Search found 2654 matches

by Radar Identified
Sat Jul 18, 2009 10:27 am
Forum: General Talk
Topic: Four times the posted speed limit
Replies: 3
Views: 2005

Four times the posted speed limit

Last night, Toronto Police stopped two cars that were racing down Martin Grove Road in Etobicoke. The speed limit there is 50. They were going 200 km/h!

Toronto Star article here

:shock: :shock: :shock:

On a different, but also shocking note, Thursday night a York Regional Police officer was seriously injured after she was involved in a ...
by Radar Identified
Sat Jul 18, 2009 12:38 am
Forum: General Talk
Topic: plaincloths officer stopped me for not checking
Replies: 60
Views: 13818

Re: plaincloths officer stopped me for not checking

he has to pass the ticket to you directly and you have to accept it for it to be valid.....


While it is true that the ticket must be "served personally" to the defendant (section 3(3) of the Provincial Offences Act), whether you accept it or not has no bearing on its validity. "I don't accept it" doesn't render it invalid. The officer only has ...
by Radar Identified
Fri Jul 17, 2009 10:29 pm
Forum: Careless Driving
Topic: Insufficent disclosure
Replies: 4
Views: 2299

Re: Insufficent disclosure

1. File the stay application 20 days in advance. See if it works.
2. Check out these cases on CanLII:

R. v. Erredia
R. v. Morgan
R. v. Woldenga

Take notes of those cases. Erredia basically said that a minor error is not careless driving, and just because the circumstances do not specifically "fit" into another HTA offence also does not mean ...
by Radar Identified
Fri Jul 17, 2009 10:08 pm
Forum: General Talk
Topic: plaincloths officer stopped me for not checking
Replies: 60
Views: 13818

Re: plaincloths officer stopped me for not checking

They've got up to 7 days to file the charges. You don't have to stay home waiting, just go about your business normally. If the police are going to charge you, they'll find a way to get the ticket to you. In the mean time, you might want to re-visit the scene of the incident and take some of your own notes. The officer might've forgotten or decided ...
by Radar Identified
Fri Jul 17, 2009 9:59 pm
Forum: General Talk
Topic: INSECURE LOAD TICKET - ANY IDEAS?
Replies: 22
Views: 15982

Re: INSECURE LOAD TICKET - ANY IDEAS?

Mmm.... donuts....

Still a major route, moving slow, with unstrapped cargo......

Toronto Police would've also slapped on an unnecessary slow driving ticket. In that case, could come up with a defence to one or the other, but not both at the same time, given the scenario. :shock:

Eddie57, did the officer inspect the load and check to see if ...
by Radar Identified
Thu Jul 16, 2009 5:09 pm
Forum: Prohibited turns
Topic: Left Turn (Bathurst & Eglinton)
Replies: 9
Views: 9148

Re: Left Turn (Bathurst & Eglinton)

You guys are sure the bilingual defence is foolproof?

Foolproof, no. Usable defence, yes, although there is no 100% guarantee that it will work. One case allowed it (R. v. Myers), and it "opened the door," so to speak, but no higher courts have said either "yes" or "no" as to whether or not it can or cannot be used. I've seen it used ...
by Radar Identified
Thu Jul 16, 2009 4:59 pm
Forum: General Talk
Topic: "improper use of headlights"
Replies: 16
Views: 8506

Re: "improper use of headlights"

That being the case:

Welcome aboard, Marquisse! :)
by Radar Identified
Thu Jul 16, 2009 4:54 pm
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 24054

Re: Disclosure request content

You have a right to a speedy and fair trial, but disclosure is a bit of a different animal. In short, yes, if they don't give you proper disclosure, the proceedings can be stopped. The Crown must get the disclosure package ready for you in a reasonable amount of time before the trial, if you've requested one. If they don't, you can file a motion to ...
by Radar Identified
Thu Jul 16, 2009 12:21 am
Forum: Failing to obey signs
Topic: Unbelievable Trial Yesterday - Disobey Sign - HTA 182 (2)
Replies: 20
Views: 8140

Re: Unbelievable Trial Yesterday - Disobey Sign - HTA 182 (2)

More or less, but saying you don't understand something isn't a loophole. The real issue here was lack of disclosure. Proper disclosure is needed so that a defendant can "make a full answer and defence," most of which comes from common-law history and the R. v. Stinchcombe case.

The most important statement in that case is:

What are the legal ...
by Radar Identified
Wed Jul 15, 2009 6:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 33 over in an 80 zone
Replies: 3
Views: 1978

Re: 33 over in an 80 zone

As Reflections was saying, plea-bargaining can still result in an insurance increase, depending on your provider. Some of them will forgive a ticket for 15-over, others won't - it all depends. Plea-bargaining can save you the stress of a lot of time in court, plus it gets the fine down. 15-over also keeps you away from demerit points. You can call ...
by Radar Identified
Wed Jul 15, 2009 6:25 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Manitoba car/license - speeding ticket of 25 kph over
Replies: 1
Views: 4725

Re: Manitoba car/license - speeding ticket of 25 kph over

The ticket information will be sent back to Manitoba, so they'll find out about it, and then when you apply for an Ontario license the infraction will be transferred to your record here. Whether or not your rates go up depends on your insurance provider. (Are you still using insurance from Manitoba?)

Basically any speeding ticket can be used to ...
by Radar Identified
Wed Jul 15, 2009 6:10 pm
Forum: Failing to obey signs
Topic: Unbelievable Trial Yesterday - Disobey Sign - HTA 182 (2)
Replies: 20
Views: 8140

Re: Unbelievable Trial Yesterday - Disobey Sign - HTA 182 (2)

Reflections wrote:Appeals are more indepth than the first trial. I would advise a paralegal....
Agreed.
by Radar Identified
Wed Jul 15, 2009 6:09 pm
Forum: Improper driving when road is divided into lanes
Topic: Using Centre Lane Improperly
Replies: 32
Views: 25182

Re: Using Centre Lane Improperly

This is what I'm thinking on this. I go to trial and as a defense tell the justice that I did not commit an offense because the subsection 154(1)(b) cited specifically allows what I did, which was to prepare for a left turn, abort it, and merge again with traffic. When the The officer/prosecutor alleges that I used the middle lane to overtake ...
by Radar Identified
Tue Jul 14, 2009 5:30 pm
Forum: Improper driving when road is divided into lanes
Topic: Using Centre Lane Improperly
Replies: 32
Views: 25182

Re: Using Centre Lane Improperly

Lawman wrote:Therefore, if you received an offence notice (not a summons) and you're not within prescribed part of Ontario COMPLETELY IGNORE THE TICKET.
Have you successfully used this defence in court (or any of your other theories for that matter)?
by Radar Identified
Sun Jul 12, 2009 8:42 pm
Forum: General Talk
Topic: TRAFFIC STOPS providing ID
Replies: 32
Views: 14166

Re: TRAFFIC STOPS providing ID

There's a lot more to this story than I had initially believed. I think that an impartial investigation by an oversight body is warranted, or at the very least, the London Police Professional Standards Bureau. Again, best of luck with everything.