Search found 46 matches

by Sonic
Tue May 19, 2015 6:01 pm
Forum: General Talk
Topic: Should have NOT been pulled over!!!
Replies: 14
Views: 3946

Re: Should have NOT been pulled over!!!

The courts have upheld that motorists can be pulled over at any time to check the driver's documentation.

Agreed. In Ontario, officers can pull over any vehicle at any time to check for license, insurance, permit. They don't need any other reason other than you're behind the wheel of a motor vehicle . If there's no other valid reason for holding ...
by Sonic
Tue May 19, 2015 5:32 pm
Forum: General Talk
Topic: Should have NOT been pulled over!!!
Replies: 14
Views: 3946

Re: Should have NOT been pulled over!!!

http://www.hrcr.org/safrica/privacy/r_ladouceur.html

http://en.m.wikipedia.org/wiki/R_v_Ladouceur

My immediate thoughts when you made that initial statement were that it is a blatant Charter infringement. This case acknowledges that, unfortunately without being able to read the entire case - I cannot understand the ruling. It contradicts random ...
by Sonic
Tue May 19, 2015 2:36 pm
Forum: General Talk
Topic: Should have NOT been pulled over!!!
Replies: 14
Views: 3946

Re: Should have NOT been pulled over!!!

argyll wrote:The courts have upheld that motorists can be pulled over at any time to check the driver's documentation.
Source?
by Sonic
Thu May 14, 2015 5:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 over g2 driver - insurance & suspension
Replies: 5
Views: 3019

Re: 49 over g2 driver - insurance & suspension

Step one is to ask for a trial, and review the disclosure against you.

Given the severity that this would have on your insurance and/or licensing, I would highly recommend you hire someone to fight this for you.
by Sonic
Mon May 11, 2015 2:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 80 in a 60, disclosure not very helpful
Replies: 17
Views: 5189

Re: 80 in a 60, disclosure not very helpful

That is a VERY popular speed enforcement point for TPS: https://goo.gl/maps/7om1P

I see them there almost every single day, i'm surprised you were able to speed up that quickly after making a left turn. It's best to drive at or below the speed limit here at all times especially going eastbound.

I wish someone told me this before my trial. This ...
by Sonic
Sun May 10, 2015 6:22 pm
Forum: General Talk
Topic: on the news; license plate covers - ILLEGAL da daaaaa
Replies: 14
Views: 6346

Re: on the news; license plate covers - ILLEGAL da daaaaa

I look at it this way. I stop you and your respectful you get a warning. You become a dick on the side of the road (I get to be the judge as to who is a dick) and you get the ticket.

OPS

I think when a person is pulled over the cop has the advantage in setting the tone of the conversation as it is he/she that commences the stop . If the cop is ...
by Sonic
Sun May 10, 2015 1:18 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Question regarding appeal
Replies: 5
Views: 2737

Re: Question regarding appeal

R. v. Schlesinger was made by Justice of Peace Cuthbertson, and although his decision was well written and persuasive it is not binding at your trial. Your trial justice of peace does not have to consider it at all.

As I said earlier, it's up to the trial justice of peace whether he/she wants testing time notations. In Cuthbertson's courthouse ...
by Sonic
Sun May 10, 2015 12:46 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Question regarding appeal
Replies: 5
Views: 2737

Re: Question regarding appeal

On what grounds are you getting this appeal? What happened at the first trial? I'd be very surprised you were able to successfully appeal due to a missing second test time in the notes. There are prosecutors today getting convictions without any notations of testing times whatsoever. It's the trial JP's discretion as to whether he wants to see ...
by Sonic
Sun May 10, 2015 12:08 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Question regarding appeal
Replies: 5
Views: 2737

Question regarding appeal

Hey,

I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a new trial or an acquittal. The trial got ...
by Sonic
Sun Jul 27, 2014 4:12 am
Forum: General Talk
Topic: Impatient judge was too cranky at trial, review finds,
Replies: 1
Views: 1529

Re: Impatient judge was too cranky at trial, review finds,

This could be something of value to my speeding ticket appeal (details in other thread 'appealing a guilty plea'). Is there case law on it? I can't bring a newspaper article to appeal court.. Case law showing dismissal based on a JP's perceived bias will however allow me to overturn a decision, rather than a new trial.

Edit: Found the case law for ...
by Sonic
Mon Jul 21, 2014 7:37 pm
Forum: General Talk
Topic: Appealing after guilty plea?
Replies: 6
Views: 2133

Re: Appealing after guilty plea?

As previously mentioned, providing the exact test times in the notes is not always essential. Courts have accepted when an officer testifies that they always test the device at the end of their shift and would only make a note of things if the test failed. Bottom line: unless the officer referred to some documentary evidence that you didn't ...
by Sonic
Mon Jul 21, 2014 2:23 pm
Forum: General Talk
Topic: Appealing after guilty plea?
Replies: 6
Views: 2133

Re: Appealing after guilty plea?

Providing exact test times is not essential for speeding offences. Recent court decisions (by judges, not JPs) have been very clear on this. If the officer testifies that they tested the device BEFORE and AFTER your reading and were qualified to operate the device, then that is sufficient. Its not an 'element' of the offence to have to provide ...
by Sonic
Mon Jul 21, 2014 3:55 am
Forum: General Talk
Topic: Appealing after guilty plea?
Replies: 6
Views: 2133

Appealing after guilty plea?

Okay, so long story short...

Edit: Or not. Believe it or not I still left a lot of things out.. To try and make it shorter...

I asked for disclosure, the officer sent me disclosure. I sent an additional request for more disclosure (officers logs), I was told I had all the disclosure related to the offence. At this point I was ecstatic because the ...
by Sonic
Thu Apr 24, 2014 6:24 pm
Forum: Stunt Driving
Topic: [URGENT/SERIOUS] Goin 185 KM/H on Highway (100 Limit)
Replies: 61
Views: 26105

Re: [URGENT/SERIOUS] Goin 185 KM/H on Highway (100 Limit)

For something this serious, get an actual lawyer. Fighting a speeding ticket by yourself is one thing, fighting a stunt driving charge is way more serious and should require professional help.

Also, to all the people saying no way you can beat this - it appears you guys are just on this site to shame other people rather than help. He can challenge ...
by Sonic
Thu Apr 24, 2014 6:15 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 105KM/H in 60 KM/H Zone - Improper disclosure?
Replies: 0
Views: 2549

Speeding 105KM/H in 60 KM/H Zone - Improper disclosure?

Well, I received my disclosure today... generic disclosure, not what I requested (legible notes, etc.), but I expected this to happen for the first disclosure, as they just want to prove they had given me disclosure.

I'm pretty sure that the officer had printed out his notes now, as there is a list that goes down with Y/N's (Yes/No) and it says ...