Search found 1065 matches

by Simon Borys
Tue Aug 10, 2010 9:40 pm
Forum: General Talk
Topic: CTV News: Careless Driver Convicted After Boasting Online
Replies: 2
Views: 1670

CTV News: Careless Driver Convicted After Boasting Online

Here's the article: http://toronto.ctv.ca/servlet/an/local/ ... Home%C2%A0

I wrote a post on my blog discussing the issues surrounding the admissibility of statement evidence like this, if you're interested the link is in my signature.
by Simon Borys
Tue Aug 10, 2010 11:44 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 130 in a 80 on highway 10 southgate owen sound
Replies: 4
Views: 2334

Re: 130 in a 80 on highway 10 southgate owen sound

The officer is correct that, in most jurisdictions, if you fight a reduced speeding ticket the crown can ask the JP to amend the ticket back to the original amount.
by Simon Borys
Mon Aug 09, 2010 6:36 pm
Forum: Courts and Procedure
Topic: Filing Motions
Replies: 1
Views: 1860

Re: Filing Motions

You are correct, traffic matters (all provincial offence matters) are quasi criminal, not civil. But I don't know where you can get the forms, sorry.
by Simon Borys
Mon Aug 09, 2010 6:35 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: No radar? What's the proof requirement
Replies: 3
Views: 2563

Re: No radar? What's the proof requirement

Whats the actual burden of proof for a non-radar measure?

Police cruiser speedometers are calibrated pieces of equipment and are accepted in court as an accurate measure of a vehicles speed through pacing. What an officer needs to prove the charge is to state how long he was following you for, that he maintained a constant distance and what he ...
by Simon Borys
Mon Aug 09, 2010 6:30 pm
Forum: Compulsory Automobile Insurance Act
Topic: typical insurance cost?
Replies: 4
Views: 1935

Re: typical insurance cost?

I don't think anyone here is going to be able to answer this for you. There is no "average" it depends on a multitude of factors, including which company you're referring to.
by Simon Borys
Mon Aug 09, 2010 6:27 pm
Forum: Driver failing to wear a seat belt
Topic: Fail to wear seat belt correctly while on a delivery
Replies: 1
Views: 4023

Re: Fail to wear seat belt correctly while on a delivery

I don't think you would be successful with this argument. The exemption is not for any delivery driver to claim that they don't go over 40 and thus don't have to wear their seat belt. It is intended to protect people who have professions where it is already established that they don't go over 40, like garbage men or postal delivery drivers.

That ...
by Simon Borys
Sat Aug 07, 2010 10:40 am
Forum: General Talk
Topic: motorcycle handlebar laws
Replies: 15
Views: 23875

Re: motorcycle handlebar laws

FyreStorm wrote:The prevailing case law states that people / police should not have to bend their necks, or 'work' to see you plate, it should be conspicuously visible.
If you have any specific case citations can you post them here? I'd be interested in reading them. Thanks.
by Simon Borys
Fri Aug 06, 2010 11:06 am
Forum: Careless Driving
Topic: Careless Driving Collision
Replies: 8
Views: 3819

Re: Careless Driving Collision

Simon borys your saying that the best I could do is plead guilty to the lesser charge of driving too close which would be 4 points?

No, not at all. I was just saying that follow to close is a charge which people often plea to in rear end cases where they are charged with careless. There may be another more appropriate charge to plea to in your ...
by Simon Borys
Thu Aug 05, 2010 10:59 pm
Forum: Courts and Procedure
Topic: Does a police officer have to show up for court?
Replies: 0
Views: 2504

Does a police officer have to show up for court?

In response to a number of recent topics on this forum about whether a police officer has to show up for court or whether it was likely that they would show up, I wrote a post on my blog discussing the issue.

I'm not posting this here just to promote my blog, but it seems relevant considering that I've answered this very question 2 or 3 times in ...
by Simon Borys
Thu Aug 05, 2010 9:08 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 85km/h in 50 zone
Replies: 6
Views: 2888

Re: 85km/h in 50 zone

Indeed, you are correct. I am aware that speeding under 50 is an absolute liability offence and over is strict. I've even stated that in previous posts. This was a type-o.
by Simon Borys
Thu Aug 05, 2010 4:05 pm
Forum: Careless Driving
Topic: Careless Driving Collision
Replies: 8
Views: 3819

Re: Careless Driving Collision

She will likely show up because she'll be subpoenaed and it's an offence to fail to respond to a subpoena.

Careless driving seems a little harsh for the situation you described and they would have to prove that you were driving with undue care and attention in order to convict you of it. Usually in rear end collisions where people are charged with ...
by Simon Borys
Thu Aug 05, 2010 4:01 pm
Forum: General Talk
Topic: Offroad motorcycle tickets
Replies: 2
Views: 2736

Re: Offroad motorcycle tickets

Sounds like a big hassle to fight the tickets. You could hire someone to do it for you, in which case you'll pay them their fee plus the fines for any offences you end up convicted of. You might be able to may a plea with the crown and get one of the two dropped in exchange for sparing them the burden of a trial.

One thing though, if you want to ...
by Simon Borys
Wed Aug 04, 2010 7:38 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Trial next week, how do I ask for disclosure?
Replies: 5
Views: 3751

Re: Trial next week, how do I ask for disclosure?

It's easy to target a specific vehicle with a laser using the scope, but it is much more difficult to isolate a vehicle with a radar that is not alone on the road or at least in front. If that were me I would be very interested in hearing how the officer articulated that he targeted the person's vehicle.
by Simon Borys
Wed Aug 04, 2010 11:18 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 85km/h in 50 zone
Replies: 6
Views: 2888

Re: 85km/h in 50 zone

Plea deals offers depend on a number of factors, but if you have a good record and there are no serious aggravating factors to your speeding, I can't see why you wouldn't be offered a plea of some kind.

You can plead you case with all of the factors you mentioned, but it's not really important with regards to the commission of the offence, since ...
by Simon Borys
Tue Aug 03, 2010 3:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 85km/h in 50 zone
Replies: 6
Views: 2888

Re: 85km/h in 50 zone

Whether it's worth it to hire a paralegal depends on how much time you have to put into the matter yourself and what you're looking for as an outcome. The truth is that anyone can walk into a first attendance meeting with a prosecutor and get a plea deal if they've done a little research and look like they know what they're talking about.

If you ...
by Simon Borys
Tue Aug 03, 2010 1:14 am
Forum: General Talk
Topic: Plate stickers
Replies: 7
Views: 8874

Re: Plate stickers

Could be. I am puzzled by that.
by Simon Borys
Mon Aug 02, 2010 9:37 pm
Forum: General Talk
Topic: Plate stickers
Replies: 7
Views: 8874

Re: Plate stickers

My understanding was that they were for provincial government vehicles. That's why the OPP has them and municipal services don't.
by Simon Borys
Mon Aug 02, 2010 9:36 pm
Forum: General Talk
Topic: Newbie with a related question
Replies: 1
Views: 1294

Re: Newbie with a related question

I don't believe there's any requirement for them to have markings or to replace them if they were obliterated by road work.
by Simon Borys
Sun Aug 01, 2010 9:19 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153km in a Posted 80km
Replies: 5
Views: 4974

Re: 153km in a Posted 80km

If you decide to fight it they can, and probably will in your case, ask for the trial to be for the original amount. Then you risk a far greater sentence. You'll have to decide whether you think it's worth it.
by Simon Borys
Sun Aug 01, 2010 6:50 pm
Forum: General Talk
Topic: reported by a ttc driver?!
Replies: 2
Views: 4906

Re: reported by a ttc driver?!

Probably nothing. If you have committed a Highway Traffic Offence, the driver can report that to a police officer and the officer, if he feels he has reasonable grounds to lay a charge based on the evidence provided by the TTC driver, can issue you a ticket or a summons to court for the charge.

That's the way it works in theory, but in practice it ...
by Simon Borys
Sun Aug 01, 2010 3:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop red light
Replies: 7
Views: 3343

Re: Fail to stop red light

An unsigned handwritten ticket should be quashed.
by Simon Borys
Fri Jul 30, 2010 11:06 pm
Forum: Commercial Vehicle Safety Alliance (CVSA)
Topic: CVSA/CMV Info
Replies: 16
Views: 11722

Re: CVSA/CMV Info

Its more complicated than it needs to be.

I completely agree! The laws about CMV's in general are quite complicated, but hours of service regulations are beyond ridiculous. I can tell you from my experience that not all MTO officers and very, very few police officers understand them enough to charge anyone for violating them.

What's the point ...
by Simon Borys
Fri Jul 30, 2010 8:41 pm
Forum: Driving While Suspended
Topic: Notice of driving under suspension sent to wrong address
Replies: 4
Views: 3164

Re: Notice of driving under suspension sent to wrong address

Same thing applies. All they have to do is send it to the last known address on their files. It's up to you to keep your address current. That's why it's an offence not to change it within 6 days of a move.
by Simon Borys
Fri Jul 30, 2010 4:56 pm
Forum: General Talk
Topic: Driving w/o Ins fines from 7yr ago, Never paid a cent
Replies: 1
Views: 1520

Re: Driving w/o Ins fines from 7yr ago, Never paid a cent

You're probably not going to get your licence back until you've paid the fines off. Sorry.
by Simon Borys
Fri Jul 30, 2010 4:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: getting my ticket reduced
Replies: 2
Views: 3892

Re: getting my ticket reduced

1) Ask the officer if he has records of other tickets for the day see what the REAL speed limit is. ie. If he doesn't stop anyone until 70km in a 50km zone then the REAL limit is 70km/hr and I should only get 15km over I don't understand what you mean by the "real" speed limit. If you were speeding it doesn't matter what other people were doing or ...
by Simon Borys
Thu Jul 29, 2010 6:50 pm
Forum: Driving While Suspended
Topic: Notice of driving under suspension sent to wrong address
Replies: 4
Views: 3164

Re: Notice of driving under suspension sent to wrong address

You can find out what evidence the prosecutor has by applying for disclosure.

It is not enough to simply state that they sent the notice to the address on your licence as opposed to the address on your ownership.

HTA 52 (1) Where a persons drivers licence is suspended, notice of the suspension is sufficiently given if delivered personally or,
(b ...
by Simon Borys
Wed Jul 28, 2010 3:51 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 2 fail to stop tickets (stop sign, red light)
Replies: 1
Views: 3666

Re: 2 fail to stop tickets (stop sign, red light)


My questions are as follows:
1) Am I correct in assuming that the police officer would still likely appear in court if I chose the option to plead not guilty, despite his encouragement to review Option 3? Yes
2) How much could the fine be reduced if I go for Option 2? Also, if I go for Option 2, am I correct in assuming that the demerit points ...
by Simon Borys
Wed Jul 28, 2010 3:39 pm
Forum: General Talk
Topic: Possible Mistake on Traffic Ticket issued?
Replies: 3
Views: 2317

Re: Possible Mistake on Traffic Ticket issued?

It's not proper for an officer to offer an inducement to you to pay a ticket, nor is it proper for them to threaten you into paying a ticket. However, it is the case most of the time, in most jurisdictions, that if you take a reduced speeding charge to trial the crown will apply to have the amount reinstated to the full amount and the JP will ...