Search found 1065 matches

by Simon Borys
Wed May 18, 2011 10:07 pm
Forum: General Talk
Topic: Anyone had a ticket reverted to the original speed?
Replies: 4
Views: 1804

Re: Anyone had a ticket reverted to the original speed?

In the jurisdiction I used to work in the prosecutor asked for it in literally every case of reduced speeding that went to trail. It is not a scare tactic. Reason being that if they're going to have the trial anyway, they're going to have it at the original speed since it's no more work for them.
by Simon Borys
Tue May 17, 2011 10:14 pm
Forum: General Talk
Topic: HTA 75(1) enforcement
Replies: 15
Views: 10976

Re: HTA 75(1) enforcement

With respect to noise, I agree that the best way is to measure the noise and compare it to a legal decibel limit. However this requires specialized equipment not readily available to all law enforcement officers. Therefore, police must articulate HOW the noise was excessive. This is really no different than articulating anything else in relation to ...
by Simon Borys
Tue May 17, 2011 6:30 pm
Forum: General Talk
Topic: HTA 75(1) enforcement
Replies: 15
Views: 10976

Re: HTA 75(1) enforcement

There is a form that officers can use (a Vehicle Defect Report Notice) to compel people to attend at a designated time and place for a detailed inspection by an officer or to attend a mechanics for a full safety, but that still doesn't address the issue of an improper muffler unless the person doing the inspection knows that they're looking for ...
by Simon Borys
Tue May 17, 2011 6:00 pm
Forum: General Talk
Topic: HTA 75(1) enforcement
Replies: 15
Views: 10976

Re: HTA 75(1) enforcement

The answer is because most officers (at least in my experience) don't know how to properly inspect a bike's muffler to determine if it is improper and they need to do something more than just say it was loud in order to get a conviction for improper muffler.

Even for unnecessary noise, something more that just "loud" is usually needed because the ...
by Simon Borys
Tue May 17, 2011 5:55 pm
Forum: Careless Driving
Topic: Careless Driving Ticket (No Accident, No Witnesses) 5/15/11
Replies: 8
Views: 3242

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

I wouldn't say it COULDN'T be careless driving, but perhaps something like fail to yield would be more appropriate. Remember, the definition of careless driving is just "without due care and attention" or "without reasonable consideration for other people on the road". That's pretty broad and it could be argued that what happened here meets one of ...
by Simon Borys
Tue May 17, 2011 11:06 am
Forum: Courts and Procedure
Topic: Can I fight for the ticket?
Replies: 8
Views: 3334

Re: Can I fight for the ticket?

No one can advise you whether your insurance will go up. It's always a case by case basis. Also, I wouldn't recommend saying anything that's not true regarding why you were in the lane. If you actually thought it was ending that's one thing, but if you were just impatient don't say you thought it was ending.
by Simon Borys
Tue May 17, 2011 12:02 am
Forum: Courts and Procedure
Topic: Can I fight for the ticket?
Replies: 8
Views: 3334

Re: Can I fight for the ticket?

I'd never say that there's NO chance, but the facts of this case sound pretty simple: you were in the HOV lane when you shouldn't have been. If the officer can establish this, there will probably be a conviction, unless there is something else you can say in your defence.
by Simon Borys
Mon May 16, 2011 11:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Picking up daughter from school, charged with fail to stop
Replies: 1
Views: 1713

Re: Picking up daughter from school, charged with fail to st

The error involving the direction of travel is not fatal. With respect to your defence, the trick will be convincing the JP that the view that you claim to have had when you went to the place the officer was (the view you took pictures of) is the view the officer had. If he was in a slightly different position or at a slightly different angle, he ...
by Simon Borys
Mon May 16, 2011 11:40 pm
Forum: Driving While Suspended
Topic: Procedure for meeting with the crown attorney
Replies: 1
Views: 1827

Re: Procedure for meeting with the crown attorney

Call the court house and ask for a date for a resolution meeting.
by Simon Borys
Mon May 16, 2011 11:38 pm
Forum: Improper right turn
Topic: is this still valid if its a lane change first?
Replies: 1
Views: 2407

Re: is this still valid if its a lane change first?

The facts to support the unsafe lane change seem clear, but I can't tell from your post what are the facts that are alleged to support the improper turn. You may want to request disclosure to see what evidence the officer has in support of the improper turn charge.
by Simon Borys
Mon May 16, 2011 11:35 pm
Forum: Careless Driving
Topic: Rear Ending on HWY427
Replies: 3
Views: 1997

Re: Rear Ending on HWY427

The speed does not sound critical to a conviction, it is more about your actual driving and the fact that you took the eyes off the road.
by Simon Borys
Mon May 16, 2011 11:33 pm
Forum: General Talk
Topic: Un-secure load..Chunk of something breaks off flatbed
Replies: 2
Views: 1829

Re: Un-secure load..Chunk of something breaks off flatbed

I agree, the damage to your vehicle is completely a matter for insurance companies and/or a civil law suit. Fault under the HTA is not determinative of fault for insurance or a civil suit, but they can coincide.
by Simon Borys
Mon May 16, 2011 11:28 pm
Forum: General Talk
Topic: forcing fatal error
Replies: 9
Views: 3311

Re: forcing fatal error

i guess for whatever reason he isn't allowed to point out the specific error

A judge or JP must remain from real or percevied bias. It would be as much a bias towards the crown if he helped you out as it would be to you if he gave answers to the crown. They are supposed to be a neutral arbiter, but it's nice to hear that they were able to help ...
by Simon Borys
Mon May 16, 2011 11:21 pm
Forum: Careless Driving
Topic: careless driving ticket
Replies: 1
Views: 2534

Re: careless driving ticket

I would suggest that no signature on the ticket is a fatal error. The ticket should be quashed on that basis.
by Simon Borys
Mon May 16, 2011 11:16 pm
Forum: Failing to stop for a school bus
Topic: passed a flashing school bus stupid mistake
Replies: 7
Views: 9814

Re: passed a flashing school bus stupid mistake

In terms of limitation periods, a school bus ticket must be issued to the owner within 23 days of the offence (O/Reg 468/05 s. 1(1)). A driver, if identified, must be issued a Part 1 ticket within 30 days of the offence (POA s. 3(3)) and a Part 3 summons within 6 months (POA s. 76(1)).