Search found 2654 matches

by Radar Identified
Tue Sep 22, 2009 2:29 am
Forum: General Talk
Topic: Administrator--a suggestion for the site
Replies: 2
Views: 1440

Re: Administrator--a suggestion for the site

I think that would be a good idea. From time to time we get a few inquiries from truckers/commercial operators... would definitely add value to the forum. But that's just my opinion.
by Radar Identified
Tue Sep 22, 2009 2:25 am
Forum: Bylaws Pertaining to Traffic
Topic: 2 Toronto Parking tickets in 2 minutes!!!
Replies: 11
Views: 8291

Re: 2 Toronto Parking tickets in 2 minutes!!!

Even if that is true, my street is already overenforced when it comes to meter maids and they're a rude bunch.

You must live in Etobicoke. :shock:

Yep, two tickets in two minutes?! At least one of them should be withdrawn.

Correction: IF the system wasn't a modified Gong Show, at least one of them should be withdrawn. However, they'll likely ...
by Radar Identified
Tue Sep 22, 2009 2:11 am
Forum: Courts and Procedure
Topic: Received Disclosure - Questions concerning next steps?
Replies: 14
Views: 5293

Re: Received Disclosure - Questions concerning next steps?

You don't have to tell the Crown anything with regards to your intent/defence when you're bringing up a motion. It's for the JP to hear and no one else. As for format... I really can't be too sure. In my (non-legally-trained) opinion, I'd probably type up a document (business-letter format) with each point of my argument set apart as a header ...
by Radar Identified
Tue Sep 22, 2009 1:54 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: confused by charge and resulting action
Replies: 5
Views: 2912

Re: confused by charge and resulting action

Definitely. S. 128 has NO provision for seizure/impoundment. In fact, some officers are using s. 128 instead of s. 172 specifically to let the motorist drive home but face consequences later (which is how it should be), innocent until proven guilty, plus the alleged act has been stopped... but anyway... yeah definitely get a paralegal involved, if ...
by Radar Identified
Wed Sep 16, 2009 1:51 pm
Forum: General Talk
Topic: Failure to furnish required information Sec 199 (1) accident
Replies: 6
Views: 5237

Re: Failure to furnish required information Sec 199 (1) accident

It is three demerit points. The other issue pertains to insurance. Did you notify your insurance provider of the collision? (Doesn't matter if you submit a claim or not, still must notify your insurance company per the Insurance Act.)
by Radar Identified
Wed Sep 16, 2009 1:36 pm
Forum: General Talk
Topic: Licence Suspension Due to Unpaid Fines
Replies: 3
Views: 8588

Re: Licence Suspension Due to Unpaid Fines

Not much recourse available, unfortunately. If you really wanted to get the speeding ticket re-opened and jump through all of those hoops, it's possible, but very difficult.

There's some debate as to whether or not "administrative licence suspensions" can be used against your insurance premiums, but the general consensus is that yes, they can ...
by Radar Identified
Wed Sep 16, 2009 1:30 pm
Forum: Courts and Procedure
Topic: Received Disclosure - Questions concerning next steps?
Replies: 14
Views: 5293

Re: Received Disclosure - Questions concerning next steps?

They can adjourn (more or less) at any time. The Crown will present their evidence first, so let them submit the bungled documents. Your counter-argument is that they failed to submit documents proving ownership (submit your paperwork) - this is mostly for trial. One caveat: They may not allow you to submit your documents in closing , (depends on ...
by Radar Identified
Fri Sep 11, 2009 10:15 am
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 12330

Re: Defective Braking System: $110

I havent been in trouble with the police since 1998. Seems not everyone will forget i guess, and i expect to be treated differently. But that doesn't mean i have no rights.

Given the number of times you've been stopped/ticketed lately, you might want to consider hiring a lawyer. The lawyer could do a bit of digging and see if your vehicle/plate ...
by Radar Identified
Fri Sep 11, 2009 10:08 am
Forum: Courts and Procedure
Topic: Received Disclosure - Questions concerning next steps?
Replies: 14
Views: 5293

Re: Received Disclosure - Questions concerning next steps?

Something got drawn to my attention. Try this approach: Let the Crown enter their evidence, but do not get on the stand to testify. Then just submit your own ownership, and in closing, state that the MTO document clearly shows that you are not the registered owner of the vehicle. That should do it.
by Radar Identified
Thu Sep 10, 2009 11:47 pm
Forum: Courts and Procedure
Topic: Received Disclosure - Questions concerning next steps?
Replies: 14
Views: 5293

Re: Received Disclosure - Questions concerning next steps?

Considerations on amendment

(4) The court shall, in considering whether or not an amendment should be made, consider,

(c) whether the defendant has been misled or prejudiced in the defendants defence by a variance, error or omission; and

(d) whether, having regard to the merits of the case, the proposed amendment can be made without ...
by Radar Identified
Thu Sep 10, 2009 11:35 pm
Forum: General Talk
Topic: Cop suspended with Pay, HTA 172
Replies: 67
Views: 24596

Re: Cop suspended with Pay, HTA 172

I found an equally interesting ruling that quietly went through in June.

R. v. Van Der Merwe, 2009

Justice Woodworth, who presided over that case made the following ruling:

The respondent has not established that the deprivation of liberty resulting from this is demonstrably justified in a free and democratic society and as such Section 3.7 ...
by Radar Identified
Thu Sep 10, 2009 11:04 pm
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 12330

Re: Defective Braking System: $110

So when a cop pulls me over under HTA and asks my passengers for ID (WTF DO YOU NEED HIS ID FOR???) and i question it, Im giving him attitude?

And how did you respond to the officer asking your passenger for ID? Was it closer to: "Why?" or was it more like: "Why the f*** do you need his ID, you fat pig?"

Also, from your post under speeding 30 ...
by Radar Identified
Wed Sep 09, 2009 6:08 pm
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 12330

Re: Defective Braking System: $110

Why does it take two squad cars for a minor traffic infraction? I have never understood this, why they request/need backup?

Several reasons. First, if a person is driving through a high-complaints area at 4:00 in the morning, then starts giving the cop attitude and otherwise acting suspicious, the cop would be nuts NOT to call for backup. (Act ...
by Radar Identified
Wed Sep 09, 2009 3:15 pm
Forum: General Talk
Topic: Cop suspended with Pay, HTA 172
Replies: 67
Views: 24596

Re: Cop suspended with Pay, HTA 172

It's all over the news now. The ruling basically said that, indeed, speeding, no matter by how much, is an absolute liability offence and cannot have the possibility of imprisonment, therefore the inclusion of a specific speeding offence in O.Reg 455/07 violates section 7 of the Charter of Rights and Freedoms.

Police can still seize and impound ...
by Radar Identified
Wed Sep 09, 2009 2:56 pm
Forum: Improper right turn
Topic: RIGHT Hand Turn from Middle Lane on Red - Opinions/Facts
Replies: 6
Views: 13840

Re: RIGHT Hand Turn from Middle Lane on Red - Opinions/Facts

"Curb to curb" would apply if the middle lane was a through lane or left turn lane. In that case, a turn to the right on red would be disobeying the lane markings, or an improper turn. If the lane is designated for a right turn, then yes, you can make the turn on a red. Section 144 of the HTA, as Squishy was saying, outlines what can be done at ...