Search found 1065 matches

by Simon Borys
Wed Jan 05, 2011 11:42 am
Forum: Careless Driving
Topic: careless driving charge
Replies: 1
Views: 2374

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: 12179

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: 6960

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: 7183

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: 6960

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: 12179

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: 3014

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: 6994

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: 2312

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: 1777

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: 38248

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: 38248

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: 7378

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: 6994

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: 6994

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 ...
by Simon Borys
Fri Dec 31, 2010 12:15 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail to Stop 144(18)
Replies: 1
Views: 1983

Re: Red Light - Fail to Stop 144(18)

When police do a blitz it doesn't mean that they start making up charges where no offence was committed (I'm not say that you're alleging this, I'm just pointing it out), but what it does mean is that they adopt a zero tolerance policy for infractions which, in the case of stop signs, means that nearly everybody who goes through could properly be ...
by Simon Borys
Fri Dec 31, 2010 12:04 pm
Forum: General Talk
Topic: Charged with wrong offence: HTA 62(11) instead of HTA 62(19)
Replies: 7
Views: 6428

Re: Charged with wrong offence: HTA 62(11) instead of HTA 62


Simon, can you not object before the charge is read?
Ie: They call the person up and the person objects.(wrong charge,city,date,#'s etc)

I have done this at least 3 times but they were 10 or more years ago.
Each time the charge was dropped.

If you wait too long in the reading (of the charge) the crown can amend it.


I can't say how things ...
by Simon Borys
Thu Dec 30, 2010 9:53 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 69 in a 40: Question about Sign Regulations
Replies: 8
Views: 3557

Re: 69 in a 40: Question about Sign Regulations

Yes, I'm sure I've joined the right forum...a forum where I try to share with others the benefit of my experience. Right now my experience is telling me that speeding is an absolute liability offence and therefore you will not be permitted to try to enter a defence of any kind at a trial, including one related to the adequacy or inadequacy of the ...
by Simon Borys
Thu Dec 30, 2010 9:49 am
Forum: General Talk
Topic: What's up with motorized vehicles that are not licenced??
Replies: 15
Views: 18173

Re: What's up with motorized vehicles that are not licenced?

I think that the pickup or ATV with the snow plow doesn't count as a "snow plow" because it's first and foremost a pickup or an ATV and thus should be licenced like that. Backhoes or whatnot are simply what they are, and I don't think it matters if it's being used in a professional or amateur capacity, since these vehicles are not really anything ...
by Simon Borys
Wed Dec 29, 2010 5:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 69 in a 40: Question about Sign Regulations
Replies: 8
Views: 3557

Re: 69 in a 40: Question about Sign Regulations

Visibility of the sign or awareness of the speed zone is essentially irrelevant as speeding is an absolute liability offence.
by Simon Borys
Wed Dec 29, 2010 5:24 pm
Forum: General Talk
Topic: What's up with motorized vehicles that are not licenced??
Replies: 15
Views: 18173

Re: What's up with motorized vehicles that are not licenced?

An ATV with a snow plow attached to the front doesn't become any more of a "snow plow vehicle" for the purpose of the HTA than does a pickup truck with a plow on the front. You would drive your pickup truck on the road uninsured and unplated just because it has a plow on it, would you? "Snow plow" in the HTA is meant to refer to those purpose build ...
by Simon Borys
Mon Dec 27, 2010 11:58 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop at a red light
Replies: 1
Views: 2825

Re: Failure to stop at a red light

I was in guelph and driving around the town. The light was red and I needed to turn right, so i slowed down a little bit and saw that there were no oncoming cars and turned. I was pulled over and the cop said that i didnt stop at the red light before i turned right and didnt even slow down. (I am not sure if I slowed down or not but i am pretty ...
by Simon Borys
Mon Dec 27, 2010 11:53 pm
Forum: General Talk
Topic: no currently validated permit
Replies: 2
Views: 2783

Re: no currently validated permit

My questions are: is it a valid ticket if given in my driveway on my own property and what about the officer giving the wrong location on the second ticket? Your driveway is not a highway as defined by the HTA, therefore you are not required to have your validation sticker up to date while in your driveway. Location can be amended on the ...
by Simon Borys
Sun Dec 26, 2010 1:33 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Risk in fighting an already reduced speeding ticket
Replies: 3
Views: 7386

Re: Risk in fighting an already reduced speeding ticket

Yes, if you were to fight it it could go back up to the original 37 over, which is 1 more point, but also more money. The fine for the same speed in a non-construction zone is less money.
by Simon Borys
Thu Dec 23, 2010 9:09 am
Forum: Courts and Procedure
Topic: Grounds for Appeal?
Replies: 3
Views: 2641

Re: Grounds for Appeal?

So what you're saying is that the officer was there moments before your trial but stepped out of the court room and you're not sure where exactly he was when your case was up? I don't think that's grounds for an appeal. The officer doesn't have to be present in the court room. He only has to be available to give evidence and because he was there it ...
by Simon Borys
Thu Dec 23, 2010 9:01 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Risk in fighting an already reduced speeding ticket
Replies: 3
Views: 7386

Re: Risk in fighting an already reduced speeding ticket

Not sure what to do. This is my first ticket. Accused of going 97 in a 60 but it was also a construction zone. Officer reduced it to 89 in a 60 as he said otherwise I would need to go straight to court (?). More than 30 over in a construction zone has no set fine - straight to court. So it sounds pretty serious but he said nothing about dermit ...
by Simon Borys
Sun Dec 19, 2010 12:54 am
Forum: General Talk
Topic: Should driver licence number be exchanged at small accidents
Replies: 2
Views: 1739

Re: Should driver licence number be exchanged at small accid

You have different obligations under different sections and acts. I'll give more info than you asked for in an effort to be thorough.

Under the Compulsory Automobile Insurance Act s. 4(1), you are obliged to disclose the particulars of your insurance in ANY collision that you are directly or indirectly involved in, on request of any person ...
by Simon Borys
Sun Dec 19, 2010 12:37 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 8 Situations?
Replies: 3
Views: 1617

Re: 8 Situations?

Never heard of such a list during any of my training...
by Simon Borys
Fri Dec 17, 2010 11:03 am
Forum: General Talk
Topic: Right to search - hand-held wireless communication device
Replies: 3
Views: 3074

Re: Right to search - hand-held wireless communication devic

Agreed, the evidence isn't "out of sight" now that it's in the glove box, the evidence is the officer's observations at the time the offence was committed. That's what the court will rely on, regardless of whether a phone was actually observed still in the drivers hands after the vehicle was stopped.