Search found 2654 matches

With a charge like careless driving, I'd recommend discussing this with a paralegal. If he bumped or broadsided a car that was stopped while he made the turn, particularly with rainy road conditions, a careless driving charge is not surprising. The consequences of a careless driving conviction are quite severe, particularly with respect to ...

Squishy wrote:I think this was the "right" charge, but a misunderstanding of what you are required to do at the intersection.

That's definitely possible.

Squishy wrote:Am I forgetting a relevant section of the HTA?

I don't think so.

OPS Copper wrote:Sorry no signature is not a fatal error IF it is an electronic generated ticket..

I think Odot wanted to go to electronic ticketing for reasons like that, but for some reason the switchover didn't happen. Cost?

Squishy wrote:It's O.Reg. 497/94, section 2. It's not an HTA O.Reg., but under the POA.

Thanks Squishy.

Halloween is just over a week away, so I thought this might be a semi-interesting topic. Ontario has a couple of allegedly "haunted highways," where people have reported strange sights and encounters.

I'd be interested in hearing of any local legends or stories you have about roads that may be haunted.

The only one I know of that is said to be ...

before you pull me over i stuff it in my pocket


According to two friends I have with the Ottawa Police...
"You cannot search the person to find the instrument." Exactly as you said.

They can't search you personally but they can search the car. So if you stuff the detector down your shirt, well, you might be home free... not that I'm ...

viper1 wrote:When they tried to get me to agree to a reduced fine
I mentioned about the research I have done the cop went up and told the DA my answer.

Did they drop the charge?

No signature is a fatal error, as well as if the set fine OR total payable is incorrect. There are a couple of ways of fighting it. If you choose not to dispute the charge (by simply doing nothing), the Provincial Offences Act then takes over, and the Justice of the Peace who gets your ticket the only has to do one thing: Examine it to see if it is ...

I agree, I think the wrong charge was used. Makes it easier to beat in court.

Get a trial date, make a disclosure request, and see what they come back with. The officer's notes should tell the story, and that's probably all you'd get as far as disclosure goes in this case. Just don't let the Crown know that the officer seems to have charged you ...

:roll:

I stand by my original statement. Section 60 and 60.1 apply whether or not there is a trial. They are also the law, in the same act. It says a conviction as a result of a "proceeding," and section 8 says if you plead guilty out of a court it constitutes a conviction. That is also a proceeding. The phraseology is the same. Payment of the ...

I just looked at section 8 of the Provincial Offences Act. Basically if you settle out of court/plead guilty, it "constitutes the conviction." It does say to pay the set fine... but... I recalled some legislation from the Harris government imposing the victim surcharge. I looked it up, too, and the Victims' Bill of Rights was what they used. It ...

Was that the set fine amount or total payable you're referring to?

If the set fine OR total payable is wrong, it's a fatal error. So the set fine should be about $80, and total payable, as Squishy says, is about $105 if it's a community safety zone. Let us know. Did the community safety zone have certain hours that it's in effect? What set fine ...

I'm going to have to agree with Squishy.

I still believe that keeping right except to pass in all cases has more benefits to overall traffic flow than keeping left to accommodate right-turning vehicles, and having to change lanes every time a car comes up behind you

Granted, it is courteous in many situations to move left to allow vehicles to ...

My take on it: Disagree, at least if I understand your scenario correctly. Ian Law, who is a well-respected professional driving instructor, says you should keep to the right, as you've got an open escape route (shoulder) and are exposed to fewer errors from drivers on either the left or right. He writes for the Toronto Star as an automotive ...

What I do for a livng is not important (I'm retired).

It isnt important. It doesnt add or detract from credibility. The main reason I pushed you for an answer on your occupation and experience, and dared you to test your ideas yourself, was because of some of your posts had an air of overconfidence and some were disrespectful. Example:

If ...

Everything on the Internet is opinion, not fact.

Finally we agree on something.

As to "there's nothing I posted that you could shoot a hole in," you seem to have mistaken me for someone that cared, or for that matter, even bothered to read most of your posts. I'm not obsessed with laws, I'm only here for fun, but I sure as hell don't want to ...

liveontheedge, you and I have both been forum members for a while. I know for a fact that we've both been to Provincial Offences Court and fought charges. I also know, from one of your posts a couple of months ago, that you fully know what is a novel, unproven idea and what is a reliable method. You've indicated you're willing to try new ideas, so ...

This guy got more than he bargained for when he fled from the cops in Metro Detroit.

http://www.detnews.com/article/20091012 ... 1409/METRO

Greatest Canadian wrote:Next time you see a cop blow a red light chase him down and charge him

Yeah, because random citizens are always in possession of a book of Provincial Offences Notices.

I've got a better idea. Rather than telling OTHER people to do it, YOU do it. Test your ideas in the real world. Let us know what happens.

Squishy wrote:Once the voltages are imbalanced, one cell will try to charge the other, overheating it and resulting in a "vent-with-flame" incident, where the cell vents hydrogen gas and ignites it.

That's also why there are restrictions on carrying lithium batteries onto passenger aircraft.

JP's tend to give credibility to the cops, so using a "DID NOT" defense will always lose to the cops "DID TOO".


Well, yeah, unless the defendant has some high level credentials (e.g. another cop)... which probably isn't the case here. I'd been under the impression that siobat and her husband were both in the car at the time, so there would be ...

Your best course of action is what youve done. File for trial and get disclosure. If the cops notes dont indicate that he used radar determine the speed then youve got a good chance. On the other hand if notes indicate radar use it going to be very hard to beat, best try to plead it down.

I agree with that... just one minor point... if the ...

How many people will even notice that it needs a special alkaline battery charger, much less know the limited applications for such a battery?


Probably none... heck, I wouldn't even know. If I saw a rechargable battery I'd be inclined to take a quick glance at the fine print and then buy it. That, of course, could result in some really ...

Oops... yeah should've included an explanation. :oops:

If it's a 206 Turbo, 178 knots is definitely possible... could be true airspeed or indicated... That's well over 300 km/h. Basically "true" airspeed is the actual speed that the airplane is moving through the air. Squishy - yes, you are correct.

However, aircraft instruments aren't perfect ...

I really hope it is $500, although I think that the "up to $500" may be because of the fact it is a Part 1 Certificate, which can have fines of up to $500, e.g. certain speeding offences, follow too closely, etc.

Maybe having the new Section 78 and its associated regulations will make convictions under Careless more likely to stick??

I hope so ...

If it was straightforward speeding 50-over, although considered stunt driving, jail time is not really a possibility. Actually a recent ruling from an appeal Justice in Napanee (Justice Griffin) ruled that speeding, even if it was 50 or more km/h over the limit, could not be considered stunt driving because it carries the possibility of ...

I'd try calling them again.

racer wrote:Well, apparently now you can ask for disclosure before even getting the court date, as some members have indicated.

Once the PON is filed by the officer, the Crown Prosecutor can look up the info and track down the officer (get the notes, etc). So it's in the system, even though the court date hasn't been set yet.

Unless Kitchener has one of those obscure by-laws designating certain areas as fire routes (not likely)... there wasn't by any chance a fire station on the road, was there?

I know my work shirts are "made in china"


From where I work:

- Uniform is made in Canada, but the fabric is from China :shock:
- Company-issued briefcase is made in Canada, not sure about where the cows are from
- Company manuals are printed in Canada, but the binders are from Taiwan :?
- The airplanes were made in Canada, so were the ...

100 km/h?! Get a paralegal on that one. An experienced agent would be able to get that witness's evidence tossed. Can you recall if the witness was driving substantially below the speed limit at the time?

A lot of people overestimate things when dramatic events occur. Example: Last year, there was a two-car crash on my street (actually - 3 or 4 ...

Where did this offence occur? I gather from the post, you weren't just driving within the city, you were covering a fair distance. I'm also guessing that you drove only because of your daughter's illness and otherwise would not have, which might be mitigating circumstances when it comes to sentencing. (No guarantees though.) I'm not sure about what ...