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: 1590

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: 8943

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 At least one of them should be withdrawn.

Correction: IF the system wasn't a modified Gong Show, at least one of them should be withdrawn.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: 5654

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: 3264

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: 5744

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: 8955

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: 5654

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: 15642

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: 5654

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: 5654

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: 40233

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: 15642

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: 15642

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: 40233

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: 14366

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 ...
by Radar Identified
Wed Sep 09, 2009 2:42 pm
Forum: Courts and Procedure
Topic: Received Disclosure - Questions concerning next steps?
Replies: 14
Views: 5654

Re: Received Disclosure - Questions concerning next steps?

I'd try the "misled" approach. That's probably your best option, if they don't offer you a reduced charge/fine. I'm not sure it will work, though. As for the clerical error issue, I think it can be corrected by the JP and it is not a fatal error. But, don't be afraid to try it.
by Radar Identified
Tue Sep 08, 2009 2:40 pm
Forum: General Talk
Topic: Cop suspended with Pay, HTA 172
Replies: 67
Views: 40233

Re: Cop suspended with Pay, HTA 172

That's an interesting development. Let us know when more becomes available!
by Radar Identified
Tue Sep 08, 2009 2:36 pm
Forum: General Talk
Topic: Plea for lesser charge from Driving While Under Suspension
Replies: 29
Views: 15744

Re: Plea for lesser charge from Driving While Under Suspension

Just to clarify something, at no point did you have two drivers' licences from different provinces, right? As in, when you moved from Ontario to Quebec, you surrendered your Ontario licence to Quebec in exchange for the Quebec licence, correct?
by Radar Identified
Tue Sep 08, 2009 2:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No time to file for disclosure
Replies: 8
Views: 3319

Re: No time to file for disclosure

Hmm... time to do a little research on the effects of steeped tea and LIDAR... I wonder if Mythbusters is willing to take this one on...
by Radar Identified
Tue Sep 08, 2009 2:24 pm
Forum: Courts and Procedure
Topic: Speeding ticket questions
Replies: 9
Views: 2950

Re: Speeding ticket questions

I just lost my appetite... and my lunch...
by Radar Identified
Tue Sep 08, 2009 2:21 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 152km/hr in a 100km/h zone
Replies: 5
Views: 11537

Re: 152km/hr in a 100km/h zone

DO NOT plead guilty to both charges. The minimum fine for stunt driving is $2000, and on top of that, they will suspend your licence. The conviction is automatically reported to Quebec so they'll ensure that the suspension is enforced. Thanks to Quebec's new road safety law which was enacted last year, you would be looking at 10 demerit points ...
by Radar Identified
Tue Sep 08, 2009 1:14 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Being picked on by an officer
Replies: 2
Views: 1930

Re: Being picked on by an officer

Highbury Avenue (or something like that)?

There are a couple of things you can do. The main thing at this point is to put the paperwork in to fight the tickets, and make disclosure requests so that you can get the Crown's evidence against you.

They may offer to drop one of the charges in exchange for pleading guilty to the other. If you're ...
by Radar Identified
Tue Sep 08, 2009 1:07 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No time to file for disclosure
Replies: 8
Views: 3319

Re: No time to file for disclosure

Just to be sure, is this a trial or First Attendance meeting? As for the rest of it... Plenderzoosh pretty much covered what you need to know at this point. Make sure to keep a copy of the disclosure request and a fax transmission report, or registered mail receipt, showing that your request was received by the Crown.

plus after any break I ...
by Radar Identified
Tue Sep 08, 2009 12:58 am
Forum: Courts and Procedure
Topic: Speeding ticket questions
Replies: 9
Views: 2950

Re: Speeding ticket questions

If that's the case, I'd recommend paying the fine. If the officer did clock you doing 95 but lowered it to 75, that's a pretty big reduction. Speeding tickets, particularly where the officer lowered the amount a fair bit, are also not very easy to beat. They can be, but it requires some work.

You could call the Prosecutor and see if they're ...
by Radar Identified
Sun Sep 06, 2009 6:08 pm
Forum: Prohibited turns
Topic: left turn, disobey sign. need help for Friday court!!!
Replies: 16
Views: 15964

Re: left turn, disobey sign. need help for Friday court!!!

I'm not aware of any newer developments. Back in January, I watched a JP in Toronto throw out a charge because a road sign wasn't bilingual. The defendant presented photographs and said that the sign isn't bilingual, therefore it's not valid. The JP referred to Ontario regulation 615 and the FLSA, and the defendant was found not guilty. The defence ...
by Radar Identified
Wed Sep 02, 2009 4:19 pm
Forum: General Talk
Topic: Speed Limit During Certain Times?
Replies: 5
Views: 3418

Re: Speed Limit During Certain Times?

I'll say 3 as well. I think the sign below it is just indicating the school hours for awareness.
by Radar Identified
Wed Sep 02, 2009 4:12 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 9915

Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

Does Laser Atlanta have the Light or Ultra Light model? (Or I think they spell it Lyte or Ultra Lyte or something like that.) Thought I saw that somewhere.
by Radar Identified
Tue Sep 01, 2009 3:21 pm
Forum: General Talk
Topic: Car Crushing Michael Bryant is in some hot water !
Replies: 10
Views: 3188

Re: Car Crushing Michael Bryant is in some hot water !

Yes, dangerous driving is CCC.

While I don't want to speak ill of the dead too much here, the cyclist had no business hanging onto the car or jumping on the hood or anything. I guess we'll see what happens with Bryant, I think he was justified in trying to escape but the whole onto-the-sidewalk part is what I'm questioning.
by Radar Identified
Tue Sep 01, 2009 3:14 pm
Forum: General Talk
Topic: Car Crushing Michael Bryant is in some hot water !
Replies: 10
Views: 3188

Re: Car Crushing Michael Bryant is in some hot water !

Bryant has been charged with dangerous driving causing death. I think the difference between trying to escape and the dangerous driving had to do with when he put the car on the sidewalk and hammered the guy into the trees, signposts, a fire hydrant, a mailbox, etc. If he'd swerved a few times, accelerated/braked abruptly, etc., instead of that, I ...
by Radar Identified
Tue Sep 01, 2009 1:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: radar readings
Replies: 7
Views: 2920

Re: radar readings

So slower is safer... for your wallet. :D