Search found 2111 matches

by Stanton
Sun Mar 04, 2012 10:04 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: G2 Drive BAC Above Zero
Replies: 10
Views: 11256

Re: G2 Drive BAC Above Zero

Young drivers are people under 22 with a full licence. Novice drivers are persons of any age with a graduated licence.

And while it says the registrar may suspend, it also says in accordance with the regulation. In other words, it could be suspended, and the registrar is to do what the regulation says. And the regulation says "shall" suspend for ...
by Stanton
Sun Mar 04, 2012 9:48 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: G2 Drive BAC Above Zero
Replies: 10
Views: 11256

Re: G2 Drive BAC Above Zero

Not all novice violations are treated the same. Some don't result in automatic suspensions like the no alcohol requirement.

The zero BAC suspension is covered under section 44.1 of the HTA and section 9 of the driver's licence regulation (O Reg 340/94).

The HTA states the following:
Condition on licence that blood alcohol concentration level be ...
by Stanton
Sun Mar 04, 2012 10:12 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: G2 Drive BAC Above Zero
Replies: 10
Views: 11256

Re: G2 Drive BAC Above Zero

I don't know any way you can avoid the suspension, it's mandated by law and not at the discretion of the Courts.

And just FYI, the G2 has always had a zero BAC requirement since day 1. Its not a new law by any stretch.
by Stanton
Sat Mar 03, 2012 3:54 pm
Forum: Careless Driving
Topic: careless
Replies: 8
Views: 2273

Re: careless

Just be aware if they really want to proceed with the charge, they can still proceed by way of summons. If it was a minor charge I'd say that's highly unlikely, but for careless they might depending on the circumstances.
by Stanton
Sat Mar 03, 2012 3:52 pm
Forum: Driving While Suspended
Topic: Suspended for nothing?!?!? WTF!
Replies: 3
Views: 1819

Re: Suspended for nothing?!?!? WTF!

The driver should contact the Ministry to find out what fine resulted in the suspension. Not much that can be done until you know what it's for.
by Stanton
Sat Mar 03, 2012 3:51 pm
Forum: General Talk
Topic: Seatbelt ticket as a passenger
Replies: 1
Views: 2691

Re: Seatbelt ticket as a passenger

Only the driver of a motor vehicle receives demerit points for seatbelts offences, the passengers do not.
by Stanton
Fri Mar 02, 2012 4:02 pm
Forum: Parking Tickets
Topic: Parking Ticket Kitchener - Residential Road is a Highway?
Replies: 2
Views: 4589

Re: Parking Ticket Kitchener - Residential Road is a Highway

Highway is the legal term for any roadway that can be used by the general public. In regards to signage, typically there are notices posted at the entrances of cities advising of no overnight parking, though I can't speak to Kitchener. I'd say laws like that are pretty common in most cities during the winter months.
by Stanton
Fri Mar 02, 2012 12:22 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong municipality?
Replies: 3
Views: 1890

Re: Wrong municipality?

I was reading through the Provincial Offences Act for clarification on your second question. While normally trials must be held in the jurisdiction in which the offence occurred, there is the following exception:

A proceeding in respect of an offence may be heard and determined in a county or district that adjoins that in which the offence ...
by Stanton
Fri Mar 02, 2012 12:00 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Wrong municipality?
Replies: 3
Views: 1890

Re: Wrong municipality?

Police in Ontario can enforce the law anywhere within the Province. So while your situation isn't normal, the officer does have authority to conduct speed enforcement outside the municipal boundaries of Toronto. Was the location right near the Toronto/York border?
by Stanton
Thu Mar 01, 2012 2:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: disobey stop sign - Asking for a second disclosure?
Replies: 1
Views: 2236

Re: Asking for a second disclosure?

If the notes are truly illegible, a request for typed notes is reasonable. In regards to specific details however, that's something you'll simply have to question the officer about at trial.
by Stanton
Tue Feb 28, 2012 10:02 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 7348

Re: shall I go to trial or make a deal if offered ?

1) If the radar was not tested, the readings should be excluded as it raises reasonable doubt that the device was operating correctly. The only problem is that the officer may have notes in regards to testing, but failed to disclose them (they tend to copy the notes relating to the stop but sometimes forget the separate testing times). If there are ...
by Stanton
Tue Feb 28, 2012 9:54 am
Forum: Failing to report a collision to a police officer
Topic: no people or property damage , What shall I do now?
Replies: 2
Views: 3731

Re: no people or property damage , What shall I do now?

You're only required to report an accident if the damage exceeds $1,000 or there is injury. It doesn't sound like either applies in your case.

As for failing to remain, the HTA charge does not apply on private property but you can be charged criminally.
by Stanton
Tue Feb 28, 2012 9:46 am
Forum: Driving While Suspended
Topic: Driving while under suspension offences #3 & 4
Replies: 4
Views: 2287

Re: Driving while under suspension offences #3 & 4

Its somewhat dependent on the Crown, jurisdiction and time between convictions, but Id say incarceration is very likely. Sentences of 30 days or more are not uncommon. Id strongly suggest seeking some type of representation.
by Stanton
Mon Feb 27, 2012 11:09 am
Forum: Criminal Offences
Topic: bac above 0 refusal, possession. please help
Replies: 6
Views: 3561

Re: bac above 0 refusal, possession. please help

As stated above, this forum doesn't deal with Criminal matters. While one of your charges is from the HTA, it will be dealt with alongside the Criminal matters in Court.
by Stanton
Mon Feb 27, 2012 11:08 am
Forum: Careless Driving
Topic: careless
Replies: 8
Views: 2273

Re: careless

Not sure what you're asking, maybe you can clarify a little. What do you mean by original ticket?