Search found 2111 matches

by Stanton
Mon Apr 02, 2012 7:16 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 7985

Re: Pedestrian on sidewalk

So this spawns another question. In my situation the officer had a setup on the sidewalk, a Lidar unit of some sort (no disclosure yet) on a tripod. Is there something in the HTA or a Toronto by-law that probits establishing a stationary setup on a sidewalk?

Nope. And FYI couldn't see anything on streetview. Can you confirm which intersection ...
by Stanton
Sat Mar 31, 2012 7:02 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 7985

Re: Pedestrian on sidewalk

There are lots of municipal bylaws that are redundant to HTA offences. Two common examples that posters here frequently plead out to are failing to stop for a stop sign and disobeying a sign for a prohibited turn. This obviously varies from one municipality to the next.

So if you fail to yield the right of way to a pedestrian on a sidewalk and ...
by Stanton
Sat Mar 31, 2012 11:21 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: I believe the Radar Gun clocked the car ahead of me
Replies: 5
Views: 2529

Re: I believe the Radar Gun clocked the car ahead of me

Date of infraction, so if you're convicted two years after the offence, the demerit points will never be applied.
by Stanton
Fri Mar 30, 2012 10:18 pm
Forum: General Talk
Topic: Suspension and Judgement under HTA
Replies: 12
Views: 4987

Re: Suspension and Judgement under HTA

It would be covered by the Highway Traffic Act and the Drivers Licence Regulation (340/94). Relevant sections under the HTA would be 32 and 53, and probably lots of sections under the OReg.
by Stanton
Fri Mar 30, 2012 10:04 pm
Forum: Compulsory Automobile Insurance Act
Topic: Insurance
Replies: 8
Views: 4260

Re: Insurance

The act states the vehicle owner, not registered owner. It's right at the beginning under Section 2 of the CAIA. I'm sure it's worded this way to prevent a loophole for non registered vehicle owners.

Under your example, if the Crown entered the bill of sale as evidence and/or a statement from a previous owner regarding the sale, it would probably ...
by Stanton
Fri Mar 30, 2012 10:02 pm
Forum: General Talk
Topic: Suspension and Judgement under HTA
Replies: 12
Views: 4987

Re: Suspension and Judgement under HTA

I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in ...
by Stanton
Fri Mar 30, 2012 9:28 pm
Forum: Red Light Camera Ticket
Topic: Driving 80 km speed through the red light camera
Replies: 12
Views: 4117

Re: Driving 80 km speed through the red light camera

Well technically I believe the HTA still contains all the relevant legislation for photo radar, where the ticket is mailed to the vehicle owner, its just no longer enforced. Regardless, Im not aware of any legislation that would allow the speed reading taken by red light cameras to be used for a speeding charge.
by Stanton
Fri Mar 30, 2012 6:02 pm
Forum: Red Light Camera Ticket
Topic: Driving 80 km speed through the red light camera
Replies: 12
Views: 4117

Re: Driving 80 km speed through the red light camera

The red light ticket isn't sufficient evidence in itself to charge you with speeding.
by Stanton
Fri Mar 30, 2012 5:59 pm
Forum: Traffic Offences Outside Ontario
Topic: Caught using a cellphone in Quebec
Replies: 3
Views: 2868

Re: Caught using a cellphone in Quebec

Do you guys think i have a valid case or should i just go ahead and pay the fine and accept the demerits?

Thanks in advance

As Bear said, under Ontario law that would still be sufficient for a conviction. In Ontario, you have to be legally parked, not just stopped on the roadway to use your phone. Futhermore, police simply need to show that you ...
by Stanton
Fri Mar 30, 2012 5:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket but officer did not put down a fine amount
Replies: 2
Views: 2085

Re: Speeding ticket but officer did not put down a fine amou

That type of error should result in your ticket just being thrown out. Do a search on the forum for London v Young and the default/appeal process. If the JP fails to notice the error and convicts you, you'll have to do a little more work, but it should still get tossed. You do NOT want to go to trial for this type of error.
by Stanton
Fri Mar 30, 2012 5:49 pm
Forum: Parking Tickets
Topic: Parking ticket from "Developer maintained - Unassumed road"
Replies: 13
Views: 10341

Re: Parking ticket from "Developer maintained - Unassumed ro

I guess the question is how much information does he need from his notes for Court? I would think for the offence you've been charged with, all the relevant information would be on the ticket itself, which the bylaw officer can refer to in Court. He would just need to cover off time, location and vehicle. In regards to the officer # error, if it's ...
by Stanton
Fri Mar 30, 2012 5:44 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian on sidewalk
Replies: 12
Views: 7985

Re: Pedestrian on sidewalk

Sidewalks are within the lateral property lines of the roadway which the municipality owns however the HTA doesn't define it's use very well. We all know it's illegal to drive your vehicle along a sidewalk but there's no offence for this under the HTA.

There may not be a charge that specifically states "Do not drive on sidewalk", but there's ...
by Stanton
Fri Mar 30, 2012 5:34 pm
Forum: Improper left turn
Topic: Illegal Left Turn ticket
Replies: 1
Views: 2638

Re: Illegal Left Turn ticket

I felt it was a bit extreme. I remember quickly going into the extreme left. I would like to fight this ticket.

You'll have to show in Court that you made a lawful turn into the correct lane and then made a lawful lane change afterwards. If you were just cutting through the far left lane during the course of your turn, I would say that isn't ...
by Stanton
Mon Mar 26, 2012 9:56 am
Forum: Driver failing to wear a seat belt
Topic: Red light Fail to stop
Replies: 5
Views: 3289

Re: Red light Fail to stop

To the best of my knowledge youre not allowed to take off your seatbelt at red lights. The Courts have ruled that youre still driving the vehicle even if momentarily stopped. The case law relating to this is York Municipality v Tassone. If you have a medical reason to not wear your seatbelt, you should get a note from your doctor exempting you.

I ...
by Stanton
Mon Mar 26, 2012 9:54 am
Forum: Prohibited turns
Topic: Left turn into parking lot "prohibited u-turn"?
Replies: 2
Views: 3174

Re: Left turn into parking lot "prohibited u-turn"?

From your description I would say you did not make a u-turn.