Search found 1065 matches

by Simon Borys
Thu Jun 24, 2010 4:42 pm
Forum: General Talk
Topic: section 32 (9)
Replies: 12
Views: 10582

Re: section 32 (9)

So you got convicted of violating one of the conditions of your licence...I'm guessing you are either required to wear glasses or have a novice licence. If it's a novice condition it can be considered fairly serious for your record and insurance premiums. Novice violations can also generate a driver's licence suspension by the MTO, depending on ...
by Simon Borys
Thu Jun 24, 2010 11:17 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

The radar can be tested at the beginning and at the end of a shift. That is sufficient.

With respect to the ticket, if it is for 15 over then you can still deal with it as such. The only time it can be amended up is if a trial commences. In order for that to happen you have to plead "not guilty" when you are arraigned. You can just let the ...
by Simon Borys
Thu Jun 24, 2010 12:32 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

The fact that the envelope was not sealed is irrelevant. With respect to the officers notes, does your inability to read all of them impair your ability to make a defence? If so, request a typed copy, if not, don't bother. With respect to "more" disclosure, what are you looking for specifically and why? There is plenty of case law on the fact that ...
by Simon Borys
Tue Jun 22, 2010 11:56 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'm not sure if you question is purely academic or not, but if you are concerned that this might happen, don't be. It doesn't work that way. If you are being tried on a specific charge you can suddenly start to be tried on a different charge when you're already in the trial. If they want they can drop a charge altogether and lay a new charge ...
by Simon Borys
Tue Jun 22, 2010 11:53 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: "114 in an 80" - No way
Replies: 13
Views: 3454

Re: "114 in an 80" - No way

There is no mention, inthe template of radar/lidar manual, should I add this? Is there anything else missing from the template, that I should ask for?

Only ask for things that are relevant to your defence. Don't waste your time, or the court's, by using disclosure requests as a fishing expedition. Do you have a specific reason for wanting the ...
by Simon Borys
Mon Jun 21, 2010 2:48 pm
Forum: General Talk
Topic: motorcycle handlebar laws
Replies: 15
Views: 22141

Re: motorcycle handlebar laws

The specs about handlebars isn't in the HTA, it's in O/Reg 596
http://www.e-laws.gov.on.ca/html/regs/e ... .htm#s10s1
by Simon Borys
Mon Jun 21, 2010 1:45 am
Forum: General Talk
Topic: Received ticket this evening - woould like opinions
Replies: 10
Views: 2375

Re: Received ticket this evening - woould like opinions

Like I said, if you apply for disclosure you will have a better idea of what evidence they intend to present as to the "improperness" of you muffler.
by Simon Borys
Sun Jun 20, 2010 10:11 am
Forum: General Talk
Topic: Received ticket this evening - woould like opinions
Replies: 10
Views: 2375

Re: Received ticket this evening - woould like opinions

No, Section 75 is the muffler section. The charge of Improper Muffler would be appropriate for all muffler issues. Schedule 1 is not a charge section, it is just a list of requirements and prohibitions. Also, I would suggest that the section provided here does not apply if the exhaust is vented out to the side of the vehicle like you see on some ...
by Simon Borys
Sat Jun 19, 2010 11:39 pm
Forum: General Talk
Topic: Received ticket this evening - woould like opinions
Replies: 10
Views: 2375

Re: Received ticket this evening - woould like opinions

I would request disclosure and review it before you speak with the prosecutor. From what you're describing, it sounds like there are no grounds for the charge. Where it exits is irrelevant. One thing I would ask though: is your muffler really loud? How was the officer's attention drawn to your vehicle?
by Simon Borys
Sat Jun 19, 2010 8:19 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136 on 401 - disclosure received - looking for advice
Replies: 5
Views: 2848

Re: 136 on 401 - disclosure received - looking for advice

Minor discrepancies like number of occupants or whether you were asked if you were aware of the speed limit are not really relevant to your defence, since they are not facts in issue to the charge of speeding. You could poke at them during your cross examination but the officer will likely give evidence consistent with what was in his notes and ...
by Simon Borys
Sat Jun 19, 2010 8:12 am
Forum: Failing to slow and carefully pass a stopped emergency vehicle
Topic: Urgent Help needed, thank you.
Replies: 2
Views: 3763

Re: Urgent Help needed, thank you.

It would be helpful if you posted the section number under which you were charged.
by Simon Borys
Sat Jun 19, 2010 8:00 am
Forum: Compulsory Automobile Insurance Act
Topic: General Rule for Insurance Increase
Replies: 3
Views: 2081

Re: General Rule for Insurance Increase

I think this really depends on your particular insurance company and your particular policy. My personal opinion is that everything causes an insurance increase, even getting no tickets. Last year my policy went up. When I called them and asked why they said, "General rate increase." Whatever...
by Simon Borys
Thu Jun 17, 2010 9:26 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 29/KM over in a 50, First ticket. Help Me Fight it!
Replies: 10
Views: 3672

Re: 29/KM over in a 50, First ticket. Help Me Fight it!

Thoughts:
He really went on about how he lowered it and how fast I was going. I really didn't think I was going 93, I suppose everyone says that tho. It almost felt like he was stretching the truth a little bit though. I feel they lower it so people with just pay and not argue.
Of course he went on about lowering it. He wants you to pay it so he ...