Search found 1065 matches

by Simon Borys
Fri Sep 10, 2010 4:56 pm
Forum: Failing to obey the directions of a police officer
Topic: Disobey Officer directing traffic.
Replies: 10
Views: 6732

Re: Disobey Officer directing traffic.

That's not likely to stick.
by Simon Borys
Wed Sep 08, 2010 5:07 pm
Forum: General Talk
Topic: Traffic Ticket Reinstatement?
Replies: 4
Views: 1765

Re: Traffic Ticket Reinstatement?

No
by Simon Borys
Tue Sep 07, 2010 6:47 pm
Forum: Courts and Procedure
Topic: A question about 11(b)
Replies: 5
Views: 1803

Re: A question about 11(b)

It will make your case stronger. However if you try to argue a motion, the court is going to dismiss your request for an interpreter if they feel you are able to conduct yourself sufficiently, so be aware of that.
by Simon Borys
Tue Sep 07, 2010 6:02 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap
Replies: 12
Views: 3443

Re: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap

I don't disagree with you about the fatal error, I was just commenting on your ideas about creating a defence.

Arguing an error on a ticket can sometimes be problematic however, since if you take it to trial to make the argument, they can always ask that the JP amend the certificate, which they may or may not do. If you don' take it to trial and ...
by Simon Borys
Tue Sep 07, 2010 5:59 pm
Forum: General Talk
Topic: what are my chances against the MOE?
Replies: 4
Views: 1849

Re: what are my chances against the MOE?

The officer who inspected the vehicle is the one who has to testify in order to avoid it being hearsay.

In my opinion I don't think you're situation meets the grounds for being discriminated against. The police are permitted to conduct random checks, which they could claim they were doing in your case. They are also permitted to conduct targeted ...
by Simon Borys
Tue Sep 07, 2010 5:56 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 138km/h on 404. Appeal possibility?
Replies: 7
Views: 2598

Re: Speeding 138km/h on 404. Appeal possibility?

The rate in section 128 is to be used for the purpose of calculating a sentence for speeding after a trial. There is an appendix in the POA with a different amount that is used for the purpose of the set fines.
by Simon Borys
Tue Sep 07, 2010 5:54 pm
Forum: Courts and Procedure
Topic: A question about 11(b)
Replies: 5
Views: 1803

Re: A question about 11(b)

If the interpreter doesn't show the JP may stay the charges, but that's their call. They will not proceed without an interpreter unless you agree to waive your request for one. The other possibility is that they will adjourn to a later date. If the officer doesn't show the crown will withdraw or ask for an adjournment.
by Simon Borys
Tue Sep 07, 2010 1:48 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap
Replies: 12
Views: 3443

Re: Speeding 70 km/h in a 50 km/h Zn.-Prince Edward Viad. Trap

All speeding charges are under section 128.

Speeding is an absolute liability offence, which means that there are no defences. The court will not hear or consider anything you have to say with regards to a defence.
by Simon Borys
Tue Sep 07, 2010 1:46 am
Forum: Courts and Procedure
Topic: A question about 11(b)
Replies: 5
Views: 1803

Re: A question about 11(b)

So you're saying you need an interpreter for the English language? English to what?

It's fine to have no defence except your charter application, but once the trial commences your chance to plead guilty and ask for any leniency is gone. That being said, you can't get any more point than are associated with the charge. Points are not within the ...
by Simon Borys
Tue Sep 07, 2010 1:41 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 138km/h on 404. Appeal possibility?
Replies: 7
Views: 2598

Re: Speeding 138km/h on 404. Appeal possibility?

? What is stated and how is that different than what you were charged with?
by Simon Borys
Tue Sep 07, 2010 1:40 am
Forum: General Talk
Topic: what are my chances against the MOE?
Replies: 4
Views: 1849

Re: what are my chances against the MOE?

Your changes, like everyone else's, depends on the merits of your own case. They are no greater or less because you are dealing with the MOE.

I'm curious how you plan on arguing that you've been singled out because you drive an older car. Do you have any independent evidence of this, or it is just your opinion? This might be a difficult line of ...
by Simon Borys
Mon Sep 06, 2010 12:13 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: how to determine officer show/no-show
Replies: 6
Views: 2599

Re: how to determine officer show/no-show

It's not necessarily one way or the other. But you lose your leverage for a plea bargain the closer you get to the trial, especially if they've gone through the trouble of having the officer and witnesses attend court. The purpose of a plea bargain is to reward people who accept responsibilities for their actions early on in the process and spare ...
by Simon Borys
Sun Sep 05, 2010 1:18 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light proceed before green
Replies: 1
Views: 3833

Re: Red Light proceed before green

Ticket has 3 points associated with it - those are non negotiable. No way to not get those points except to not be found guilty of the offence, or plead to a lesser offence.

144 (18) is the correct section for this incident.