Search found 2654 matches

by Radar Identified
Wed Jan 12, 2011 1:44 pm
Forum: Driving While Suspended
Topic: Disqualified / Suspended? driving while...?
Replies: 3
Views: 4637

Re: Disqualified / Suspended? driving while...?

I am very sorry to hear of this. My deepest sympathies. I wish your son the speediest recovery.

As for the offence, as hwybear says, a "disqualified" driver is someone who has had his/her licence revoked for a criminal matter. There's really two stages in your driving privileges: Being qualified to have a licence, and keeping the licence valid (so ...
by Radar Identified
Tue Jan 11, 2011 12:37 pm
Forum: General Talk
Topic: Is officer required to be present if I intend to plead guilt
Replies: 8
Views: 4346

Re: Is officer required to be present if I intend to plead g

Prosecutor may also ask that the maximum fine of $500 be imposed upon conviction (and JPs can do that) if they show that you acted in bad faith.
by Radar Identified
Tue Jan 11, 2011 12:31 pm
Forum: Prohibited turns
Topic: Right Turn (Eglinton/Old Forest Hill Rd) 144(9)
Replies: 2
Views: 2326

Re: Right Turn (Eglinton/Old Forest Hill Rd) 144(9)

They can amend the charge at any time prior to the trial starting.

Get disclosure and see what the officer's notes say. However, if the location is incorrect, you could definitely make the argument that you were prejudiced and misled.
by Radar Identified
Tue Jan 11, 2011 12:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 10672

Re: Picked UP disclosure for trial..Improper ?

Guess it depends on how serious the charge is...
by Radar Identified
Tue Jan 11, 2011 12:28 pm
Forum: Improper left turn
Topic: How to defend against this?
Replies: 11
Views: 3985

Re: How to defend against this?

Section 142 (1):

(1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may ...
by Radar Identified
Sat Jan 08, 2011 4:42 pm
Forum: Following too closely
Topic: Follow Too Close & Fail to stop
Replies: 8
Views: 4822

Re: Follow Too Close & Fail to stop

Have you looked up any case law regarding "follow too close" on CanLII?

Regardless, like Simon Borys, I'd also recommend a paralegal. If she gets convicted of these charges, she will almost surely have her insurance cancelled and be forced to use the Facility Association, which, generally, runs $12 000 to $25 000 per year.
by Radar Identified
Sat Jan 08, 2011 4:41 pm
Forum: Careless Driving
Topic: Careless Driving - General Questions
Replies: 3
Views: 2193

Re: Careless Driving - General Questions

You would go in early to the courtroom where the trial is to be held, and check in with the Prosecutor. You have an opportunity to try to reach a resolution at that time. If you've obtained disclosure, have a factum with case law ready to go, etc., they're usually more willing to negotiate. Be polite, do NOT be aggressive-confrontational or ...
by Radar Identified
Sat Jan 08, 2011 4:32 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Cop Bent The Truth, 20 Over (Reduced Ticket)
Replies: 20
Views: 5880

Re: Cop Bent The Truth, 20 Over (Reduced Ticket)

Rain can reduce the range, but not alter the speed reading, on modern police radar.
by Radar Identified
Sat Jan 08, 2011 4:23 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 10672

Re: Picked UP disclosure for trial..Improper ?

Simon Borys wrote:If he's not there, the crown can and probably will ask for it to be adjourned.
That is, unless it's in much of the GTA, or, sometimes, Ottawa, in which case they'll usually withdraw (unless it's serious). Otherwise, yes...
by Radar Identified
Sat Jan 08, 2011 4:11 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Amber light and point of no return.
Replies: 8
Views: 14358

Re: Amber light and point of no return.

I would think the examiner would fail you in this situation, if the light turns and your in intersection, probably have blown a "amber" light.


Too many variables to really give a definitive black-and-white answer, I'd say.

I'd argue that it would depend on the speed limit, length of the traffic light on amber, and the width of the ...
by Radar Identified
Sat Jan 08, 2011 8:35 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Amber light and point of no return.
Replies: 8
Views: 14358

Re: Amber light and point of no return.

I was told that you would fail if the light goes red before you get across the intersection

Well I'm not really sure that's true.

First of all, "running a red light" has two categories:
- Red Light - Fail to Stop
- Red Light - Proceed Before Green

If you are in the intersection when the light turns red, well, that doesn't really matter. As ...
by Radar Identified
Thu Jan 06, 2011 3:09 pm
Forum: Improper left turn
Topic: Left turn collision, who is at fault.
Replies: 4
Views: 8098

Re: Left turn collision, who is at fault.

Actually, if someone disobeys a traffic signal, it becomes 100% their fault, regardless of who was turning. The OP seems to have turned when the light was amber, not red - so it becomes 100% his fault for turning in front of oncoming traffic. It was likely that there was not enough evidence for the adjuster to believe that the other driver ...
by Radar Identified
Thu Jan 06, 2011 3:03 pm
Forum: General Talk
Topic: Is officer required to be present if I intend to plead guilt
Replies: 8
Views: 4346

Re: Is officer required to be present if I intend to plead g

With the ruling by the Ontario Court of Appeal that the speed can be "increased to the original" at trial, most Prosecutors will seek to amend the charge. In the GTA and Ottawa it's less likely than other jurisdictions, but, it is what it is. Such is the risk you take if you fight a reduced speeding ticket, that is, unless they've made some goofs ...
by Radar Identified
Thu Jan 06, 2011 2:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 10672

Re: Picked UP disclosure for trial..Improper ?

The only thing missing from the disclosure request that would result in a stay of proceedings is the relevant portions of the radar/lidar manual.

Maybe I read the coding incorrectly, but I didn't see an indication that the officer stopped your vehicle "without sight lost" or coding/letters to that effect.
by Radar Identified
Thu Jan 06, 2011 2:53 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Sign Fail to stop at Pemberton Ave and Kenneth Ave
Replies: 30
Views: 11300

Re: Disobey Sign Fail to stop at Pemberton Ave and Kenneth A

As for the time at which the 11B clock starts, generally you're looking at the offence date. (Ontario Court of Appeal, R. v. Gregory McMillan)

As diehard suggests, put together a disclosure request. You should have everything lined up should the 11B fail. If they fail to provide disclosure, it makes the 11B case even more compelling. If you do get ...
by Radar Identified
Wed Jan 05, 2011 10:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: First Ticket - 86 in a 60 - Questions
Replies: 13
Views: 2872

Re: First Ticket - 86 in a 60 - Questions

Some answers:

Fighting this is the only way to avoid the full fine and demerit points. You should be able, at worst, to plea-bargain to 15 over, since this is your first offence. Take your ticket to the courthouse and choose option 3, or mail it if they have that option. They'll then set a trial date. Option 2 is pleading guilty to the same ...
by Radar Identified
Wed Jan 05, 2011 9:56 pm
Forum: General Talk
Topic: Parking Lot fender bender - my obligations?
Replies: 11
Views: 6897

Re: Parking Lot fender bender - my obligations?

Well, as much as I was not involved, the fact that the cops got involved put a smile on my face. :D

Serves him right. You were doing what any other driver would have done in your situation. Any time someone does not go through insurance, three written estimates is the off-the-record "expected" thing-to-do. As for him, well, he sounds like he's a ...
by Radar Identified
Wed Jan 05, 2011 9:47 pm
Forum: General Talk
Topic: First Ticket - 86 in a 60 - Questions
Replies: 1
Views: 1233

Re: First Ticket - 86 in a 60 - Questions

Duplicate post from another forum area. Thread locked.
by Radar Identified
Wed Jan 05, 2011 9:38 pm
Forum: Careless Driving
Topic: Careless Driving - General Questions
Replies: 3
Views: 2193

Re: Careless Driving - General Questions

1. Yes, unless they adjourn the trial, or the officer is a collision reconstruction expert.
2. No. I wouldn't, though.
3. Your wife is deemed not to dispute the charge and a conviction is entered. Either that, or if she received a summons, she can be arrested for failing to appear. The defendant has to be present.
4. Convicted. Don't even think of ...
by Radar Identified
Wed Jan 05, 2011 9:35 pm
Forum: Careless Driving
Topic: Charged for Careless Driving.. (REALLY?)
Replies: 4
Views: 4993

Re: Charged for Careless Driving.. (REALLY?)

I'm not really sure careless driving applies here, but if I were in your situation, I'd consult a paralegal. Our website sponsor, DC Paralegal Services, is a good place to start. You can fill out the form at the bottom of the page for a free no-obligation quote, or call them at 1-888-668-9267. They will get the full story from you, file for a trial ...
by Radar Identified
Tue Jan 04, 2011 5:39 pm
Forum: General Talk
Topic: Parking Lot fender bender - my obligations?
Replies: 11
Views: 6897

Re: Parking Lot fender bender - my obligations?

Just a couple of thoughts, since hwybear and Simon Borys already gave you everything you need...

If this guy "worked for insurance," first and foremost, he should know and understand the Fault Determination Rules. They would place you as 100% at fault for this collision, because you were leaving a parking space and failed to yield (section 16 ...
by Radar Identified
Tue Jan 04, 2011 10:56 am
Forum: Bylaws Pertaining to Traffic
Topic: Toronto Bylaw 32/92 38(a)
Replies: 2
Views: 6653

Re: Toronto Bylaw 32/92 38(a)

Theoretically this one should have demerit points. O. Reg 339/94 prescribes demerit points, and for a couple of municipal by-law infractions, you can get demerit points. In your case, offences under section 143 and 144 (9) of the HTA, and "any municipal by-law prohibiting turns" (including u-turns) is supposed to have 2 demerit points.

However ...
by Radar Identified
Tue Jan 04, 2011 10:29 am
Forum: General Talk
Topic: Where to wait to make a left turn at a intersection.
Replies: 15
Views: 19801

Re: Where to wait to make a left turn at a intersection.

Courtesy of our resident moderator RI we will bring you "How to block an Intersection"


Courtesy of our resident moderator RI we will bring you "How not to turn"


Toronto traffic = free entertainment. Yesterday the DVP was like the Autofragginbahn.

I had this one time where the person in front of me did that and I had to wait through 5 ...
by Radar Identified
Tue Jan 04, 2011 10:23 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop - Amber Light
Replies: 4
Views: 6557

Re: Failure to Stop - Amber Light

Failing to stop for an amber light is one where, if you testify carefully, you should be able to win. If you'd adjusted your speed for the conditions, found it was slick and decided it was unsafe for you to attempt to stop, and proceeded with caution, you didn't break the law. What you'd want to do in court, after the officer testifies for the ...
by Radar Identified
Tue Jan 04, 2011 10:13 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Traffic Control Device timing
Replies: 1
Views: 5374

Re: Traffic Control Device timing

Historical note... the person who "invented" the amber light (actually, the three-colour traffic signal) was a cop: William Potts, of the Detroit Police.
by Radar Identified
Tue Jan 04, 2011 10:08 am
Forum: Driving While Suspended
Topic: Drive Under Suspension and Collision
Replies: 1
Views: 1760

Re: Drive Under Suspension and Collision

With multiple serious charges like this, it is best to consider hiring a paralegal. One way to get started with that is to fill out the form at the bottom of the page for a free no-obligation quote.

With "a few" driving under suspension charges, if you were to get convicted this time, in combination with the other charges, you are likely looking ...
by Radar Identified
Tue Jan 04, 2011 10:04 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Telephone Number on Disclosure Request
Replies: 4
Views: 2801

Re: Telephone Number on Disclosure Request

There's no "law" about leaving your telephone/fax number. It would probably be accepted as a valid request by the JP, especially since they mailed a reply to you. Personally, I'd include the telephone number. It is of no benefit to leave it out. The theory is that the Crown could claim that "we called him and he never picked it up," but they could ...
by Radar Identified
Mon Jan 03, 2011 10:23 am
Forum: General Talk
Topic: Where to wait to make a left turn at a intersection.
Replies: 15
Views: 19801

Re: Where to wait to make a left turn at a intersection.

Your driving instructor is correct.

Section 144 (12) of the HTA allows you to enter on a green (well, no kidding). Once you've pulled in to the intersection, as you know, you just wait for traffic to clear and then turn when safely able. Now, here's where some confusion comes up. Section 145 allows by-laws to be passed prohibiting blocking an ...