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: 1533

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: 2194

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: 1654

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: 2365

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: 1806

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: 3829

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: 22143

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: 3598

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: 2344

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: 2743

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: 3598

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: 2576

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: 3540

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.