Search found 2111 matches

by Stanton
Sat Jan 14, 2012 10:13 am
Forum: Compulsory Automobile Insurance Act
Topic: "driving without insurance" but I'm not the owner of the car
Replies: 1
Views: 2117

Re: "driving without insurance" but I'm not the owner of the

1) Only the actual vehicle owner can be charged for operating a motor vehicle with no insurance.
2) It's certainly possible.
by Stanton
Sat Jan 14, 2012 12:35 am
Forum: General Talk
Topic: Strange incident in Montreal Quebec
Replies: 2
Views: 1952

Re: Strange incident in Montreal Quebec

Very likely not lawful, though very hard to file a complaint if you don't even know what police service it was, let alone cruiser # or plate.
by Stanton
Sat Jan 14, 2012 12:34 am
Forum: General Talk
Topic: What to do if you witness an HTA infraction
Replies: 12
Views: 3854

Re: What to do if you witness an HTA infraction

Simply contact the police when safe to do so. Once you have the other vehicle's information though (i.e. licence plate), I would stop following. You may have had good intentions, but it could easily make the situation worse.
by Stanton
Wed Jan 11, 2012 1:19 pm
Forum: General Talk
Topic: General question about Police radar conduct
Replies: 5
Views: 2156

Re: General question about Police radar conduct

It doesn't violate any law, nor is there a requirement to maintain constant visual contact. If visual contact is lost however, it could help raise reasonable doubt at trial.
by Stanton
Tue Jan 10, 2012 7:15 pm
Forum: Courts and Procedure
Topic: Newcomer Needs Advice
Replies: 9
Views: 2129

Re: Newcomer Needs Advice

Do you actually have the information for the vehicle with no lights? Or did it leave the scene?

I'm kind of curious why your insurance company is so hung up on a formal statement.
by Stanton
Tue Jan 10, 2012 5:45 pm
Forum: General Talk
Topic: Who is held responsible for improper maintenance of a road?
Replies: 4
Views: 1720

Re: Who is held responsible for improper maintenance of a ro

What youre asking would really be a question for the civil courts, where theyd have to decide if the Township exercised due care in maintaining the road in light of the construction, etc. Its not something thats covered by the Highway Traffic Act.
by Stanton
Tue Jan 10, 2012 5:39 pm
Forum: Courts and Procedure
Topic: Newcomer Needs Advice
Replies: 9
Views: 2129

Re: Newcomer Needs Advice

Again, there is no requirement for police to obtain a formal written statement from involved drivers. You could certainly contact the original investigating officer and enquire about providing a statement, though I imagine theyd be hesitant to accept it so long after the incident.

There should still be synopsis of what happened on the accident ...
by Stanton
Tue Jan 10, 2012 5:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 12939

Re: 90 in 70 zone reduced to 80-fight or not

There's always a chance to fight a ticket, but it's impossible to know what those chances are without further information.

You're best bet is to request disclosure and see what the officer's evidence is, and see if there are any weak points on which you could try and fight the charge.

Be aware however that if you do go to trial, the ticket will ...
by Stanton
Mon Jan 09, 2012 6:46 pm
Forum: General Talk
Topic: help please - improper brakes
Replies: 3
Views: 1360

Re: help please - improper brakes

Correct.
by Stanton
Mon Jan 09, 2012 5:10 pm
Forum: General Talk
Topic: New Speed Trap Regulations
Replies: 9
Views: 5339

Re: New Speed Trap Regulations

The only act that Im aware of governing police conduct in Ontario is the Police Services Act.

http://www.canlii.org/en/on/laws/stat/rso-1990-c-p15/latest/rso-1990-c-p15.html

You can look through the various regulations, but as stated above there are none that would appear to govern speed enforcement.

As OPS Copper said, many US states such as ...
by Stanton
Mon Jan 09, 2012 4:57 pm
Forum: Courts and Procedure
Topic: Newcomer Needs Advice
Replies: 9
Views: 2129

Re: Newcomer Needs Advice

Its common practice for police services to charge for completed accident reports. Typically youre given a basic copy at the roadside, but the final report is kept by the police. Normally your insurance provider orders the report from the police service.

As for statements, there is no requirement for police to obtain a formal written statement from ...
by Stanton
Mon Jan 09, 2012 4:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Appeal Conviction - Red Light
Replies: 6
Views: 3051

Re: Appeal Conviction - Red Light

You have 15 days from conviction to file an appeal.

First, you need to determine if you have sufficient grounds to appeal the decision. The fact that you dont agree with being found guilty isnt sufficient in itself. You have to show that the Justice of the Peace made an error in law or fact. You list several possible defences in your first post ...
by Stanton
Mon Jan 09, 2012 4:27 pm
Forum: Stunt Driving
Topic: police clocked me at 153km/h but put 156km/h cause of radar
Replies: 8
Views: 4104

Re: police clocked me at 153km/h but put 156km/h cause of ra

I would request disclosure. I've never heard of police being allowed to raise speed readings regardless of cosine effect and/or radar tolerances. I think you would have good grounds to fight the charge since the Crown would have difficulty proving a speed greater then what the radar showed. I'd suggest consulting a paralegal.
by Stanton
Mon Jan 09, 2012 12:15 pm
Forum: Stunt Driving
Topic: police clocked me at 153km/h but put 156km/h cause of radar
Replies: 8
Views: 4104

Re: police clocked me at 153km/h but put 156km/h cause of ra

Unlikely. Police aren't allowed to modify the speed based on what they believe the cosign error to be. The offence should be for the speed shown on the radar. And I really can't see an officer caring about an extra 3 km/h when the speed is already so excessive.
by Stanton
Mon Jan 09, 2012 9:13 am
Forum: General Talk
Topic: help please - improper brakes
Replies: 3
Views: 1360

Re: help please

If you were actually charged with an offence, there is no guarantee it will be dropped simply because you've fixed the problem. Your best option is to request a first attendance meeting with the Crown and see if they're willing to withdraw the charge. The Crown is the only person who can withdraw the charge.