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I was wondering the same thing.

The fact that no charges were laid under the Highway Traffic Act is helpful, but the HTA does not determine "fault" for insurance purposes. Fault determination for insurance purposes is made under the Insurance Act of Ontario and Fault Determination Rules. They can look at the collision report and any possible witness statements.

In theory (and ...

Peel Police issuing a ticket? Naw, that never happens! :lol:

Okay, seriously. You need to request disclosure from the Crown before your trial date. How soon is your trial set? Making the request is not difficult, but be specific with what you want. Sending the disclosure request via registered mail or fax (make sure you keep the receipt) is ...

Couple of questions... In what city were you stopped? Where was the officer when he/she observed you stop? Would you be able to tell if the officer was specifically observing for people running the stop sign or was the officer just driving around and spotted your alleged offence? Were there any other vehicles at/near the intersection at the time ...

Why am I not surprised...

The motto of most Ontario drivers is that of Super Dave Osborne: "I don't know what I'm doing."

137 in a snowstorm, good grief...

Must've been nice to spend that time in the warm sunny tropics!

Driving sounds chaotic by our standards, or compared to what we're used to. I've never been to San Andres but the locals must be used to driving that way.

Same subject... people think driving in places like Spain or Italy is crazy (drove in Spain recently), but their drivers ...

Meanwhile, showing that the street racing law is a huge deterrent :roll: the Toronto Police caught the driver of a Mercedes-Benz going 231 km/h on the Don Valley Parkway yesterday morning. :shock:

http://toronto.ctv.ca/servlet/an/local/CTVNews/20090109/dvp_speeder_090109/20090109/?hub=TorontoNewHome

The drop in fatalities was continent-wide ...

He can issue the ticket, but it's a lot easier to challenge in court if you want to contest it than if he never lost sight of you. If there were two of you doing the same speed, and you were the trailing car, he stopped you because you were probably the first of the two that he came upon... just easier that way.

According to the Highway Traffic ...

Reflections wrote: Not always perfect witnesses.

If a ticket is issued, and it goes to court, that's the key point right there.

The circumstances described in this thread really don't make it seem like it was something where the police would even bother laying a charge, but I don't know what standard they use, so...

They just wanted an extra level of caution to be used around school buses when they introduced this legislation. However, the ticket can be fought like any other charge under the HTA. They'll need the bus driver to testify, if she reported you and you were charged. Given the circumstances, I wouldn't worry too much about it. In the event you do get ...

Now the manufacturer is attempting to remove these standards with the self-test button. But there isn't any proof that the button works. I think it would be up to the Crown to remove reasonable doubt and prove the test works instead of the defendant having to prove the test doesn't work.

Could this be established as de-facto reverse onus?

I ...

The points made in the article regarding why the seizure of the vehicle is unjustified are very good. I could agree with (although I do not, for most of the "stunt driving" offences) a roadside licence suspension on the grounds that the right to operate a motor vehicle on a public road is a privilege and the driver's licence is property of the ...

The Highway Traffic Act says, in a fairly convoluted way, that if an officer did not charge you at the roadside, you can get a ticket similar to a red-light camera ticket or photo radar ticket. It is sent to the registered owner. If you are charged as the owner (ie. cop didn't stop), no summons is issued. The max fine is $2000, but if charged under ...

Police should be able to give input and offer suggestions. You shouldn't have to surrender your rights as a Canadian citizen when you become a police officer. As for legislating or demanding the government do this or that, no, can't agree with that. Fantino was the one who advocated for including 50 km/h over as "stunt driving," and, well, we all ...

finally we think alike....

:shock: :shock: :shock: :shock: :shock:

Okay now for the Careless Driving charge. I'm assuming that this is a First Attendance Meeting that you've got with the Crown. Careless driving not only has the fine, which albeit isn't the most expensive out there, but it carries 6 demerit points so you'll get a really nasty ...

If it were going to court, absolutely! I'm kinda curious if a defendant can establish that the internal test is not sufficient. Probably would depend on the court's willingness to hear the evidence or consider it credible. I don't expect a reply from Decatur.

Some cases from the US... doesn't really apply directly to Ontario but they set ...

GPS units can have a variety of errors associated with them. The ones in cars don't have Receiver Autonomous Integrity Monitoring, which checks for satellite and self errors and warns the user. They don't require calibration or anything. If they're poorly positioned in the car that can affect their readings. If you're in a valley that can affect ...

You're right TC it's very moving, so many emotions run through you it's hard to tell what you're feeling when they pass under you!

I agree completely.

The Armed Forces are the first ones to stand and defend us. The least we can do when they fall is stand for them.

Lest we forget

I'd rather have more discretion in what to do when driving, but I think better driver education/training would be a necessity with it.

When Montana put in speed limits of "reasonable and prudent" during the daytime on interstates and rural highways, the fatality rate dropped dramatically. When they put limits back in due to a court case (driver ...

I will say that Fantino looked pretty unimpressed in the photo!

To tell you the truth, TC, I don't know of any specific place that always gives the dates/times. There might be but I haven't found it. :(

CP24 and I think AM680 are fairly consistent with reporting on the "day of" that the procession is travelling, but they're not so good on the times. At least the last couple of times they haven't been. Other ...

I think it's a valid question!

I'd be interested to know how the computer simulates the speed without something moving in front of the radar antenna. I think it's an internal test only without verifying the antenna operation/integrity.

Every radar I've used, including weather radar equipment and radar altimeters, etc., had a test mode. The ...

Maybe...

Couple of questions, admin: Who would be a senior member? Obviously people such as yourself, hwybear, ticketcombat and racer would qualify. Have you decided on a cutoff point for the first group yet? Just curious...

I guess it depends on the Prosecutor. Since you've decided to go the route of bargaining, definitely bring all of your evidence, a BIG stack of it, notes, etc., so that if things don't go as planned you're ready. This is what I would do: Show up as early as possible, definitely in advance of 30 minutes prior to trial, and seek out the Prosecutor ...

Once it starts he's comitted to a triel. At least that's how I interpreted the earlier post.


I might've not worded my earlier post clearly enough, but yes you are right. We both agree on this point. Once the trial starts, the time for a plea is over. Prior to the trial beginning, a plea-bargain can be made.

I have nothing to gain for my ...

Not really HTA related but...

As many of you know, three Canadian soldiers were recently killed in the line of duty in Afghanistan. When a Canadian soldier dies overseas, the body is flown into CFB Trenton for a Repatriation Ceremony, then taken in a motorcade along the Highway of Heroes (401 between Trenton and Toronto) and down the DVP to the ...

I also stop 2-5 per shift of improper headlights ($110)...people not turning on their lights, and think daytime running lights are headlights.

I'm all in favour of DRL, but you'd think the manufacturers would make it a little more obvious to the drivers that their headlights aren't on, like keeping the dashboard panel dark until the headlights ...

The only case I could find that was related was R. v Robson, but it doesn't really answer your question. Basically the guy intentionally hit a cyclist and drove off, returning 45 minutes later from a doctor's appointment.

http://www.canlii.org/en/on/onsc/doc/2004/2004canlii18728/2004canlii18728.html

Leaving the scene to seek help and return ...

The best evidence that the Crown has of the 117 in an 80 is the radar reading. If the radar is not tested properly or is not used properly, the radar evidence should be excluded. All of the information regarding proper test/operation is in the manual. Being able to ask the officer exactly what he did to test it and how he used it, and compare it to ...

If the Crown does not disclose the requested evidence, that is often sufficient to stay the charge. The evidence must be relevant and the "applicant" (jimp2061) must have a reason for needing it so that he can provide a full answer and defence. Couple of excerpts from the R. v Vanier case:


It was obvious that the use and accuracy of the ...