Search found 1065 matches

by Simon Borys
Wed Jan 05, 2011 11:42 am
Forum: Careless Driving
Topic: careless driving charge
Replies: 1
Views: 2242

Re: careless driving charge

Police never "have to" charge unless it's murder or assault causing bodily harm...or any domestic related charge. What he means is, he doesn't want to go to an accident without giving a ticket, and fair enough. Most accidents are, at least in part, preventable and police often feel that if a collision occurred, someone should be getting a ticket ...
by Simon Borys
Tue Jan 04, 2011 3:26 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: 9897

Re: Disobey Sign Fail to stop at Pemberton Ave and Kenneth A

the ticket/offence notice is the "official" document referred to in court for the offence. The trial notice is simply that, notifying you of the court date.

And since the trial notice isn't the charging document, it doesn't need to be amended. It doesn't even apply except to notify you of the court date.

With respect to how to object to the ...
by Simon Borys
Tue Jan 04, 2011 3:21 pm
Forum: General Talk
Topic: Parking Lot fender bender - my obligations?
Replies: 11
Views: 6747

Re: Parking Lot fender bender - my obligations?

It's usually never a bad idea to report to the police and if they ask why the delay in reporting, you can answer, truthfully, that you didn't report initially because you didn't think it was over $1000, but you're reporting now because you've been advised by the owner of the other vehicle that it appears it may be.
by Simon Borys
Tue Jan 04, 2011 1:42 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop; Amber light 144 (15)
Replies: 9
Views: 6947

Re: Fail to Stop; Amber light 144 (15)

Basically it comes down to the officer's observation that there was "reasonable time" and your version, that there was not. If you take it to trial the prosecutor will have to draw out some more details from the officer's evidence than his opinion that you had reasonable time. Usually this involves things like distance from the stop line when the ...
by Simon Borys
Tue Jan 04, 2011 1:34 pm
Forum: General Talk
Topic: Parking Lot fender bender - my obligations?
Replies: 11
Views: 6747

Re: Parking Lot fender bender - my obligations?

Is your question about your obligations to report to insurance, report to police, provide info to them, or to pay?
by Simon Borys
Tue Jan 04, 2011 1:31 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: 9897

Re: Disobey Sign Fail to stop at Pemberton Ave and Kenneth A

1) It usually seems to depend on whether the errors have prejudiced your ability to make a defence. If you can show that they have, you have a better chance of having the charges dropped or preventing the prosecutor from making amendments. Be aware though that the "charging documents" are usually the ticket/summons and/or information, not ...
by Simon Borys
Sun Jan 02, 2011 8:53 pm
Forum: Red Light Camera Ticket
Topic: Question about Red light cameras and possible ticket error
Replies: 2
Views: 2853

Re: Question about Red light cameras and possible ticket err

I think the location is something that the prosecutor would be able to amend.
by Simon Borys
Sun Jan 02, 2011 4:58 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: did 171km/h in 100 zone on QEW please help.
Replies: 13
Views: 6657

Re: did 171km/h in 100 zone on QEW please help.

Quite right, I mistyped the reg and it is, more precisely, stunt driving, not racing.
by Simon Borys
Sun Jan 02, 2011 4:56 pm
Forum: Stunt Driving
Topic: 116km in a 50 zone
Replies: 2
Views: 2155

Re: 116km in a 50 zone

Mixed up birthday is not automatically a fatal error, just FYI.
by Simon Borys
Sun Jan 02, 2011 4:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Charged with wrong offence
Replies: 1
Views: 1587

Re: Charged with wrong offence

It may. It depends on the JP and the arguments made by you and by the prosecutor at trial. There is no absolute rule on this.
by Simon Borys
Sun Jan 02, 2011 4:54 pm
Forum: General Talk
Topic: Driving with expired plates
Replies: 4
Views: 37738

Re: Driving with expired plates

The fine for expired plates is $110. I don't think it matters if your birthday is at the beginning of the month or any other specific date, I think it matters more how long your plates have been expired for.
by Simon Borys
Sat Jan 01, 2011 4:12 pm
Forum: General Talk
Topic: Driving with expired plates
Replies: 4
Views: 37738

Re: Driving with expired plates

There is no authority, per se, for police to tow for expired plates. However, they could just sit there and wait for you to try to drive off after getting your ticket and then stop you 5 ft later and give you another one for still driving with expired plates, effectively forcing you to have it towed off the road, but that's not really done in ...
by Simon Borys
Sat Jan 01, 2011 4:09 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 6780

Re: Am Devastated with Speeding Charge

I agree with all of that. While it might not be philosophically proper to "punish" people who want to take advantage of their right to see the evidence against them, it happens all the time. It's just one of those realities you have to deal with.
by Simon Borys
Sat Jan 01, 2011 4:07 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: did 171km/h in 100 zone on QEW please help.
Replies: 13
Views: 6657

Re: did 171km/h in 100 zone on QEW please help.


i didn't intent to speed or race at all, i was trying to pass two dangerous trucks ahead of me, how likely am i to get convicted of stunt racing if i explain my case.
Intent is not required to be proven in a case of stunt driving. It is sufficient for a conviction that you actually drove more than 50 km over the limit. By definition (O/Reg 555 ...
by Simon Borys
Sat Jan 01, 2011 3:40 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: did 171km/h in 100 zone on QEW please help.
Replies: 13
Views: 6657

Re: regarding stunt driving

If the vehicle is being seized (impounded) the police chose the company. To avoid favouritism, there is usually a bunch of companies that form a towing association and when an officer request a "secure tow" (for a seizure) the dispatcher just calls the next company from the association on the list.

If the police have, for example, seized your ...