Search found 1065 matches

by Simon Borys
Mon Jul 18, 2011 10:53 pm
Forum: Commercial Vehicle Safety Alliance (CVSA)
Topic: annual inspection certificate
Replies: 12
Views: 19028

Re: annual inspection certificate

I wasn't aware of O/Reg 611 s. 8(5), but as I see it:

The month of inspection is July 2010
The 1st month after that is August
2nd = September
3rd = October
4th = November
5th = December
6th = January 2011
7th = February
8th = March
9th = April
10th = May
11th = June
12th month after the month of inspection = July 2011; then end of that month ...
by Simon Borys
Mon Jul 18, 2011 10:50 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 126 in a 90 - best option?
Replies: 6
Views: 2887

Re: 126 in a 90 - best option?

If you check the box saying that you are going to challenge the officer's evidence that just means they will give you a court date that he is working. That's the way scheduling works so officers don't have to come in on their days off and get paid overtime for traffic tickets. It doesn't mean the officer HAS to attend, as you can resolve it before ...
by Simon Borys
Mon Jul 18, 2011 7:44 pm
Forum: Courts and Procedure
Topic: Requesting Disclosure
Replies: 5
Views: 2798

Re: Requesting Disclosure

You can fill out a form if a form is used in that jurisdiction. You can write a letter if no form is used in that jurisdiction. Instead of faxing or mailing a letter you can go in with 2 copies and have them stamp them, if you want.

You don't have to include your phone #, but that doesn't affect anything. They may or may not mail it to you ...
by Simon Borys
Mon Jul 18, 2011 7:38 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance with a twist
Replies: 3
Views: 2374

Re: No Insurance with a twist

I don't think you can properly be convicted of "operating" the motor vehicle in this situation. But, I also agree with Stanton that there may be grounds to charge you based on your driving the vehicle to that location, if the police can prove that.
by Simon Borys
Mon Jul 18, 2011 12:34 am
Forum: Commercial Vehicle Safety Alliance (CVSA)
Topic: annual inspection certificate
Replies: 12
Views: 19028

Re: annual inspection certificate

I agree that his annual inspection sticker did not expire on July 16 because it always expires at the end of the month, but I believe it is the end of the month which it is punched out for of the following year. So if the sticker was punched for July 2010, it expires the end of July 2011. I am not aware of any mention of a grace period in the HTA ...
by Simon Borys
Mon Jul 18, 2011 12:17 am
Forum: General Talk
Topic: wrong information on the NOTICE OF TRIAL
Replies: 7
Views: 2807

Re: wrong information on the NOTICE OF TRIAL

But you did receive the notice of trial, so how can you say that you didn't? Even if you actually didn't receive the notice, that is not grounds to have the charges stayed. That would just mean you would be convicted in abstentia for not showing up but you would have cause to have the case reopened so you could attend and have a trail.
by Simon Borys
Sat Jul 16, 2011 3:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 3 part whammy
Replies: 2
Views: 1686

Re: 3 part whammy

Of course you can fight the speeding ticket, but I wouldn't expect much of a break from the prosecutor considering the circumstances of your case and the breaks you already got for the reduction and not being charged with the other tickets. For those reasons I would not be surprised if they didn't drop the insurance ticket either.

Also be aware ...
by Simon Borys
Fri Jul 15, 2011 9:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 126 in a 90 - best option?
Replies: 6
Views: 2887

Re: 126 in a 90 - best option?

The presence of the office at a resolution meeting? They don't normally attend those. If you meant at the trial, then that depends on whether you intend on challenging the officers evidence if it does go to trial.
by Simon Borys
Thu Jul 14, 2011 4:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 83km in a 60km
Replies: 8
Views: 2549

Re: 83km in a 60km

23 over in most cases will be reduced by the prosecutor to 15 over if you just ask. In my experience most prosecutors will often automatically offer a 10 km reduction and anything further than that you'd have to negotiate on - you're only seeking an 8 km reduction so that should be possible. But of course this depends on your record, any ...
by Simon Borys
Thu Jul 14, 2011 4:55 pm
Forum: Failing to yield the right-of-way
Topic: Charged with HTA 136(1)(b)
Replies: 6
Views: 5871

Re: Charged with HTA 136(1)(b)

s. 34 of the POA gives the court the jurisdiction to amend things like spelling mistakes, incorrect numbers, addresses, etc. It's not meant to give them the ability to change the charge on you. That would violate your right under s. 7 of the Charter to make full answer and defence.
by Simon Borys
Thu Jul 14, 2011 2:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 83km in a 60km
Replies: 8
Views: 2549

Re: 83km in a 60km

There's not really any way for you to challenge the officer's decision not to use his discretion to reduce your ticket. Use of discretion in charging is, as the word indicates, completely at the officer's discretion, subject to any improper use of discretion for reasons such as racial profiling. If you want to raise that issue or some other ...
by Simon Borys
Thu Jul 14, 2011 2:06 pm
Forum: Improper right turn
Topic: Officer filled out the ticket incorrectly!?
Replies: 1
Views: 3559

Re: Officer filled out the ticket incorrectly!?

Incorrect location is probably not going to be considered a fatal error. If you raise it the prosecutor will probably ask for it to be amended to the correct location and it's not really material to the charge since when you are arraigned the charge wording will only say that you are charged with committing the offence of unsafe turn on x date in ...
by Simon Borys
Thu Jul 14, 2011 12:15 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 126 in a 90 - best option?
Replies: 6
Views: 2887

Re: 126 in a 90 - best option?

You should be able to request disclosure and have a resolution meeting with the crown after you get it. If you're looking for a reduction from 36 over to 16-29 over I'd say that is probably doable, at least in my experience - 29 over being much more doable than 16 over. Also, you are unlikely to get a further reduction on the fine amount in ...
by Simon Borys
Thu Jul 14, 2011 12:06 am
Forum: Courts and Procedure
Topic: Sign/License Charges
Replies: 35
Views: 8960

Re: Sign/License Charges

According to this case,
http://www.canlii.org/en/on/oncj/doc/2009/2009oncj150/2009oncj150.html ,
you can make the motion at the trial without providing notice.

This case, R v Vellone, is currently under appeal by the crown at the Ontario Court of Appeal. It has not been heard yet. If you're going to use it you might want to make sure it's hasn ...
by Simon Borys
Thu Jul 14, 2011 12:03 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 141 in a 100 zone
Replies: 2
Views: 2307

Re: 141 in a 100 zone

For someone to get you no points and a $60 fine on a 41 over they'd have to get it reduced to 15 over. In my opinion that's almost inconceivable, even if you have a clean record.

Also, no one has the ability to deal away the points, they accord with whatever speed your are convicted of. Read this here: http://simonborys.wordpress.com/2011/06/28 ...