Search found 1065 matches

by Simon Borys
Thu Sep 02, 2010 12:00 am
Forum: General Talk
Topic: Getting Licence back...Thats suspended and Expired
Replies: 3
Views: 6554

Re: Getting Licence back...Thats suspended and Expired

iDrew wrote:They didn't even take my old license card when i showed it to them, so who dose have the power to charge you for not surrendering your license to MTO?
Police officer.
iDrew wrote:I guess the right thing for me to do right now is to wait for the payment receipt to arrive by mail from the collection agency and go to the court house with it.
Correct.
by Simon Borys
Wed Sep 01, 2010 11:56 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera Offence in the mail. Is it Valid?
Replies: 1
Views: 2601

Re: Red Light Camera Offence in the mail. Is it Valid?

As far as I know, tickets received in the mail are all valid.

See O/Reg. 277/99 for info about red light camera evidence.
http://www.canlii.org/en/on/laws/regu/o-reg-277-99/latest/o-reg-277-99.html

It should be possible to have the charge amended to red light camera for driver - HTA 144 (18.2) as opposed to red light camera for owner - HTA 144 ...
by Simon Borys
Wed Sep 01, 2010 11:48 pm
Forum: Failing to remain at the scene of a collision
Topic: Hitting a city sign pole
Replies: 7
Views: 9444

Re: Hitting a city sign pole

Either or. Your first attendance date will just be for you to get disclosure and set another date. You could ask for it to be a while into the future to give you the opportunity to retain counsel, then go to them with the disclosure in hand.
by Simon Borys
Wed Sep 01, 2010 11:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 23 over in 70 km/hr area
Replies: 1
Views: 1662

Re: Speeding 23 over in 70 km/hr area

I want to choose option 3, but really want to know what I can achieve with it.
A resolution most likely.

- The fact he only took my driving license without the insurance slip, does it make him at fault at all, like he didn't do his due diligence by checking my insurance validity?
Not at all.

- On the ticket he only wrote the plate number ...
by Simon Borys
Wed Sep 01, 2010 8:48 am
Forum: General Talk
Topic: Getting Licence back...Thats suspended and Expired
Replies: 3
Views: 6554

Re: Getting Licence back...Thats suspended and Expired

When your licence expires you are listed as "unlicenced" not suspended.

It is an offence to fail to forward a suspended licence to the MTO, but no one there has the authority to charge you for it.

Sounds to me like there's been a break down in communication between the collection agency and the court. You may need to provide proof to them that ...
by Simon Borys
Wed Sep 01, 2010 12:16 am
Forum: Compulsory Automobile Insurance Act
Topic: failure to surrender insurance card
Replies: 4
Views: 4647

Re: failure to surrender insurance card

Permitting implies knowledge and consent. The police would be required to prove that the owner of the vehicle knew that it had no insurance and allowed someone to drive it. How are they police going to be able to do that except if they obtain a statement from the driver to that effect.
by Simon Borys
Tue Aug 31, 2010 6:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: please help - multiple tickets, how to attend court
Replies: 11
Views: 3474

Re: please help - multiple tickets, how to attend court

In order to make an 11(b) Charter motion for unreasonable delay, it needs to be about 9 months delay, minimum, (for a POA offence - more for criminal) ascribed to the crown. If you were the cause of the delay, it doesn't count.

It's like a chess game with timers, when the crown's stops, yours start, and vice versa. The judge hearing an 11(b ...
by Simon Borys
Tue Aug 31, 2010 1:52 pm
Forum: Compulsory Automobile Insurance Act
Topic: failure to surrender insurance card
Replies: 4
Views: 4647

Re: failure to surrender insurance card

Your friend can not be charged with driving without insurance. Only the owner can be charged with that - either operating or permitting the operation of a vehicle without insurance.
by Simon Borys
Tue Aug 31, 2010 1:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: please help - multiple tickets, how to attend court
Replies: 11
Views: 3474

Re: please help - multiple tickets, how to attend court

Call the phone # on the back of the ticket and ask somebody there. They can look it up on ICON with the PON # and tell you what the status of it is.

Also, it's not a criminal record, it's just a provincial offence record. I wrote a blog post about provincial offence records recently, related to this question, that you might be interested in ...
by Simon Borys
Tue Aug 31, 2010 1:45 pm
Forum: General Talk
Topic: Passengers on the bed of a truck
Replies: 14
Views: 21608

Re: Passengers on the bed of a truck

Way to be proactive!
by Simon Borys
Tue Aug 31, 2010 1:45 pm
Forum: Courts and Procedure
Topic: Trial is @ 2pm
Replies: 7
Views: 2286

Re: Trial is @ 2pm

I can't say whether they may be ready for you before 2pm, but I don't think it can be held against you if your scheduled time is 2pm and they're ready for you early but you're not there.

Court usually goes until finished, which is about 5 or 5:30 at the latest.
by Simon Borys
Mon Aug 30, 2010 9:22 pm
Forum: Courts and Procedure
Topic: Trial is @ 2pm
Replies: 7
Views: 2286

Re: Trial is @ 2pm

Because there is no guaranteed order that the cases will be called for trial, so somebody's going to be there until the end of the day.
by Simon Borys
Mon Aug 30, 2010 9:20 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: 6947

Re: Fail to Stop; Amber light 144 (15)

Issues like the officer's attitude are best raised with their supervisors, not with the crown, unless they are relevant to the facts in issue or were so severe as to constitute a breach of some charter right.
by Simon Borys
Mon Aug 30, 2010 9:16 pm
Forum: General Talk
Topic: Crazy and strange encounter on 403 - did I fail to stop??
Replies: 4
Views: 2297

Re: Crazy and strange encounter on 403 - did I fail to stop??

It's not a case of failing to stop, even if he was a police officer. For that section to apply the officer has to be "readily identifiable as such". It appears in this case he was not.
by Simon Borys
Sun Aug 29, 2010 1:29 am
Forum: General Talk
Topic: Passengers on the bed of a truck
Replies: 14
Views: 21608

Re: Passengers on the bed of a truck

Again i would interpret it to mean the passenger compartment and would charge

Can you elaborate on how you interpret this as applying to the passenger compartment only?

Certainly this is where you usually find seats for passengers, but the wording of the section carefully omits any reference to the passenger compartment.

Section 10 (b) states ...