Search found 1065 matches

by Simon Borys
Thu Dec 16, 2010 5:31 pm
Forum: Courts and Procedure
Topic: New Case Law - Game Changer - Speeding
Replies: 7
Views: 5497

Re: New Case Law - Game Changer - Speeding

Does anyone have the name of the case and what court it is out of?
by Simon Borys
Wed Dec 15, 2010 9:31 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Help 3 questions :)
Replies: 3
Views: 1861

Re: Help 3 questions :)


1. My insurance guy said if I get a ticket my insurance will DOUBLE (it is already 210 a month) When I'm fighting these in court what should I do? That's what this whole site is about, the answers are here, but they depend on what your intention is I've herd that it could be droped to an infraction or something like that but when you apply for ...
by Simon Borys
Mon Dec 13, 2010 1:47 pm
Forum: General Talk
Topic: Charged with wrong offence: HTA 62(11) instead of HTA 62(19)
Replies: 7
Views: 6140

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


1. What are the chances of getting this dropped by a JoP based on the incorrect offense?
2. Is HTA 62(19) a significantly higher fine and the cop was "helping me out"?
3. I also blew a .50: a 3-day suspension. I know it's stupid and I'm not here to debate or defend that I was in the wrong, because I know I was. Does this have any bearing on the ...
by Simon Borys
Mon Dec 13, 2010 1:41 pm
Forum: Careless Driving
Topic: Is this charge too heavy for me?
Replies: 10
Views: 5292

Re: Is this charge too heavy for me?

Well, I'm sure then that your uncle will tell you that following the speed limit does not mean you can not be guilty of careless, nor does wearing your seatbelt. You were ticketed for careless for one of 2 reasons: either the officer felt you were guilty of careless driving or they didn't know what other charge to lay but felt you needed to be ...
by Simon Borys
Fri Nov 26, 2010 10:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - 120km/h in a posted 100km/h zone - no radar...
Replies: 12
Views: 6838

Re: Speeding - 120km/h in a posted 100km/h zone - no radar..

paradigm wrote:can he use his speedometer to register a valid speeding ticket for me?
Yes, it's called pacing. Police vehicle speedometers are calibrated so it's accepted in court.
by Simon Borys
Wed Nov 24, 2010 7:37 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 100 in a 60 - please help!!
Replies: 2
Views: 1859

Re: 100 in a 60 - please help!!

The answers to your questions are all over this forum in other threads.

I would point out though that a speeding ticket for someone applying to policing is not a big deal. Especially if he can say that he just made a mistake and it's not a pattern of behaviour. Police departments don't expect (and don't get) perfect candidates.
by Simon Borys
Mon Nov 22, 2010 11:43 am
Forum: General Talk
Topic: Conviction HTA 32-9 with G-2 Licence
Replies: 11
Views: 5073

Re: 32-9 Clarification Question

The MTO may suspend a licence for novice violations. I do not know if that is what happened here. It may have been a suspension for the 32(9) violation, which they are entitled to do, though 7 months does seem harsh. It also seems possible that the suspension was automatic upon conviction for BAC above 0 conviction and then when that conviction was ...
by Simon Borys
Tue Nov 16, 2010 2:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 22 km over (72 in 50 zone)
Replies: 27
Views: 6593

Re: Trial this week, no disclosure sent.

If you requested disclosure and the crown has had ample time to produce it and doesn't and the trial dates comes, you should be able to request an adjournment. The delay between that date and the next one counts against the crown for an 11(b) motion.
by Simon Borys
Thu Nov 11, 2010 10:04 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: FAILURE TO APPLY BECOMING OWNER?NO INSURANCE
Replies: 3
Views: 4297

Re: FAILURE TO APPLY BECOMING OWNER?NO INSURANCE

Fail to Apply for Permit on Becoming Owner under s. 11(2) is $85/110
by Simon Borys
Thu Nov 11, 2010 10:02 am
Forum: Courts and Procedure
Topic: Sufficient disclosure period?
Replies: 1
Views: 1362

Re: Sufficient disclosure period?

I do not believe there is any minimum time...it just has to be "reasonable". If you feel it is not, then your remedy is to request an adjournment to give you opportunity to review the disclosure.
by Simon Borys
Thu Nov 11, 2010 10:01 am
Forum: Driving While Suspended
Topic: Need some advice for my husband
Replies: 1
Views: 1491

Re: Need some advice for my husband

You should clarify whether this is a warrant in the 1st instance, in which case he has a court date to appear at, or if this is a warrant of committal as punishment for driving suspended. If the latter, there is no court date, you go straight to jail. In either case, I think it would be a good idea to consult a lawyer.
by Simon Borys
Mon Nov 08, 2010 10:42 pm
Forum: General Talk
Topic: Muffler offence
Replies: 2
Views: 2001

Re: Muffler offence

Depends on your jurisdiction. Usually it involves you sending a request by fax or mail to the court house asking for all documents in their possession related to their case against you, or something to that effect.
by Simon Borys
Mon Nov 08, 2010 10:41 pm
Forum: General Talk
Topic: seize your car for 7 days..Watch out suspended drivers.
Replies: 4
Views: 2507

Re: seize your car for 7 days..Watch out suspended drivers.

I'd just like to point out that this isn't really much of a change. Police have always had the authority under s. 217(4) of the HTA to seize and impound a vehicle indefinitely , until a judge orders it released or the proceedings related to it in court are complete, for any offence where an arrest is made in relation to the vehicle. That includes ...
by Simon Borys
Sun Nov 07, 2010 5:41 pm
Forum: Careless Driving
Topic: Careless Driving - Rear ended Another Car
Replies: 1
Views: 2391

Re: Careless Driving - Rear ended Another Car

Case of City of London v. Young and one other one that I've mentioned in previous posts with that one (the name escapes me now) deal specifically with the issue of incorrect set and total payable fines. Search some of my previous posts for the names and links to the cases.