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: 4389

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: 4138

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: 2177

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: 9696

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: 3762

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: 4547

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: 1996

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: 5163

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: 9696

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: 13573

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: 13573

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: 7767

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: 4138

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: 9696

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: 9623

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 ...