Search found 2111 matches

by Stanton
Sat Dec 26, 2015 9:00 pm
Forum: General Talk
Topic: Ontario Regulations (O. Reg.) related to HTA
Replies: 2
Views: 1919

Re: Ontario Regulations (O. Reg.) related to HTA

There's probably 80 or so regulations under the HTA.

The link that you posted doesn't work correctly. When I copy and paste it the 190 results include many Acts that simply mention or reference the HTA, but aren't releavent to it.

Probably the simplest way to find them is to check the regulation list on the Ontario e-laws page or CanLII.

e-laws ...
by Stanton
Sat Dec 26, 2015 5:56 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Laws regarding traffic signs
Replies: 4
Views: 2929

Re: Laws regarding traffic signs

The Highway Traffic Act has a regulation that spells out the requirements for signs. It can be found here: https://www.canlii.org/en/on/laws/regu/rro-1990-reg-615/latest/rro-1990-reg-615.html

Probably the most relevant part to your situation would be section 2 which states the following:
2. (1) Subject to section 4, where a maximum rate of speed ...
by Stanton
Sat Dec 26, 2015 11:37 am
Forum: General Talk
Topic: Unpaid Ticket
Replies: 7
Views: 2798

Re: Unpaid Ticket

karra wrote:Don't sweat this - the 15 mentioned is only to get the ticket into the system as quickly as possible and have it dealt with - in actual fact you have 44 days to respond.
I'm not sure what you're basing this on. As Daggx said the process typically takes longer then 15 days, but there's no legal guarantee that you have longer then that to respond.
by Stanton
Fri Dec 25, 2015 4:31 pm
Forum: General Talk
Topic: Section 37(1) - Drivers under 16 prohibited
Replies: 8
Views: 3560

Re: Section 37(1) - Drivers under 16 prohibited

A disqualified driver is someone who's prohibited from driving as a result of a criminal or provincial driving related offence. Being unlicenced is different from being a prohibited/suspended driver.
by Stanton
Fri Dec 18, 2015 11:42 pm
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 10247

Re: No light on bike after dark

The officer also didn't note what time sunset was and given the offence's specificity on time, I'm hoping to use this try at reasonable doubt.
As I believe Jsherk is suggesting above, that will be somewhat dependent on what time the offence actually took place at. For instance if your friend was stopped at 1 a.m. the Justice of the Peace will no ...
by Stanton
Fri Dec 18, 2015 8:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Dash cam video
Replies: 6
Views: 2830

Re: Dash cam video

Observer135 wrote:Followup question: have you ever seen a defendant win the case with a video evidence being presented?
The short answer is no, but that doesn't mean that a ticket is unbeatable.
by Stanton
Fri Dec 18, 2015 12:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 29km/hr over reduced to 10km/hr over
Replies: 26
Views: 8473

Re: 29km/hr over reduced to 10km/hr over

Also keep in mind that most radar units can be set to measure the speed of the fastest vehicle even if it's not the strongest signal (i.e. so it would give the speed of the fast motorcycle overtaking the large, slower transport truck).

Regardless though, the officer is saying your speed was measured with a laser, not a radar, so it's kind of ...
by Stanton
Fri Dec 18, 2015 12:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Dash cam video
Replies: 6
Views: 2830

Re: Dash cam video

Yes, when defendants have gone to trial.
by Stanton
Fri Dec 18, 2015 10:54 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Dash cam video
Replies: 6
Views: 2830

Re: Dash cam video

Now, what I found rather odd/interesting is that, they never played any of the videos to the end when the driver is actually pulled over.
Furthermore, why offer a reduced charge when you have a bullet proof evidence? It just puzzles me, but that is not my question...

So my question is, has anyone actually seen someone or themselves pleaded not ...
by Stanton
Thu Dec 17, 2015 4:09 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Avoiding an accident
Replies: 10
Views: 3244

Re: Avoiding an accident

Your explanation would not constitute a legal defence. You're basically strengthening the Crown's case as to why you should have made a full and proper stop and fully admitting the offence.
by Stanton
Thu Dec 17, 2015 10:50 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Avoiding an accident
Replies: 10
Views: 3244

Re: Avoiding an accident

I'm not following your explanation. Are you saying the parked car was to your right at the intersection? If so, I'm not sure how that would justify you not stopping.
by Stanton
Mon Dec 14, 2015 11:11 am
Forum: General Talk
Topic: Officer issued wrong ticket to me
Replies: 14
Views: 4672

Re: Officer issued wrong ticket to me

Personally I would NOT tell the police and would NOT tell the clerk of the court and would NOT tell the prosecutor about the mistake as they can re-issue the ticket within 6 months by summons.


I know this is a possibility, but the actual chances of this happening are slim to nil. Realistically unless the charge is something serious or the ...
by Stanton
Sun Dec 13, 2015 3:47 pm
Forum: General Talk
Topic: Officer issued wrong ticket to me
Replies: 14
Views: 4672

Re: Officer issued wrong ticket to me

The name,address ,Drivers Licence # are all incorrect-just wondering if officer punched in wrong DL would that generate the entire print out to be wrong or does he imput all the info-name ect. Thanks

For computerized tickets the officer just swipes your licence through a card reader and the ticket is automatically filled in. I'm guessing they ...
by Stanton
Wed Dec 09, 2015 10:54 am
Forum: Courts and Procedure
Topic: Never talk to the police & Know your rights
Replies: 27
Views: 13636

Re: Never talk to the police & Know your rights

Here's the results from a University of Waterloo study on saying "sorry" when stopped: http://www.therecord.com/news-story/2578805-stopped-for-speeding-try-saying-sorry-u-of-waterloo-researchers-suggest/

Two University of Waterloo social psychology researchers decided to tackle the topic, asking more than 1,000 people in Canada and the U.S. how ...
by Stanton
Mon Dec 07, 2015 10:12 am
Forum: Failing to lower headlamp beams
Topic: Failure to Use Low Beams - Following
Replies: 8
Views: 4837

Re: Failure to Use Low Beams - Following

Confidential information such as other peoples addresses, date of births, etc. are always a vetted out. Information also not pertaining to your traffic stop would also be vetted out. Some officers even vet out the accused personal information, though I think that's overkill.

If the vetted out information is before and after your stop I wouldn't ...
by Stanton
Sun Dec 06, 2015 8:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: technical radar question
Replies: 29
Views: 6713

Re: technical radar question

EDIT:I can't get my head around how the something as simple as target speed can change the frequency of a radar signal. Gonna have to google how radar works in a little depth.
Probably one of the best analogies is from the wikipedia page on doppler radar:
Imagine a baseball pitcher throwing one ball every second to a catcher (a frequency of 1 ...
by Stanton
Sun Dec 06, 2015 3:52 pm
Forum: Police Training and Education
Topic: Do officers know about dismissed tickets?
Replies: 4
Views: 4906

Re: Do officers know about dismissed tickets?

Are you saying that even though the person was not charged for an offence (went to court and charge was dismissed) there is a history on his/her driving record that shows as such?
I understand there is a court record, but that is not what the officer has access to on the side of the road.

A basic MTO query of a driver's licence will only show ...
by Stanton
Sun Dec 06, 2015 8:13 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: technical radar question
Replies: 29
Views: 6713

Re: technical radar question

Radar does emit a rather wide "beam", so it's possible that it would be striking your cab and trailer at the same time. Unlike laser though, radar isn't measuring the time it takes for the signal to be returned. Radar works by emitting a signal at a known frequency. When the signal strikes a moving object, it gets reflected back at a different ...
by Stanton
Fri Dec 04, 2015 6:46 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 35-40 over but not issued a ticket
Replies: 3
Views: 2591

Re: 35-40 over but not issued a ticket

Did the officer say he was going to charge you? I don't see why he wouldn't have simply issued you a ticket at the time he had you stopped if that was his intention. It sounds like you simply got a warning. And FYI you don't have to sign anything at the side of the road when you get a ticket.
by Stanton
Fri Dec 04, 2015 6:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 18716

Re: truly was not speeding

Then there is also the fact that the 50 signs are placed too far apart.

Just on this point, keep in mind that the HTA sets a default speed limit of 50 km/hr within a municipality or built up area and 80 km/hr elsewhere. Improper signage wouldn't be a defence unless the limit was different then the default speed set by the HTA. It sounds from ...
by Stanton
Fri Dec 04, 2015 6:34 pm
Forum: Police Training and Education
Topic: Do officers know about dismissed tickets?
Replies: 4
Views: 4906

Re: Do officers know about dismissed tickets?

Typically, at the side of the road, police will simply check your licence history which shows your convictions and suspensions only. If they want to dig a little more, most (if not all) police services in Ontario now keep computerized records of any traffic stops and/or charges. These police records aren't necessarily updated to show the outcome of ...
by Stanton
Wed Dec 02, 2015 9:56 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket in Quebec
Replies: 2
Views: 2233

Re: Speeding ticket in Quebec

It would be the Ontario equivalent, so 3 points.
by Stanton
Tue Dec 01, 2015 10:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 18716

Re: truly was not speeding

Most likely you were convicted under section 9.1 of the Provincial Offences Act. When you fail to attend Court its deemed that youre no longer disputing your charge. If thats the case there wouldnt have been any trial and therefore no evidence entered against you. It sounds like you simply need to request that the matter reopened, not appealed. Can ...
by Stanton
Fri Nov 27, 2015 7:32 am
Forum: Failing to lower headlamp beams
Topic: 2 Tickets Same Time, Different Courthouses
Replies: 9
Views: 4196

Re: 2 Tickets Same Time, Different Courthouses

Police in Ontario can enforce the law anywhere within the Province, not just the municipality in which they are employed. Since some of these services patrol large areas that might fall under multiple Court jurisdictions, they carry multiple offence notices for each jurisdiction. Im guessing it was simply an error on the officers part issuing you ...
by Stanton
Wed Nov 25, 2015 7:33 am
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 10247

Re: No light on bike after dark

Depending on the jurisdiction, sidewalks would likely be included under the HTA definition of highway

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area ...
by Stanton
Wed Nov 25, 2015 7:23 am
Forum: Failing to lower headlamp beams
Topic: Failure to Use Low Beams - Following
Replies: 8
Views: 4837

Re: Failure to Use Low Beams - Following

I get it on motorcycles for the extra visibility, but it bugs me when some oblivious motorists drive around with their highbeams on in the middle of the day. Even on bright days highbeams can still be blinding and distracting.
by Stanton
Tue Nov 24, 2015 10:32 pm
Forum: Failing to lower headlamp beams
Topic: Failure to Use Low Beams - Following
Replies: 8
Views: 4837

Re: Failure to Use Low Beams - Following

Interesting, the section does read "when on a highway at any time when lighted lamps are required to be displayed on vehicles" which would seem to indicate it only applies during the required times (one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions ...
by Stanton
Tue Nov 24, 2015 10:18 pm
Forum: General Talk
Topic: Broken Ankle
Replies: 1
Views: 1518

Re: Broken Ankle

No, there is no legal requirement that would prevent you from driving.

If you have a medical condition that might render you unfit to drive, your doctor has a legal obligation to notify the Ministry who may in turn suspend your licence until your issue is resolved. In your case though a broken left ankle obviously wouldnt impact your operation of ...
by Stanton
Thu Nov 19, 2015 11:08 am
Forum: Improper use of high occupancy vehicle lane
Topic: 3 Person HOV Lane Car only hold 2 pepole
Replies: 7
Views: 3572

Re: 3 Person HOV Lane Car only hold 2 pepole

I'm pretty sure section 154.1 of the HTA only applies to HOV lanes on designated King's Highways. I don't believe Yonge Street is considered a King's Highway so the section wouldn't apply. The officer should have charged you under a Toronto bylaw instead.
by Stanton
Sun Nov 08, 2015 2:21 pm
Forum: General Talk
Topic: My Run in with HTA 172
Replies: 6
Views: 2157

Re: My Run in with HTA 172

It entirely depends on the strength of the Crowns case. Thats why its advisable to have an experienced paralegal or lawyer review the evidence against you to make that determination. If theres a good chance of beating the charge then its certainly worth taking to trial. If not then a plea deal to a lesser offence is probably best.