Search found 1065 matches

by Simon Borys
Mon Jul 19, 2010 12:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: HELP!! pulled over for going 118 WHILE PASSING! What do i do
Replies: 10
Views: 4308

Re: HELP!! pulled over for going 118 WHILE PASSING! What do i do

I think that whatever you say should sound like an explanation and not an excuse. If it does then I don't think anything you say can be a bad idea.
by Simon Borys
Mon Jul 19, 2010 12:24 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 6736

Re: Disobey stop sign/fail to stop - How to use fatal error?

You should probably mention it to the prosecutor first because I'm not sure if the filing time limit means how long before the court has the ticket or how long before the court enters the ticket into the ICON system. If it is delivered to the court but they don't get to it because of a backlog or some other reason, that might not invalidate the ...
by Simon Borys
Mon Jul 19, 2010 12:22 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding help needed.
Replies: 14
Views: 3868

Re: speeding help needed.

The witness box is only if there are civilian witnesses.

Just make sure you get copies of notes from both officers in your disclosure. Depending on what actions each took, they will probably both have to show up in court.
by Simon Borys
Sun Jul 18, 2010 10:11 pm
Forum: General Talk
Topic: Is it illegal ?
Replies: 8
Views: 2664

Re: Is it illegal ?

I was saying that is is fine, not that it is a fine, however what you're describing now is a little more than just a screw.

Basically it comes down to your articulation and the officer's discretion if there is a potential issue. The relevant section of the HTA is 13(2):

Number plate to be kept clean

(2) Every number plate shall be kept free from ...
by Simon Borys
Sun Jul 18, 2010 10:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: HELP!! pulled over for going 118 WHILE PASSING! What do i do
Replies: 10
Views: 4308

Re: HELP!! pulled over for going 118 WHILE PASSING! What do i do

First let me clarify that the demerit points are not negotiable. They are associated with the speed and are an administrative MTO penalty. Neither the JP nor the crown has any jurisdiction over them. That being said, if you are able to plea to a reduced speed, you will get the points associated with that speed.

I've seen people argue exactly what ...
by Simon Borys
Sun Jul 18, 2010 7:50 pm
Forum: Driving While Suspended
Topic: Driving Suspended- Please for the love of god help!!!
Replies: 11
Views: 5292

Re: Driving Suspended- Please for the love of god help!!!

Thank you for your comments.

With regards to your fines, if they are all for unpaid fines then you can take care of them whenever you want. Where does the 18 months come from? Do you just mean you've been suspended for 18 months already?

I would suggest you speak to the prosecutor proactively about your existing fines and try to pay some off and ...
by Simon Borys
Sun Jul 18, 2010 5:54 pm
Forum: General Talk
Topic: Is it illegal ?
Replies: 8
Views: 2664

Re: Is it illegal ?

nIzo wrote:Is it illegal to stick or screw something on the license plate number where it won't hide any numbers or won't effect anything but probably hiding the crown in the middle of the plate?


Thx :)
So just for the purpose of attaching it? Yes, that's fine.
by Simon Borys
Sun Jul 18, 2010 5:53 pm
Forum: Driving While Suspended
Topic: Driving Suspended- Please for the love of god help!!!
Replies: 11
Views: 5292

Re: Driving Suspended- Please for the love of god help!!!

Whether you can get your licence back sooner depends on what your suspensions are for. The one(s) for unpaid fines you can take care of whenever you want. What are the others?
by Simon Borys
Fri Jul 16, 2010 11:51 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

There is no "best way". The process for you will be the same as for everybody else. Get your first attendance date, speak to the prosecutor, address the issues with him, he will either withdraw or say no deal if he thinks he can get a conviction (or he will offer a plea). If there is no deal you go to trial and address your issues with the JP and ...
by Simon Borys
Fri Jul 16, 2010 11:42 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light - 144(18)
Replies: 12
Views: 4332

Re: Fail to stop at red light - 144(18)

TSTCP = TSTOP which is short for traffic stop. You're probably reading the O as a C.

ACC = Accused (that's you).

MLC = MVC which is short for motor vehicle collision. You're probably reading the V as an L.

No other vehs in area = no other vehicles in area (probably referring to the area he stopped you.

If you remember it differently than the ...
by Simon Borys
Fri Jul 16, 2010 11:28 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 116kmh on a 60 - help!
Replies: 12
Views: 3716

Re: 116kmh on a 60 - help!

slightest conviction will probably ruin my chances of getting in the program

No it won't. But a conviction for stunt driving probably would. That's what you're facing if you go to trial and they amend the ticket back up. Unless you have a specific defence for court I would be wary of having a trial just because you don't want your insurance to ...
by Simon Borys
Fri Jul 16, 2010 11:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Responded to a Speeding Ticket option wrongly.
Replies: 1
Views: 2290

Re: Responded to a Speeding Ticket option wrongly.

Not sure, but I think the latter option. However, I would still try to make an appearance ASAP.
by Simon Borys
Wed Jul 14, 2010 9:18 pm
Forum: General Talk
Topic: Trial/disclosure strategy for Speeding ticket
Replies: 8
Views: 12334

Re: Trial/disclosure strategy for Speeding ticket

http://www.pbelectronics.com/decatur_radar.htm
With batteries, charger, tuning fork , certification, hard shell foam lined carry case, and 1 year warranty. $895

The fact that they sell it with a tuning fork is not proof that it is required for testing.

This just goes to show the level of training quality (which in no way reflects badly on you ...
by Simon Borys
Wed Jul 14, 2010 9:12 pm
Forum: General Talk
Topic: Can they AMEND the offence?!
Replies: 2
Views: 1612

Re: Can they AMEND the offence?!

What are you concerned that they are going to amend it to?
by Simon Borys
Wed Jul 14, 2010 9:11 pm
Forum: General Talk
Topic: Can MTO pull over civilians?
Replies: 12
Views: 23463

Re: MTO powers

Biron wrote:You can beat this ticket like a walk in the park. :)
Based on?
by Simon Borys
Tue Jul 13, 2010 4:24 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 32km/h reduced to 15km/h then and amended back to 32km/hr
Replies: 14
Views: 4135

Re: 32km/h reduced to 15km/h then and amended back to 32km/hr

No, it's your option to plea guilty or not guilty at any time, upto and including when you show up at court for a trial. Even if you had said all along you were pleading not guilty, when you are arraigned you can just say "guilty" and it's done. Again, you are still being tried on the reduced charge until the trial actually commences (that's when ...
by Simon Borys
Tue Jul 13, 2010 4:21 pm
Forum: General Talk
Topic: Trial/disclosure strategy for Speeding ticket
Replies: 8
Views: 12334

Re: Trial/disclosure strategy for Speeding ticket

I'm not sure where you could find information to support the American positions you mentioned above.

With respect to your disclosure strategy, I understand now what you meant and I would personally think that the better option is to request everything you want up front. This way you're better informed when it comes to trial.

As I said, I'm not ...
by Simon Borys
Tue Jul 13, 2010 4:07 pm
Forum: General Talk
Topic: Interpreter request
Replies: 4
Views: 2163

Re: Interpreter request

I don't think they'll buy it. And if they do they'll probably still get an interpreter, even though it will be difficult and costly, so nobody really wins.
by Simon Borys
Tue Jul 13, 2010 12:41 pm
Forum: General Talk
Topic: Violation of Novice Driver Conditions BAC over 0.0
Replies: 2
Views: 2873

Re: Violation of Novice Driver Conditions BAC over 0.0

You can't say for certain what her BAC would or should have been - there are too many factors. However, it is not proper to suspend someone's licence without administering a roadside screening device. Also, I'm not sure what the double suspension is for. Unfortunately there is no right to appeal a roadside alcohol suspension.

If the ticket was for ...
by Simon Borys
Mon Jul 12, 2010 9:34 pm
Forum: General Talk
Topic: Trial/disclosure strategy for Speeding ticket
Replies: 8
Views: 12334

Re: Trial/disclosure strategy for Speeding ticket

Welcome to the board.

With regards to Question #1: I think the chances are likely. This is common practice in most jurisdictions.

With regards to the rest of your questions, I don't think either of those options are great ideas. You're probably not going to be able to come up with some brilliant question that the officer has never heard before ...
by Simon Borys
Mon Jul 12, 2010 9:16 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Doh - My trial is tomorrow - 4 points 80 in a 50
Replies: 3
Views: 2215

Re: Doh - My trial is tomorrow - 4 points 80 in a 50

The fine table found in the Act is what they can use at a trial to calculate your fine based on the speed you are convicted of. The other is the fine table for out of court settlements (tickets).

With regards to your court date tomorrow, you will have an opportunity to speak with the prosecutor in the morning before your trial - tell them about ...
by Simon Borys
Mon Jul 12, 2010 9:11 pm
Forum: General Talk
Topic: Husband transferring ownership of vehicle to wife?
Replies: 2
Views: 2096

Re: Husband transferring ownership of vehicle to wife?

I think you can gift it if it's between family members. Best bet is just to ask at the nearest licencing office.
by Simon Borys
Mon Jul 12, 2010 12:09 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 81 in a 50 - Please Help
Replies: 1
Views: 1639

Re: 81 in a 50 - Please Help

You got a Part III for a first offence of speeding 31 km over? That's unusual. In my opinion, the 15 over is a good deal, if you're looking at pleading. Of course you can fight the charge as well, but speeding under 50 km/hr is an absolute liability offence so there's really no defence available to you, meaning you would basically have to prove ...
by Simon Borys
Mon Jul 12, 2010 12:04 am
Forum: General Talk
Topic: Failure to Display Two Plates .... HELP
Replies: 6
Views: 6376

Re: is this violation considered 'Moving' or 'non-moving'?

will_do_better wrote:failure to display licence plate - is this a moving or non-moving traffic violation? will it affect insurance policy/policy if convicted?
Non-moving...but of course anything can affect your insurance. It'll probably go up next year for one reason or another, or for no reason at all!
by Simon Borys
Fri Jul 09, 2010 11:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Cop Bent The Truth, 20 Over (Reduced Ticket)
Replies: 20
Views: 5990

Re: Cop Bent The Truth, 20 Over (Reduced Ticket)

I think usually where you file the ticket is where you will go to court, but I can't envision every situation or jurisdiction.
by Simon Borys
Fri Jul 09, 2010 11:38 pm
Forum: Careless Driving
Topic: Careless Driving - Abusive Officer/Illegal Search
Replies: 13
Views: 4113

Re: Careless Driving - Abusive Officer/Illegal Search

Biron wrote:There is a limitation period to sue the OPP.
.
How long is that period?
by Simon Borys
Fri Jul 09, 2010 9:39 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Cop Bent The Truth, 20 Over (Reduced Ticket)
Replies: 20
Views: 5990

Re: Cop Bent The Truth, 20 Over (Reduced Ticket)

I would suggest calling to check because if it was issued and for some reason you didn't get it, you'll be convicted under section 9.1 in abstentia. There is no specific time limit where it gets thrown out, but if you feel it's taken too long you can make a charter application that your right to a speedy trial has been denied.
by Simon Borys
Fri Jul 09, 2010 5:49 pm
Forum: General Talk
Topic: What happens if I don't show up for court? (parking ticket)
Replies: 2
Views: 6491

Re: What happens if I don't show up for court? (parking ticket)

You can plead guilty the day of trial with no penalty. If you don't show you will be convicted in abstentia with no penalty.
by Simon Borys
Fri Jul 09, 2010 1:41 pm
Forum: General Talk
Topic: Can MTO pull over civilians?
Replies: 12
Views: 23463

Re: Can MTO pull over civilians?

It's not that it's not lawful for them to do so, it's just that the MTO has no mandate to deal with passenger vehicles. If you received a ticket from an MTO officer you will still have to fight it in court and you can suggest to the crown that the officer was acting outside of his mandate to issue the ticket and see if they will withdraw it. If not ...
by Simon Borys
Fri Jul 09, 2010 1:34 pm
Forum: Careless Driving
Topic: Careless Driving - Abusive Officer/Illegal Search
Replies: 13
Views: 4113

Re: Careless Driving - Abusive Officer/Illegal Search

Sounds like you're already taking the correct steps by fighting the ticket and contacting the OIPRD. All I can suggest is that you might want to get each of the passengers to write their own statement of what happened, along with all of their contact info, for you to submit along with your complaint.