Search found 1065 matches

by Simon Borys
Tue Jul 12, 2011 10:44 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 159km/h in 100 zone
Replies: 5
Views: 4478

Re: 159km/h in 100 zone

In my experience a reduction to 49 over is pretty good, but that's still a pretty severe conviction. However, unless there are some problems with the prosecutor's case or some good triable issues, I dont think they are likely to reduce further.
by Simon Borys
Tue Jul 12, 2011 10:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Prosecutor's Motion to Adjourn original Trial Date
Replies: 8
Views: 3737

Re: failure to provide disclosure material -- trial tomorrow

You're probably not at a long enough delay to request a stay for a s. 11(b) and you're also nt likely to get a stay for a s. 7 violation for lack of disclosure since the prosecution has agreed to provide it to you - they just haven't yet. Hence, an adjournment may be the likely outcome. If you do request one it would probably be a good idea to make ...
by Simon Borys
Tue Jul 12, 2011 10:31 pm
Forum: Driving While Suspended
Topic: suspended due to unpaid fine - court date in a few days
Replies: 11
Views: 4409

Re: How to discuss a plea bargain (how to approach prosecuto

In most jurisdictions you would just see them in the morning before court starts. They usually make an announcement for people to come see them.
by Simon Borys
Tue Jul 12, 2011 10:28 pm
Forum: Careless Driving
Topic: Careless Driving Ticket (No Accident, No Witnesses) 5/15/11
Replies: 8
Views: 3409

Re: Careless Driving Ticket (No Accident, No Witnesses) 5/15

I undertand what you're saying but there is no right to a resolution meeting. It's just something they do to make the process more efficient. I suspect you will still have the same opportunity the morning of.

I don't really think you have much other recourse here.
by Simon Borys
Tue Jul 12, 2011 10:07 pm
Forum: General Talk
Topic: Ticket - Driving Using Handheld device
Replies: 8
Views: 3690

Re: Ticket - Driving Using Handheld device

Ferrari321 wrote:Thanks for the heads up. Any weight in showing that because the officer had bad judgement in copying the address that he could've also had bad judgement in writing the ticket?
That's even less likely to succeed than using it to discredit the officer, in my opnion.
by Simon Borys
Tue Jul 12, 2011 10:02 am
Forum: General Talk
Topic: Ticket - Driving Using Handheld device
Replies: 8
Views: 3690

Re: Ticket - Driving Using Handheld device

An incorrect address should not prima facia invalidate the ticket. You can attempt to use the officer's error with respect to the address to say that he may also be in error about the handheld device but Justices of the Peace usually aren't sympathetic to that positiion in my experience.
by Simon Borys
Tue Jul 12, 2011 9:35 am
Forum: Careless Driving
Topic: Careless driving ticket for obstructing a cop's pursuit
Replies: 14
Views: 4453

Re: Careless driving ticket for obstructing a cop's pursuit

You'll have to write to the prosecutor's office to request disclosure after you select option 3. Ask at the courthouse where to send the request.
by Simon Borys
Tue Jul 12, 2011 12:48 am
Forum: Driver failing to wear a seat belt
Topic: Ticketed despite wearing a seat belt
Replies: 2
Views: 4095

Re: Ticketed despite wearing a seat belt

What you are saying happened is not a "defence", it's your version of the facts. You can present that the the Justice of the Peace at a trail and the officer can present theirs. It is then up to the JP to decide whether your story raises reasonable doubt. If they disbelieve you then a conviction will likely follow.
by Simon Borys
Tue Jul 12, 2011 12:45 am
Forum: Careless Driving
Topic: Careless driving ticket for obstructing a cop's pursuit
Replies: 14
Views: 4453

Re: Careless driving ticket for obstructing a cop's pursuit

This sounds like a good scenario to request disclosure and see what evidence the officer has. Once you obtain this it would probably be a good idea to consult with a lawyer or paralegal given the severity of a careless driving conviction and the complexity of careless law.
by Simon Borys
Tue Jul 12, 2011 12:40 am
Forum: General Talk
Topic: Speeding ticket, no demerit points
Replies: 1
Views: 2035

Re: Speeding ticket, no demerit points

It will show if you are convicted - regardless of whether that conviction comes by way of a plea or a finding of guilt after a trial.
by Simon Borys
Tue Jul 12, 2011 12:39 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 82 in a 60 - While riding in a group of motorcycles
Replies: 3
Views: 1936

Re: 82 in a 60 - While riding in a group of motorcycles

Prosecutors will often still entertain plea deals when the feel they would likely win because a plea saves them the hassle of the trial and gives certainty in a conviction. Sometimes people plea a speeding charge down to disobey sign (the speed limit sign). I doubt that they will withdraw the ticket and allow you to make a charitable donation.
by Simon Borys
Thu Jul 07, 2011 11:16 am
Forum: General Talk
Topic: Use of Headlights
Replies: 4
Views: 3600

Re: Use of Headlights

by Simon Borys
Wed Jul 06, 2011 2:52 pm
Forum: Improper passing
Topic: Improper Passing or Careless Driving?
Replies: 16
Views: 17840

Re: Improper Passing or Careless Driving?

It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a ...
by Simon Borys
Tue Jul 05, 2011 9:42 pm
Forum: Compulsory Automobile Insurance Act
Topic: Insurance Question
Replies: 3
Views: 2505

Re: Insurance Question

I think insurance companies are usually just concerned with your last 3 calendar years of drivng history. They do also favourably consider all of your continuous years of insured driving because those years, if collision free, also form part of your driving history for them, but i dont think that necessarily means they look negatively on uninsured ...
by Simon Borys
Thu Jun 30, 2011 7:38 pm
Forum: General Talk
Topic: Help - first time offence - called to court
Replies: 2
Views: 1686

Re: Help - first time offence - called to court

It is true that you shouldn't be able to be properly convicted of a novice driver offence if you in fact had no licence. Guiltywith an explation may not be the option you want if you plan on disputing 1 of the 3 charges. You might have better luck requesting a trial and then speaking with the prosecutor in advance at a resolution meeting. They ...
by Simon Borys
Thu Jun 30, 2011 8:27 am
Forum: Courts and Procedure
Topic: Sign/License Charges
Replies: 35
Views: 11264

Re: Sign/License Charges

You mean the cross examination? That's more an art than a science and how it goes depends largely on how the prosecutor's examination n chief goes so im not really sure what i can say by way of general advice.
by Simon Borys
Wed Jun 29, 2011 11:03 pm
Forum: Courts and Procedure
Topic: Sign/License Charges
Replies: 35
Views: 11264

Re: Sign/License Charges

Good question...not sure, I think just calendar days.
by Simon Borys
Wed Jun 29, 2011 5:30 pm
Forum: Courts and Procedure
Topic: Sign/License Charges
Replies: 35
Views: 11264

Re: Sign/License Charges

Rules of Criminal Procedure say 15 days minimum.
by Simon Borys
Wed Jun 29, 2011 10:44 am
Forum: Courts and Procedure
Topic: Sign/License Charges
Replies: 35
Views: 11264

Re: Sign/License Charges

I can't tell from your post if you're aware of this or not, but if your case gets adjourned you are not arraigned on that date. It's only if your adjournment is denied that they proceed with arraignment and you have to enter a plea.

With respect to your oral arguments for a stay based on insufficient disclosure (a s. 7 argument) and unreasonable ...
by Simon Borys
Wed Jun 29, 2011 10:38 am
Forum: General Talk
Topic: E-Bikes and the HTA
Replies: 30
Views: 15334

Re: E-Bikes and the HTA

AlienAlien117 wrote:My E-Bike was towed and impounded for seven days
What for?
by Simon Borys
Tue Jun 28, 2011 10:41 pm
Forum: General Talk
Topic: Emergency vehicles
Replies: 15
Views: 9177

Re: Emergency vehicles

In response to Viper: The staging could have been because someone up ahead was going to do a high risk takedown or something like that...who knows. You're correct response whenever an emergency vehicle is approaching is to move to the right, hence the reason why it's so dangerous to pass on the right. I would know what else to suggest you could do ...
by Simon Borys
Tue Jun 28, 2011 9:45 pm
Forum: General Talk
Topic: Emergency vehicles
Replies: 15
Views: 9177

Re: Emergency vehicles

Passing on the right is VERY dangerous. They teach you at police college never to do it, but they hardly need to say that for obvious reasons: everybody is taught to move over to the right for emergency vehicles. That being said, my opinion is that the only thing likely to make officers drive that fast and dangerously (unthinkingly perhaps?) is ...
by Simon Borys
Tue Jun 28, 2011 6:26 pm
Forum: General Talk
Topic: All About Demerit Points
Replies: 0
Views: 2538

All About Demerit Points

I've answered more than a few questions about demerit points on this forum and during my time as a police officer, so I decided to write an article about it, which can be found here: http://simonborys.wordpress.com/2011/06/28/demerit-points-in-ontario/

I hope that if people search this board for "demerit points" they read the article before asking ...
by Simon Borys
Tue Jun 28, 2011 4:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Tickets and filing 11b
Replies: 6
Views: 2548

Re: Tickets and filing 11b

Depends whether you feel it's worth it to put the time/money into it.
by Simon Borys
Mon Jun 27, 2011 11:15 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Tickets and filing 11b
Replies: 6
Views: 2548

Re: Tickets and filing 11b

Ok, my understanding from what you wrote was that you requested an adjournment because you didnt have all the documents the officer wanted to see before recommending that certain charges be dropped. That would be on you. If the record reflects that it was because of outstanding disclosure thats a different story, but you didnt mention anything ...
by Simon Borys
Mon Jun 27, 2011 8:21 pm
Forum: Courts and Procedure
Topic: Court date set - how to proceed
Replies: 3
Views: 2298

Re: Court date set - how to proceed

Don't be surprised if you don't actually get anything on that list. And with respect to the radar manual specifically, it's unusual to get more than 1 or a couple pages.
by Simon Borys
Mon Jun 27, 2011 8:19 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Tickets and filing 11b
Replies: 6
Views: 2548

Re: Tickets and filing 11b

First, the officer has no authority to have the tickets dropped once he submits the tickets to court. He can make recommendations to the prosecutor, but ultimately it is not his call as to what happens, so don't rely on his word that they anything will be dropped. Also, I would be surprised if they would drop 8 out of 9 charges and just leave you ...
by Simon Borys
Mon Jun 27, 2011 8:12 pm
Forum: Driving While Suspended
Topic: Information for suspended drivers
Replies: 5
Views: 5740

Re: Information for suspended drivers

Also, it is an offence to drive in Ontario on a licence from another jurisdiction while your Ontario licence is suspended. It is also an offence to obtain a second Ontario licence if you already have one.
by Simon Borys
Mon Jun 27, 2011 8:10 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 135km/h in a 90 zone - What should I do?
Replies: 2
Views: 1839

Re: 135km/h in a 90 zone - What should I do?

Normally when it the defendant agrees that they were speeding but disputes the amount (i.e. I was going 110 but not 135), the court prefers the officer's evidence of you speed, obtained with instruments specifically designed for that purpose over your evidence of "I just don't think I was going that fast." Just something to be mindful of...

Also ...
by Simon Borys
Sat Jun 25, 2011 11:49 pm
Forum: Driving While Suspended
Topic: Odds of getting driving under suspension cleared
Replies: 8
Views: 3239

Re: Odds of getting driving under suspension cleared

No one except your insurance company can give you an idea of who a particular ticket will affect your insurance since it depends on too many unknown factors. Anyone who says otherwise is either lying or just guessing.