Search found 1065 matches

by Simon Borys
Wed Jan 19, 2011 11:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding excuses
Replies: 13
Views: 4102

Re: Speeding excuses

Speeding (under 50 km/hr over the limit) is an absolute liability offence and therefore you will not be allowed to enter a defence at a trial. Necessity is the only exception. If you were asking what kind of excuse might entice an officer to use his discretion to not charge you at the roadside, I'd also suggest that honesty would go a long way.
by Simon Borys
Wed Jan 19, 2011 11:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign. Fail to stop. - ROAD WAS SLIPPERY! HELP!
Replies: 3
Views: 2420

Re: Disobey stop sign. Fail to stop. - ROAD WAS SLIPPERY! HE

Fail to stop is a strict liability offence, which means that you can use a defence of due dilligence. If successful, it would result in a finding of not guilty.
by Simon Borys
Wed Jan 19, 2011 11:43 pm
Forum: Failing to report a collision to a police officer
Topic: Failure to Report Accident in Underground Parking Lot
Replies: 1
Views: 4849

Re: Failure to Report Accident in Underground Parking Lot

Obviously you can't report an accident you weren't aware of, and that there is your defence. Whether it's believed or not will depend on the fact of the case and how they come out at trial. The rest of you question about liability and payment has to do with your particular insurance policy and you'll have to sort it out with them.
by Simon Borys
Sun Jan 16, 2011 8:01 pm
Forum: General Talk
Topic: How many demerit points?
Replies: 1
Views: 2693

Re: How many demerit points?

2 I believe
by Simon Borys
Sun Jan 16, 2011 7:59 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure details?
Replies: 2
Views: 1759

Re: Disclosure details?

If the lack of disclosure is preventing you from making full answer in defence, then it sounds reasonable.
by Simon Borys
Wed Jan 12, 2011 7:50 pm
Forum: General Talk
Topic: Utility Trailer Plate
Replies: 5
Views: 21240

Re: Utility Trailer Plate

Since the trailer is home made, it has no VIN. Therefore, if the ownership can not be found, the owner of the trailer will need to get it registered at the MTO and get a new ownership and plates.

As to the charge, if the crown is insistent on proceeding, you may be able to use a due diligence offence. Also, I can tell you that in my experience (in ...
by Simon Borys
Sat Jan 08, 2011 10:51 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 10078

Re: Picked UP disclosure for trial..Improper ?

The officer doesn't have to be present for your plea. If he's not there, the crown can and probably will ask for it to be adjourned.
by Simon Borys
Sat Jan 08, 2011 12:39 am
Forum: General Talk
Topic: BAC above Zero
Replies: 15
Views: 6840

Re: BAC above Zero

The machine reads pass, A, or F or shows a BAC #. You can ask for a second sample but if you do, you run the risk of blowing an F. Then the F stands and you're arrested for over 80.
by Simon Borys
Sat Jan 08, 2011 12:36 am
Forum: Improper left turn
Topic: s. 141 - strict or absolute liability offence?
Replies: 4
Views: 3724

Re: s. 141 - strict or absolute liability offence?

What's your question with regards to 141(9) exactly? I'm not sure I understand from your original post.
by Simon Borys
Sat Jan 08, 2011 12:34 am
Forum: Driving While Suspended
Topic: If I pay the fine, will I get my license B4 the court date?
Replies: 2
Views: 1952

Re: If I pay the fine, will I get my license B4 the court da

Answer to your question is yes. You can get your licence back pretty quick if you pay the fines and the reinstatement.
by Simon Borys
Sat Jan 08, 2011 12:32 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Cop Bent The Truth, 20 Over (Reduced Ticket)
Replies: 20
Views: 5388

Re: How Do I Go About Filing For A Disclosure + questions.

For 1 and 2 there are no minimums or standards.
by Simon Borys
Fri Jan 07, 2011 5:03 pm
Forum: Following too closely
Topic: Follow Too Close & Fail to stop
Replies: 8
Views: 4666

Re: Follow too Close Help please

I would think that given the severity of the charges you'd want to hire a paralegal or lawyer to represent you. What jurisdiction did this happen in?
by Simon Borys
Fri Jan 07, 2011 5:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 10078

Re: Picked UP disclosure for trial..Improper ?

Can OP ask JP to quash the case?

Or is a motion also needed for that?

Just asking for it to be quashed is a motion for dismissal. What I was referring to is that they usually want a written submission (factum) prepared on the issue before they grant a motion for dismissal on insufficient disclosure. That's where you get to set out your argument ...
by Simon Borys
Fri Jan 07, 2011 4:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Picked UP disclosure for trial..Improper ?
Replies: 41
Views: 10078

Re: Picked UP disclosure for trial..Improper ?


That may be true if a motion is filed in advance, but when one is asked for in court and the JP decides to give an adjournment (after telling you that you should have given proper notice) he asks the court reporter what his next trial date is, and it is set for that one or the next one if the reporter says, "you have xx cases on that day and ...
by Simon Borys
Fri Jan 07, 2011 4:52 pm
Forum: General Talk
Topic: Hitting a tree on our boulevard
Replies: 3
Views: 1354

Re: Hitting a tree on our boulevard

I can tell you that both he and the owner are obligated under s. 201 of the HTA to report that collision to the police, given the damage to "highway property", of which I believe a tree qualifies. Failure to do so can be result in either him or the owner of the vehicle being charged.

I don't have an opinion on what you should do.