Search found 1065 matches

by Simon Borys
Tue Jun 08, 2010 10:24 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 60km/h in a 40km/h and want to fight - need help
Replies: 15
Views: 6185

Re: 60km/h in a 40km/h and want to fight - need help

I think that, with regards to the issues you have posted already, OPS Copper and Radar Identified have (rather bluntly) already addressed them and I don't have anything to add. Also, the missing 'R' is not enough of an issue to build a defence around.

The only other thing I can think to suggest, if you are of the opinion that you weren't acually ...
by Simon Borys
Tue Jun 08, 2010 10:01 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket please.
Replies: 8
Views: 3238

Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple

I have a few issues with the situation. First, I was driving home from working the night shift (got off at 7). Second, there was ideal weather and there was very little traffic (but the traffic was going around 70). Next, I don't believe the officer had a radar gun, I believe he used his speedometer. Lastly, I felt pressured by the officer to ...
by Simon Borys
Mon Jun 07, 2010 8:25 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 60km/h in a 40km/h and want to fight - need help
Replies: 15
Views: 6185

Re: 60km/h in a 40km/h and want to fight - need help

Wrong track I think, if your suggesting one mistake might have led to another without their being a direct and articulable link between the two issues. Every police officer makes mistakes and I don't think the court will automatically accept that that fact means the rest of your ticket wasn't proper or correct.
by Simon Borys
Mon Jun 07, 2010 6:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 60km/h in a 40km/h and want to fight - need help
Replies: 15
Views: 6185

Re: 60km/h in a 40km/h and want to fight - need help

The ticket should indicate whether it was reduced but that is not a fatal error.
by Simon Borys
Mon Jun 07, 2010 12:04 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: clocked wille passing
Replies: 14
Views: 4157

Re: clocked wille passing

The speed limit is the limit, not the minimum or average. It's an unfortunate situation, since you weren't driving at that speed for long, but I don't think it's unwarranted. That's my opinion.
by Simon Borys
Mon Jun 07, 2010 10:44 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: First ticket ever - Failure to Stop - How to proceed?
Replies: 9
Views: 16817

Re: First ticket ever - Failure to Stop - How to proceed?

You can hire someone at any point in the process. It really depends on how comfortable you are with the process and with representing yourself.
by Simon Borys
Sun Jun 06, 2010 3:35 pm
Forum: General Talk
Topic: Blog of a Former Police Officer
Replies: 22
Views: 7983

Re: Blog of a Former Police Officer

If you are interested in reading more about Richardson v. Sanayhie, the case dealing with civil liability for designated drivers, you can read my review of it here.

http://simonborys.wordpress.com/2010/06 ... d-drivers/
by Simon Borys
Sat Jun 05, 2010 3:29 pm
Forum: General Talk
Topic: The Loud Muffler Backlash Begins...
Replies: 18
Views: 6779

Re: The Loud Muffler Backlash Begins...

I agree that those aren't the problem people, but I've dealt with plenty of Outlaw Bikers who flout the noise laws with their Harley's and an audiometer would be good for them.
by Simon Borys
Fri Jun 04, 2010 9:55 pm
Forum: General Talk
Topic: The Loud Muffler Backlash Begins...
Replies: 18
Views: 6779

Re: The Loud Muffler Backlash Begins...

I like it! They're going to use sound meters so it takes away the ambiguity that we have in the HTA where it's totally up to the officer's discretion. Why leave it to discretion when you have the technology to measure it accurately.
by Simon Borys
Fri Jun 04, 2010 2:33 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Probation/community service for speeding 50+ over
Replies: 1
Views: 3430

Re: Probation/community service for speeding 50+ over

Yes, it's a Provincial Offences Act Probation Order. It's not common but I've seen it used before. Though usually it was in order to place specific terms on someone, like "Not to occupy the driver's seat of a motor vehicle" or "Obey a curfew of...", where the crown felt those terms were necessary to keep the person from committing the same or ...
by Simon Borys
Thu Jun 03, 2010 6:13 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: First ticket ever - Failure to Stop - How to proceed?
Replies: 9
Views: 16817

Re: First ticket ever - Failure to Stop - How to proceed?

If the video evidence contradicts the charge that was laid, the ticket will be withdrawn and it is unlikely they will bother laying another information for the correct charge.

Also, none of the errors on the ticket sound fatal. If you take it to trial the prosecutor can request that they be amended. However, if it is not a trial situation (i.e. a ...
by Simon Borys
Wed Jun 02, 2010 9:10 pm
Forum: General Talk
Topic: Disable parking ticket
Replies: 1
Views: 1571

Re: Disable parking ticket

The officer can either retain the permit until the completion of court proceedings or return it to the MTO (that's what I always did, that way you're not responsible for it). If it has been returned to the MTO it has been canceled. If it is held until the completion of the court proceedings a determination would be made after that. Cancellation is ...
by Simon Borys
Wed Jun 02, 2010 6:37 pm
Forum: Failing to report a collision to a police officer
Topic: HTA s.199 - Duty to Report Accident
Replies: 23
Views: 33039

Re: HTA s.199 - Duty to Report Accident

No MVC report = non reportable collision, therefore, no ticket. That's just lazy to claim it is over $1000 for the purpose of the ticket but under so you don't have to complete and MVC.
by Simon Borys
Wed Jun 02, 2010 12:23 am
Forum: Improper left turn
Topic: failure to afford reasonable opportunity to avoid collision
Replies: 4
Views: 4469

Re: failure to afford reasonable opportunity to avoid collision

I don't want to give you specific legal advice on your situation. If it were me I would probably want to see the disclosure and weigh my options and perhaps seek a plea. I'm not a fan of fighting everything just out of principle,i especially if you acknowledge fault. It's a waste of the courts time and it doesn't allow people to accept ...