Search found 1065 matches

by Simon Borys
Tue Jun 01, 2010 10:02 pm
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 collis

Is it against the law for a cyclist to bike on the sidewalk or through a crosswalk where there is no bicycle path in the GTA? Does the glare on my windshield somehow make me innocent? Do the witnesses testimonies become void knowing that the police did not interview all witnesses (ie: the one in my vehicle)

It is against the law for cyclists to ...
by Simon Borys
Tue Jun 01, 2010 4:54 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, there is a new article on my blog about Roadside Alcohol Suspensions: Bill 203 explained.

http://simonborys.wordpress.com/2010/06 ... explained/
by Simon Borys
Tue Jun 01, 2010 4:53 pm
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

It shouldn't. That box is supposed to be used if there are civilian witnesses, but they're probably referring to the other officer in this case.
by Simon Borys
Mon May 31, 2010 9:54 pm
Forum: Driving While Suspended
Topic: cancelled licence but had no idea
Replies: 2
Views: 9040

Re: cancelled licence but had no idea

After i recieved my ticket the officer gave me back my "cancelled" drivers licence and told me i could drive to my friends house and figure out a ride from there...is this proper protocol?

No, he gave you a break.

This happens a lot because the right hand doesn't talk to the left. You deal with your fines and suspension through the courts, but ...
by Simon Borys
Mon May 31, 2010 12:51 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

If you take your matter to court you may fight one or both of the tickets. If you fight both, they will both be dealt with at the same time, since they are arising out of the same instance.

For the procedure, check out the articles on www.ontarioticket.com and elsewhere on this forum, you can find most of your answers there.
by Simon Borys
Sun May 30, 2010 6:45 pm
Forum: General Talk
Topic: Falsely accused of hitting a car while backing from driveway
Replies: 31
Views: 11231

Re: Charter - s.8? Is that real important?

Biron wrote:I would advise you to file a complaint, but you would be wasting your time; you see, the complaint is reviewed by themselves. :roll:
No they don't. Complaints are now reviewed by the OIPRD.
by Simon Borys
Sun May 30, 2010 6:20 pm
Forum: Compulsory Automobile Insurance Act
Topic: Insurance valid when buying a used car?
Replies: 5
Views: 3586

Re: Two to Tango

You can register/attach old plates to a newly bought vehicle, even if you still own the old vehicle, however, the old vehicle's ownership (registration/permit) should indicate that the vehicle is unplated and the plates registered as unattached.

Seriously? You just advised him to commit the offence of driving with plates not authorized for his ...
by Simon Borys
Sun May 30, 2010 6:15 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(8) I got a ticket for running a red... on an amber?
Replies: 34
Views: 12658

Re: 144(8) I got a ticket for running a red... on an amber?

Don't worry about what type of questions you can and can't ask. The JP will keep you on track. In my experience they're usually good about it because they know you're not familiar with the rules.

I would suggest that you should definitely anticipate the officer will stick to his evidence on cross examination. He's not likely to chance his story ...
by Simon Borys
Sun May 30, 2010 5:31 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(8) I got a ticket for running a red... on an amber?
Replies: 34
Views: 12658

Re: 144(8) I got a ticket for running a red... on an amber?

To answer your question about the basic trial format, the crown calls it's witnesses to prove it's case, then you get a chance to cross, then you call your witnesses to raise a defence, then the crown crosses. Then comes final submissions and then the verdict. After that you both have the opportunity to make a submission as to penalty.
by Simon Borys
Sun May 30, 2010 1:16 pm
Forum: Careless Driving
Topic: Swerved to avoid animal then charged with Careless driving
Replies: 14
Views: 11807

Re: Not careless

What you describe is quite common. You should have not been charged and, in my opinion the police officer acted negligently. There is Supreme Court case law directing that police officers may be liable for damages when charging someone and failing to conduct a proper investigation.

Why should he not have been charged? How did the officer not ...
by Simon Borys
Sun May 30, 2010 1:06 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 160km/h on the QEW Niagara going to Hamilton
Replies: 18
Views: 10337

Re: 160km/h on the QEW Niagara going to Hamilton

It might cast doubt on the accuracy of the officer's evidence, if you can suggest that it was not your vehicle he say. However if he says that he saw your vehicle, measured its speed, then stopped you without losing sight of the vehicle, the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things ...
by Simon Borys
Sun May 30, 2010 1:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(8) I got a ticket for running a red... on an amber?
Replies: 34
Views: 12658

Re: Fail to stop amber or red light are two different charge

You have a very good chance of prevailing in court
Based on what? Nothing in the rest of your post gives any indication of why you believe this.


Now when he asked why you ran that light and you answered 'just stupidity', you prove the offence of fail to stop at an amber light.
How so?


But do not worry, they can not legally change the ...
by Simon Borys
Sun May 30, 2010 12:51 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for a school bus - what are my chances?
Replies: 3
Views: 6580

Re: Failed to stop for a school bus - what are my chances?

If you or your witnesses do not plan to attend at your trial, it would be useless to hire a representative.

Not at all. The purpose of hiring a licenced representative to take the issue to trial is to ensure that the crown can prove their case beyond a reasonable doubt, not to "get the person off". The representative can ensure the crown does ...
by Simon Borys
Sun May 30, 2010 12:45 pm
Forum: General Talk
Topic: Court of Appeal sets things right on traffic offences
Replies: 18
Views: 5255

Re: Court of Appeal sets things right on traffic offences

You're missing the point of the way that police allow people to exercise their right to retain and instruct counsel. It's not about providing them with the best way to access counsel, it's about providing them with a sufficient way to do so without negatively affecting their investigation.

They don't just give people a phone and tell them to call ...
by Simon Borys
Fri May 28, 2010 10:15 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 6773

Re: Am Devastated with Speeding Charge

The heat and air conditioning doesn't affect the moving radar, which I'm assuming is what was used to capture your speed if the cruiser was moving in the opposite direction.

Check out the articles on www.ontarioticket.com and this forum for how to fight your ticket and request disclosure, then post here if you still have any questions.