Search found 1065 matches

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: 3918

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: 12000

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: 2015

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: 2721

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: 12000

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: 2067

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: 1914

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: 1476

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: 6037

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: 5383

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: 3826

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: 5383

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: 6309

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: 23029

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: 3826

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.