Search found 2654 matches

by Radar Identified
Wed Nov 11, 2009 11:14 am
Forum: Courts and Procedure
Topic: once i got my appeal date --what happens at court?
Replies: 10
Views: 5887

Re: once i got my appeal date --what happens at court?

No longer valid? London v. Young was a decision by the Ontario Court of Appeal, so either they or the Supreme Court would have to overturn it, no? As recently as June 18 of this year it was still valid (R. v. Monahan). When was it reversed? If you have a link to the case law that overturned London v. Young, that would be great.
by Radar Identified
Wed Nov 11, 2009 12:46 am
Forum: Failing to yield the right-of-way
Topic: Failed to Yield when turning right on red
Replies: 6
Views: 4998

Re: Failed to Yield when turning right on red

Disclosure is where you get all of the relevant evidence against you so that you can answer the charge and provide a full defence to it. So the Crown is "disclosing" all of its evidence to you... actually to be technical... it is all of the evidence that has a reasonable possibility of affecting the outcome of the trial.

In this case, when the ...
by Radar Identified
Wed Nov 11, 2009 12:38 am
Forum: General Talk
Topic: Keeping Quiet (" Complete Silence") : Police Traff
Replies: 32
Views: 10412

Re: Keeping Quiet (" Complete Silence") : Police Traff

Now the picture is clear:

I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.


Plus

The car is black with factory tinted windows, also has aftermarket dark color rims

This is why you are being pulled over so much ...
by Radar Identified
Tue Nov 10, 2009 11:43 am
Forum: Failing to yield the right-of-way
Topic: Failed to Yield when turning right on red
Replies: 6
Views: 4998

Re: Failed to Yield when turning right on red

The key point in there is the "failure to stop" part of it. There may have been no traffic at all, and it may have been perfectly safe to make the right turn without coming to a full stop - but - it is illegal. Even in that situation, legally, you're required to bring the vehicle to a complete stop before turning. So no, unfortunately, you were not ...
by Radar Identified
Tue Nov 10, 2009 11:35 am
Forum: Ontario Traffic Ticket Help Articles
Topic: What You Should Do if Pulled Over By a Police Officer
Replies: 32
Views: 27748

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

hwybear wrote:Do NOT reach into anywhere, do not place your stuff out in the open.
Is that something that all ODOTS would rather see? Or does it depend on the officer?
by Radar Identified
Sun Nov 08, 2009 11:32 pm
Forum: General Talk
Topic: Keeping Quiet (" Complete Silence") : Police Traff
Replies: 32
Views: 10412

Re: Keeping Quiet (" Complete Silence") : Police Traff

I'm getting a lot of heat from the police while driving the car around Toronto, they stop me, check the car is not stolen, i have been pulled over 6 times since Halloween.

What part of Toronto are you living in? In some neighbourhoods, a university-aged guy driving a 2009 Infiniti G37 is going to get a lot of attention from the cops. If you don ...
by Radar Identified
Sun Nov 08, 2009 11:13 pm
Forum: Ontario Traffic Ticket Help Articles
Topic: What You Should Do if Pulled Over By a Police Officer
Replies: 32
Views: 27748

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

Some other generic tips during a traffic stop:

- Upon stopping, shut the engine off and set the parking brake
- Get your paperwork ready (licence, insurance, registration) and place it on the dashboard before the cop approaches your car
- Leave your glovebox open so the officer can see inside it
- Keep both hands on the steering wheel in a visible ...
by Radar Identified
Sun Nov 08, 2009 10:59 pm
Forum: Improper left turn
Topic: Failure to afford reasonable opportunity to avoid collision
Replies: 15
Views: 12853

Re: Failure to afford reasonable opportunity to avoid collision

141 (5) is 3 demerit points.

Source: Ontario Regulation 339/94, which governs the demerit point system.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm

If you scroll through the link (go to the bottom of the page), you'll see that 141 (5) is under "failing to yield the right of way," although technically it is a turning ...
by Radar Identified
Sun Nov 08, 2009 10:49 pm
Forum: Courts and Procedure
Topic: Summons to court
Replies: 6
Views: 6988

Re: Summons to court

There was some controversy about what "personally served" meant, but this case I found basically said that leaving it in your mailbox is good enough... or, in this case... stuffing it under a door.

City of London v. Erdesz, 2009

I took a day off work to attend the court date on the ticket, but the officer did not show up or file any of the ...
by Radar Identified
Thu Nov 05, 2009 11:51 am
Forum: Compulsory Automobile Insurance Act
Topic: Does insurance have to be from an Ontario company?
Replies: 1
Views: 2404

Re: Does insurance have to be from an Ontario company?

You need insurance from Ontario.

To obtain insurance from Michigan, you would need a Michigan residence and driver's licence, and you'd have to get your car plated and registered in Michigan.

Now the long version: Your insurance company has to provide insurance at the location where the car is based, so to speak. Obtaining out-of-province ...
by Radar Identified
Wed Nov 04, 2009 11:16 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 124hm/h in a 90...Ticketing errors???
Replies: 8
Views: 2625

Re: 124hm/h in a 90...Ticketing errors???

Both officers will need to be present.

Call the courthouse and see what's happened. There is a possibility that you may be able to get the case re-opened if a conviction has been entered due to not responding to the charge, but I can't promise anything. It's worth a shot, though.
by Radar Identified
Wed Nov 04, 2009 11:13 pm
Forum: Improper left turn
Topic: Failure to afford reasonable opportunity to avoid collision
Replies: 15
Views: 12853

Re: Failure to afford reasonable opportunity to avoid collision

D2 wouldn't have admitted to greater speed - will insurance companies only consider police report at time of incident?

Unless D1 has someone with experience in collision investigation successfully prove that the speed was markedly higher, then in this case, they'll pretty much look at the initial report. Even if the argument is presented in ...
by Radar Identified
Wed Nov 04, 2009 12:54 pm
Forum: Parking Tickets
Topic: parking infront of crosswalk/walkway, no sign
Replies: 11
Views: 4505

Re: parking infront of crosswalk/walkway, no sign

That's odd... Maybe take some photos of the scene. I can't think of anything that would show you did something wrong if there were no signs, signals or markings, unless you were within 9 metres of an intersection... which wasn't the case. I'm sure the crosswalk needs to be at least marked, if not signed, otherwise how would the "crosswalk" be ...
by Radar Identified
Wed Nov 04, 2009 12:45 pm
Forum: Careless Driving
Topic: careless after a collision
Replies: 7
Views: 2930

Re: careless after a collision

Was the other driver charged?

The police officer when giving me the ticket said he thought did not have enough evidence to convict me of careless, and was only doing so because witness statements could not prove I was forced across the yellow line by the red sunfire.

They have to prove that you were driving without due care and attention ...
by Radar Identified
Tue Nov 03, 2009 11:09 am
Forum: Improper left turn
Topic: Failure to afford reasonable opportunity to avoid collision
Replies: 15
Views: 12853

Re: Failure to afford reasonable opportunity to avoid collision

D1 insists D2 was going too fast, and D2 admits to seeing D1 and slowing down but then hitting D1 anyway

Exceeding the speed limit does not place D2 at fault. To be charged in this collision, basically his speed would have had to have been too fast for D1 to detect and react to him in a reasonable and proper manner, which would depend on the ...