Search found 1065 matches

by Simon Borys
Tue Sep 21, 2010 9:02 am
Forum: General Talk
Topic: Plead guilty or trial?
Replies: 6
Views: 2917

Re: Plead guilty or trial?

beleafer81 wrote: But even so I thought they had some way on their onboard computers to see if you have legit insurance, paper or not.
There is such a thing but it's not in common use and not in cruisers. Also, it's irrelevant to the charge of Fail to Surrender Insurance Card.
by Simon Borys
Tue Sep 21, 2010 8:58 am
Forum: General Talk
Topic: Caught with a phone....
Replies: 4
Views: 1741

Re: Caught with a phone....

1 and 2 are non-issues. Read my post here about the hat issue.

http://simonborys.wordpress.com/2010/04 ... their-hat/
by Simon Borys
Mon Sep 20, 2010 9:22 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Pacing and Loss of visual contact
Replies: 1
Views: 2378

Re: Pacing and Loss of visual contact

Pacing can be done anytime. Police just have to follow you at a constant distance from your vehicle over a nominal distance and make reference to their own calibrated speedometer to gauge your speed.

If they lose sight of you that might be a problem for them to prove the charge in court. You could request disclosure to see what it says in their ...
by Simon Borys
Mon Sep 20, 2010 9:20 am
Forum: Failing to stop for a school bus
Topic: School Bus Driver's Report and 6 demerit points
Replies: 21
Views: 22139

Re: School Bus Driver's Report and 6 demerit points

The police have no discretion over the points. That is an administrative function of the MTO. The police just issue the ticket and if you are convicted, the MTO will assign you the points. Neither the judge nor the crown has anything to do with points either.
by Simon Borys
Mon Sep 20, 2010 9:18 am
Forum: General Talk
Topic: Ticket from different cop?
Replies: 3
Views: 1427

Re: Ticket from different cop?

You could request disclosure and see who provides notes for the evidence of the offence. If they are both in the car she can write the ticket and he can give the evidence, as long as she's there to sign it, otherwise it wouldn't be proper service and would be null.
by Simon Borys
Sun Sep 19, 2010 1:58 pm
Forum: Driving While Suspended
Topic: Driving While Under Suspension
Replies: 13
Views: 5557

Re: Driving While Under Suspension

The document is a certified record from the Ministry of Transportation stating that said driver was suspended on the date in question.

I don't think you're going to have to point out to the JP that the officer is giving hearsay evidence, I very much doubt that the crown or the JP would allow it to go that far. If they do, all you need to do is ...
by Simon Borys
Sun Sep 19, 2010 11:03 am
Forum: General Talk
Topic: Plea Bargain procedure
Replies: 2
Views: 2319

Re: Plea Bargain procedure

You don't need to play hardball and say, "I'm going to fight this" and hope they offer you a deal instead. You can just tell them, "I'm willing to plead guilty and spare the court the burden of a trial in exchange for some consideration on the fine."

That's what plea bargains are all about: you get rewarded for taking responsibility for your ...
by Simon Borys
Sun Sep 19, 2010 10:58 am
Forum: General Talk
Topic: OOPS! Anyone beat a cell phone ticket yet?
Replies: 9
Views: 13960

Re: OOPS! Anyone beat a cell phone ticket yet?

The set fine for the charge is $155 but when you go to court that doesn't apply anymore. It is only for out of court settlements. Once you have a trial the maximum set out in the Provincial Offences Act applies ($500).

That being said, unless there are serious aggravating factors (prior record, etc) they crown almost always asks for set fine ...
by Simon Borys
Sun Sep 19, 2010 10:53 am
Forum: Improper right turn
Topic: What happens if there is error on a Ticket?
Replies: 10
Views: 16184

Re: What happens if there is error on a Ticket?

That's probably not a fatal error. If you fight it in court, which is the only way they would know there is an error they can amend the certificate. But I'm not sure if they would even need to since the officer would probably give evidence as to the correct plate.
by Simon Borys
Sun Sep 19, 2010 10:51 am
Forum: Bylaws Pertaining to Traffic
Topic: Being towed from parking in my own driveway
Replies: 6
Views: 28923

Re: Being towed from parking in my own driveway

The licence plate camera doesn't read plates and return information about the owner or the vehicle. All it does is compare the plate to a pre-generated list of plates. Plates on that list are only vehicles that are stolen, involved in crime, wanted, etc - not expired tags.

If the officer typed the plate into the computer manually, the would get ...
by Simon Borys
Sun Sep 19, 2010 10:47 am
Forum: General Talk
Topic: Should I report a collision? What to do next after collision
Replies: 2
Views: 4669

Re: Should I report a collision? What to do next after collision

There is no time limit for reporting a collisions, however if you're going to report this you should do it as soon as possible. Don't use it as a bargaining tool with the other person.

You are not actually required to report it unless there is damage to public propery, injuries, or the damage to vehicles is over $1000.
by Simon Borys
Sun Sep 19, 2010 10:45 am
Forum: Failing to stop for a school bus
Topic: School Bus Driver's Report and 6 demerit points
Replies: 21
Views: 22139

Re: School Bus Driver's Report and 6 demerit points

A school bus driver's report is no different than any other witness or complainant making a report to the police that someone committed a crime which leads to their being charged.

A statement may be enough for a charge, but not necessarily a conviction. If the charge is challenged both parties must give evidence in court and the judge then weighs ...
by Simon Borys
Sun Sep 19, 2010 10:43 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: ticket with wrong speed limit
Replies: 2
Views: 2771

Re: ticket with wrong speed limit

You won't be able to appeal the suspension, but you can fight the ticket in court (or just speak with a prosecutor about it) and bring that up. That should be a strong mitigating factor.

You could also file a complaint with the police department about their error and see if they will rectify it by compensating you financially. If they don't, you ...
by Simon Borys
Sun Sep 19, 2010 10:40 am
Forum: Driving While Suspended
Topic: Driving While Under Suspension
Replies: 13
Views: 5557

Re: Driving While Under Suspension

Production of a certified letter from the MTO confirming the suspension is not written anywhere in law, however it is the only way the crown can actually prove that you were, in fact, suspended at the time you were caught driving.

The officer knows you were (or believes you were) because the computer told him so, and he's usually right, but that ...
by Simon Borys
Wed Sep 15, 2010 9:51 am
Forum: General Talk
Topic: Community Safety Zones- Related Question
Replies: 3
Views: 2126

Re: Community Safety Zones- Related Question

I live in the Municipality of Borys.