Search found 1065 matches

by Simon Borys
Wed Oct 20, 2010 9:19 pm
Forum: Careless Driving
Topic: Careless, Fail to remain, Fail to report
Replies: 5
Views: 2770

Re: Careless, Fail to remain, Fail to report

Bear in mind that they to sustain those charges, they have to prove that a collision occurred (maybe not for the careless). You might want to obtain disclosure and see how they're going to do that. If it is just the word of the other driver vs. your word, with no damage to his vehicle, there might be something there to argue about.
by Simon Borys
Tue Oct 19, 2010 7:54 pm
Forum: Careless Driving
Topic: Careless driving: No accident. No injury. No racing...
Replies: 6
Views: 3064

Re: Careless driving: No accident. No injury. No racing...

The officer's evidence, like any witnesses, will be evaluated based on its own merits. Keep in mind that if the crown is going to proceed to a trial on careless, they have to prove that your driving constituted "without due care and attention or without reasonable consideration for other persons using the highway", which is not the easiest thing to ...
by Simon Borys
Tue Oct 19, 2010 7:49 pm
Forum: Failing to stop for a school bus
Topic: Question for police officers
Replies: 1
Views: 2398

Re: Question for police officers

I'm just going to point out that you can't charge against the driver based on a school bus operator's report unless the operator knows who the driver is.
by Simon Borys
Tue Oct 19, 2010 12:43 pm
Forum: Careless Driving
Topic: Careless driving: No accident. No injury. No racing...
Replies: 6
Views: 3064

Re: Careless driving: No accident. No injury. No racing...

The fine for careless driving is now $490. $325 is the old fine.

The case R. v. Monahan et al., 2009 ONCJ 298 (CanLII), which can be found here: http://www.canlii.org/en/on/oncj/doc/2009/2009oncj298/2009oncj298.html states that an incorrect set fine means that the certificate is not complete and regular on its face and thus is subject to being ...
by Simon Borys
Tue Oct 19, 2010 12:40 pm
Forum: Failing to stop for a school bus
Topic: What are the chances I will be charged?
Replies: 5
Views: 11815

Re: What are the chances I will be charged?

The bus driver can complain to the police and provide the licence plate of your vehicle. In that case, the police can charge the owner of the vehicle, using the bus driver as a witness to provide evidence of the offence in court (if there is a trial). At that point it becomes the bus driver's word vs. the word of the person who defends themselves ...
by Simon Borys
Mon Oct 18, 2010 9:36 pm
Forum: General Talk
Topic: Questions about court confusion :/
Replies: 4
Views: 1698

Re: Questions about court confusion :/

With regards to question #2: The court would probably consider the error you described to be minor, that is to say not negatively impacting your ability to make a full defence to the charge, and so would not be likely to quash the charges for those errors. The prosecutor could amend if necessary
by Simon Borys
Mon Oct 18, 2010 9:34 pm
Forum: General Talk
Topic: need help, please help..
Replies: 2
Views: 1315

Re: need help, please help..

The court would probably consider the errors you described about the name and address number to be minor, that is to say not negatively impacting your ability to make a full defence to the charge, and so would not be likely to quash the charges for those errors. The prosecutor could amend if necessary

With respect to notice, the prosecutor does ...
by Simon Borys
Mon Oct 18, 2010 1:37 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Charged w/ 135 in a 100 zone when i was only doing 115
Replies: 21
Views: 9098

Re: Charged w/ 135 in a 100 zone when i was only doing 115

It's not that there is a specific prohibition against this, but officers don't do it as a matter of common sense if they can't prove the speed alleged. I don't think you have any recourse to get it quashed at first glance, but if you have a trial they will be required to prove that you were going 135 km/hr. If the officer's evidence is that you ...
by Simon Borys
Mon Oct 18, 2010 1:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Toronto speed limit for cyclists
Replies: 2
Views: 2929

Re: Toronto speed limit for cyclists

An officer would measure and prove speed for a bicycle the same as for a motor vehicle - radar, laser, or pacing.

As to whether the definition of bicycle applies to a unicycle, you'd have to look at the definition in the bylaw which creates this offence.
by Simon Borys
Mon Oct 18, 2010 1:32 pm
Forum: Careless Driving
Topic: Received first time careless driving ticket...what to do?
Replies: 17
Views: 7728

Re: Received first time careless driving ticket...what to do?

Careless may be overkill, but it depends on the circumstances surrounding the incident. That being said, often careless driving tickets are reduced to something less in the case of single vehicle accidents (like fail to drive in marked lane, or something like that). In my opinion, the damage to property shouldn't have too much of an impact on the ...
by Simon Borys
Wed Oct 13, 2010 9:43 am
Forum: General Talk
Topic: School Bus lets my kids out at a 4 way stop sign
Replies: 16
Views: 17337

Re: School Bus lets my kids out at a 4 way stop sign

I know if I ask this to 3 different cops I'll get 3 different answers.

Of course. The reason being that the legislation is not clear. The 2 relevant sections of the HTA are 175 (11) and 175 (12).

(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its ...
by Simon Borys
Mon Oct 11, 2010 12:10 pm
Forum: Careless Driving
Topic: Potential Careless Driving Case - Pls Advise
Replies: 3
Views: 2108

Re: Potential Careless Driving Case - Pls Advise

Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation?
No, the onus is on the driver of the following vehicle to maintain a safe distance, sufficient to allow them to respond even to an abrupt or unanticipated action.

Also, with the other driver knowing that I was ...
by Simon Borys
Mon Oct 11, 2010 12:07 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No Set Fine Shown
Replies: 2
Views: 1510

Re: No Set Fine Shown

That should result in the ticket being quashed.

Your choices to deal with it are to speak to the prosecutor about it, take it to trial, or allow the prosecutor to try to enter a 9.1 conviction in your absence by failing to respond and hope the JP catches the error and quashes it. If they don't you'd have to appeal.

The 1st 2 choices are easier ...