do I get about clarifiaction from the courts ?
If you had a lawyer represent you, the lawyer should be able to tell you exactly what the conditions were. Otherwise, the other recourse is to start by calling the general information line for the court where your trial was held. It will take some time, but they'll be able to tell you who to ...
If you had a lawyer represent you, the lawyer should be able to tell you exactly what the conditions were. Otherwise, the other recourse is to start by calling the general information line for the court where your trial was held. It will take some time, but they'll be able to tell you who to ...
- Tue Feb 23, 2010 11:01 am
- Forum: Driving While Suspended
- Topic: Need Advice - Suspended licence though not driving
- Replies: 8
- Views: 3226
Re: Need Advice - Suspended licence though not driving
I'd say the odds of successfully beating your charge in court are about 1 in 1000.SolveARealCrime wrote:because I was not actual driving the vehicle and there are no witnesses to my operating the vehicle, does that give me enough grounds to plead Not Guilty and fight the charge?
- Tue Feb 23, 2010 10:51 am
- Forum: General Talk
- Topic: Driving Disqualified
- Replies: 5
- Views: 1996
Re: Driving Disqualified
Driving disqualified usually results in jail time. To make matters worse, usually that time will be spent in one of our overcrowded, decrepit, rat-infested provincial jails. I wouldn't operate a vessel unless I had a specific clarification from the courts that it was allowed, either.