Search found 1065 matches

by Simon Borys
Thu Jul 01, 2010 12:56 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticketed 89km/hr in a 60km/hour zone (reduced)
Replies: 5
Views: 2564

Re: Ticketed 89km/hr in a 60km/hour zone (reduced)

First you have to understand that the it's not the officer's decision what happens after the ticket ends up in court. If he's ok with it, it doesn't help you at all. He's not in a position to help you, even if he wants to.

Once you've been given the ticket you can plead guilty with an explanation or set a trail date. In either case, the most you ...
by Simon Borys
Wed Jun 30, 2010 10:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: question about a 69 in a 50
Replies: 7
Views: 2460

Re: question about a 69 in a 50

Sounds like they sent a notice of trial out but you didn't receive it. You could appeal on those grounds if you wish.
by Simon Borys
Wed Jun 30, 2010 9:35 am
Forum: General Talk
Topic: Case law regarding a justice or prosecutor changing a charge
Replies: 7
Views: 2366

Re: Case law regarding a justice or prosecutor changing a charge

I am kind of surprised to hear that since a conviction under a rewritten ticket like that would be quashed with prejudice on appeal. But you are correct, most people who are getting the ticket have no idea what is going on. This is why I'm a big fan of educating people and why I take the time to share my knowledge and experience on this forum ...
by Simon Borys
Wed Jun 30, 2010 9:33 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: please help - multiple tickets, how to attend court
Replies: 11
Views: 3473

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

What did you send it in for? With payment or to fight the ticket?
by Simon Borys
Wed Jun 30, 2010 9:28 am
Forum: Failing to obey signs
Topic: HTA 182(2) Queen Street/Airport Road in Brampton
Replies: 13
Views: 4715

Re: HTA 182(2) Queen Street/Airport Road in Brampton

If you're unclear about what evidence the officer has about your alleged violation you might want to request disclosure to read his notes. Then you will be in a better position to make an informed decision about what to do next.
by Simon Borys
Wed Jun 30, 2010 9:26 am
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

What often happens in radar disclosure is that the officer photocopies his notes of the incident, which probably include the test before, but he tests the radar at the end of his shift (or later in his shift) so he doesn't photocopy all of his notes between your ticket and that time.

You could make a disclosure request for this and if you don't ...
by Simon Borys
Wed Jun 30, 2010 9:21 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Prosecutor gave me minimal disclosure!
Replies: 5
Views: 2415

Re: Prosecutor gave me minimal disclosure!

I would suggest you check out the library at your nearest law school. They will have the case he referenced. If that is the prosecutor's position, then you are going to have to find your own case law to support your position and argue it before a JP, that you have received inadequate disclosure which has prevented you from making a full defence to ...
by Simon Borys
Wed Jun 30, 2010 9:15 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light- Fail to stop 144(18).. suggestions?
Replies: 14
Views: 4513

Re: Red light- Fail to stop 144(18).. suggestions?

That would make the ticket irregular on its face and it could be quashed. You could speak to the prosecutor about it and if they are reasonable they will probably withdraw it, rather than making you go before a JP to argue that it should be quashed.
by Simon Borys
Wed Jun 30, 2010 9:12 am
Forum: General Talk
Topic: section 32 (9)
Replies: 12
Views: 10584

Re: section 32 (9)

No demerit points for a conviction under 32 (9)
by Simon Borys
Mon Jun 28, 2010 11:08 pm
Forum: General Talk
Topic: Citizen demands charges be laid - Cell Phone
Replies: 4
Views: 2001

Re: Citizen demands charges be laid - Cell Phone

I understand where you're coming from. It sounds like this case is their word against yours. In all cases, the burden of proof is on the state and they present their evidence in it's totality (even if that's just one statement from a witness) and then you present yours (even if that's just your own statement). Then the Justice gets to decide who is ...
by Simon Borys
Mon Jun 28, 2010 6:13 pm
Forum: General Talk
Topic: Citizen demands charges be laid - Cell Phone
Replies: 4
Views: 2001

Re: Citizen demands charges be laid - Cell Phone


1. Is it really true that a citizen can DEMAND that charges be laid?
They can demand whatever they want, but an officer is under no obligation to charge if a citizen tells them to.

2. How do I go about defending myself?
Request disclosure and then assess what evidence the officer and/or witnesses are going to be presenting. Then you will have ...
by Simon Borys
Thu Jun 24, 2010 9:55 pm
Forum: General Talk
Topic: section 32 (9)
Replies: 12
Views: 10584

Re: section 32 (9)

Right, it could lead to a driver's licence review, which could lead to a suspension.

If you were convicted under 32(9) your record will just say
"Name of Court location you were convicted in HTA 32(9) Drive in contravention of conditions" or something close to that. It doesn't specify what the contravention was and it doesn't tell any of the other ...
by Simon Borys
Thu Jun 24, 2010 8:37 pm
Forum: General Talk
Topic: section 32 (9)
Replies: 12
Views: 10584

Re: section 32 (9)

Let me clarify. A conviction of violating novice licence conditions under 32 (9) or O/Reg. 340/94 could lead to a licence suspension. If it does, your driving record would indicate the conviction for the specific charge and then that your licence was suspended a short time later for "novice violations".

If you are charged with a seatbelt offence ...
by Simon Borys
Thu Jun 24, 2010 7:20 pm
Forum: General Talk
Topic: section 32 (9)
Replies: 12
Views: 10584

Re: section 32 (9)

I am not a novice, why would it show as "novice licence suspension".
Because the suspension would be for violation of novice conditions

i notice that G2 licence restriction is "Each person in the vehicle must have a working seatbelt". Does that fall under 32(9) as well??
Yes

Now what if someone actually does not wear glasses which was a ...
by Simon Borys
Thu Jun 24, 2010 5:19 pm
Forum: General Talk
Topic: section 32 (9)
Replies: 12
Views: 10584

Re: section 32 (9)

Sounds like you got a pretty good deal.

I don't believe a novice suspension is considered an "administrative licence suspension", but the classification isn't really important. It does show up on your driving record as a "novice licence suspension".