Search found 2111 matches

by Stanton
Sun Apr 22, 2012 8:30 am
Forum: Improper left turn
Topic: Turn not in safety - Collision - Please help!
Replies: 3
Views: 3591

Re: Turn not in safety - Collision - Please help!

Unlike some other Provinces and States, its NOT illegal in Ontario to pass on a solid yellow line. The centre lines on roadways are considered more for reference and are not legally enforceable. There are some laws that limit where you can pass (i.e. no passing within 30 meters of a bridge, tunnel or railway crossing), but its otherwise lawful ...
by Stanton
Sat Apr 21, 2012 7:39 am
Forum: Driving While Suspended
Topic: driving with suspended liscense 3rd time
Replies: 8
Views: 7207

Re: driving with suspended liscense 3rd time

so if they issue the committal warrant , does the police come to your home to get you or if you are stopped again
they take you ??

Either is possible. Once a warrant has been issued police can arrest you at any time.

I'd strongly suggest attending Court, talking with the Crown and requesting leniency from the JP during sentencing. You may be ...
by Stanton
Sat Apr 21, 2012 7:31 am
Forum: Summon
Topic: Issued Summons - court closed!! What to do next?
Replies: 5
Views: 4444

Re: Issued Summons - court closed!! What to do next?

Not sure how an error on the summons would help you fight it in Court. It's not like a regular ticket, where certain errors are fatal and can cause the charge to be thrown out.

The officer at your house most likely is trying to issue you a corrective summons, with the correct Court date on it. I'd suggest attending on the correct date and try for ...
by Stanton
Thu Apr 19, 2012 12:51 pm
Forum: Improper right turn
Topic: improper use of turn signal...but not really!!
Replies: 12
Views: 8426

Re: improper use of turn signal...but not really!!

Id disagree with you on a few points.

You suggest the OP was arbitrarily detained which I dont believe is the case. Arbitrary detention is in essence a fishing expedition, a random stop where there is no evidence of an offence. I think even the OP understood (if not directly told) that the officer was investigating the fact he was observed talking ...
by Stanton
Wed Apr 18, 2012 9:37 pm
Forum: General Talk
Topic: Does section 78.1 include paper?
Replies: 12
Views: 3152

Re: Does section 78.1 include paper?

The officer probably genuinely believed you were talking on a cell phone. You have to keep in mind many people stopped by the police arent honest and will give every excuse under the sun to get out of a ticket.

In terms of Court, its not your job to prove you werent on a cell phone, but rather the Crowns job to prove that you were. While theres ...
by Stanton
Wed Apr 18, 2012 2:05 pm
Forum: Improper right turn
Topic: Right on red at 5 point intersection
Replies: 5
Views: 3328

Re: Right on red at 5 point intersection

I agree with your wife. From what I can see with Street View, Niagara Street starts on the far side of the intersection. You'd be proceeding through the intersection on a red, making it illegal.
by Stanton
Tue Apr 17, 2012 5:52 pm
Forum: Courts and Procedure
Topic: Fatal Error: only first initial of given name?
Replies: 2
Views: 1870

Re: Fatal Error: only first initial of given name?

Not sure if first initial only constitutes a fatal error, but Ontario convictions DO appear on New York and Michigan licences.
by Stanton
Mon Apr 16, 2012 10:46 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Mississauga
Replies: 4
Views: 8479

Re: Red Light Camera Ticket - Mississauga

Failing to stop for a red light is what's known as an absolute liability offence. Basically, the Court will only really be interested in whether you stopped or not, not the reason why. A mechanical defect is not a defence in my opinion for such an offence. Even if such the Court were to accept it as a defence, you would need some very strong ...
by Stanton
Mon Apr 16, 2012 4:53 pm
Forum: General Talk
Topic: Does section 78.1 include paper?
Replies: 12
Views: 3152

Re: Does section 78.1 include paper?

While the article states that certain activities like eating or adjusting the radio can be dangerous, it doesn't actually state that they're illegal. You could possible be charged with careless, but there would have to be some evidence supporting this (i.e., weaving in and out of lanes cause you have both hands on your sandwich instead of the ...
by Stanton
Mon Apr 16, 2012 4:47 pm
Forum: Parking Tickets
Topic: Disability Parking Permit
Replies: 2
Views: 4475

Re: Disability Parking Permit

While parking rules can vary from town to town, Ive never heard of accessible parking permits granting carte blanche. I believe they simply entitle you to park in designated accessible parking spots.
by Stanton
Mon Apr 16, 2012 3:54 pm
Forum: Careless Driving
Topic: why careless
Replies: 1
Views: 1564

Re: why careless

Typically when a careless driving charge is laid instead of follow too close, its due to a lack of evidence to support the latter charge. The Courts have ruled, simply striking a car from behind is insufficient evidence for a conviction. There needs to be some type of evidence showing that the driver wasnt leaving sufficient room above and beyond ...
by Stanton
Mon Apr 16, 2012 3:50 pm
Forum: General Talk
Topic: Does section 78.1 include paper?
Replies: 12
Views: 3152

Re: Does section 78.1 include paper?

No, a piece of paper is not considered a hand held electronic device. :)

If the Court believes you, that should certainly be sufficient to beat the charge.
by Stanton
Mon Apr 16, 2012 3:48 pm
Forum: Following too closely
Topic: follow too closely on an umarked cop car
Replies: 1
Views: 2872

Re: follow too closely on an umarked cop car

I'd certainly talk with the Crown about a plea deal, hopefully get one or more of the charges dropped in exchange for a plea. Just FYI, having a valid insurance card now isn't really relevant in Court, since the charge is for not having it at the time of the stop.
by Stanton
Mon Apr 16, 2012 3:44 pm
Forum: Courts and Procedure
Topic: "late filed by police officer" what else do I need to do?
Replies: 1
Views: 1805

Re: "late filed by police officer" what else do I need to do

Yes, if the charge was filed too late, the Courts will not proceed with it.
by Stanton
Sun Apr 15, 2012 5:27 pm
Forum: General Talk
Topic: Fail To Surrender Permit 7(5)(a)
Replies: 5
Views: 7796

Re: Fail To Surrender Permit 7(5)(a)

Yes, they will obtain a full copy of the officer's notes prior to making any type of plea deal.