Search found 2111 matches

by Stanton
Mon Jan 02, 2012 12:23 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Fail to change lane!
Replies: 5
Views: 4416

Re: Fail to change lane!

Lanes are numbered from the left to the right in the direction of travel.
by Stanton
Wed Dec 28, 2011 4:15 pm
Forum: Prohibited turns
Topic: No right turn during certain times
Replies: 10
Views: 4216

Re: No right turn during certain times

You're going to have to explain a little better, because I'm not following your explanation of why you made the turn.
by Stanton
Tue Dec 27, 2011 7:44 pm
Forum: General Talk
Topic: How long does a cop keep their videos?
Replies: 5
Views: 2237

Re: How long does a cop keep their videos?

The Crown is supposed to disclose all evidence, regardless if they intend to introduce it at trial.
by Stanton
Tue Dec 27, 2011 6:09 pm
Forum: General Talk
Topic: How long does a cop keep their videos?
Replies: 5
Views: 2237

Re: How long does a cop keep their videos?

Stanton,

If the Crown chooses not to use the video evidence during trial, wouldn't that be arguably an example of prejudice and be quashed under s. 7 of the Charter?

I don't believe so. The Crown has the prerogative to select which evidence is presented at trial. If they feel a particular piece of evidence or a witness does nothing to further ...
by Stanton
Tue Dec 27, 2011 9:50 am
Forum: Courts and Procedure
Topic: Traffic Offence ???
Replies: 2
Views: 1951

Re: Traffic Offence ???

Careless driving, section 130 of the Highway Traffic Act.
drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway
by Stanton
Sun Dec 25, 2011 11:52 pm
Forum: General Talk
Topic: How long does a cop keep their videos?
Replies: 5
Views: 2237

Re: How long does a cop keep their videos?

Retention polices vary from one service to the next. If the video isnt related to any particular incident, it may be kept for a very short period of time. Only way to know is request it and see if its available.
by Stanton
Sat Dec 24, 2011 5:45 pm
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for school bus!
Replies: 17
Views: 27207

Re: Unintentionally failed to stop for school bus!

If youre charged as the RO, it will probably be by mail.
by Stanton
Sat Dec 24, 2011 5:43 pm
Forum: General Talk
Topic: Do both officers need to show up in court for conviction ?
Replies: 1
Views: 1711

Re: Do both officers need to show up in court for conviction

No, both wouldn't need to attend unless there was some key evidence only one could give. The Crown decides who they want to attend to give evidence, and may only require one officer. An example of when both need to attend would be if one observed you speeding and another one pulled you over. In your case though it sounds like both officers would ...
by Stanton
Fri Dec 23, 2011 10:49 am
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for school bus!
Replies: 17
Views: 27207

Re: Unintentionally failed to stop for school bus!

Oh, by the way I learned today that school buses are not supposed to have their lights flashing while they are right at the "Stop" sign! If this is true, it will then be to my advantage should we go to the court of law.

I'm not aware of any such requirement in the Highway Traffic Act. Perhaps it might be a policy of a particular bus line, but it ...
by Stanton
Fri Dec 23, 2011 12:12 am
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for school bus!
Replies: 17
Views: 27207

Re: Unintentionally failed to stop for school bus!

It's very unlikely you'll be charged as the driver. Police rarely have the time to conduct investigations into every car that fails to stop for a school bus. It's much simpler to simply charge the registered owner and more likely to stand up in Court. If the police haven't been knocking at your door, I wouldn't worry too much. Worst case is you (if ...
by Stanton
Thu Dec 22, 2011 10:58 am
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for school bus!
Replies: 17
Views: 27207

Re: Unintentionally failed to stop for school bus!

No, you don't have to be caught by the police to be charged. If the bus driver recorded your plate, she can simply forward the information to them.

Typically police charge the registered owner of the vehicle, since it can be difficult to prove who was driving in Court. I believe the set fine is about $490, and there are no demerit points if you're ...
by Stanton
Wed Dec 21, 2011 6:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Pulled over for 78 in a 50, told i have suspended licence
Replies: 4
Views: 2137

Re: Pulled over for 78 in a 50, told i have suspended licenc

They will not set two separate trial dates for offences that occurred at the same time. It will be one trial for both.

As for the speeding charge, a reduction is unlikely if they reduce/drop the drive suspend charge as well. Regardless, insurance companies don't go by demerit points. 15 over (with no points) and 28 over are treated the same, as ...
by Stanton
Wed Dec 21, 2011 12:23 pm
Forum: Careless Driving
Topic: Careless Driving, rear-ended a car on slippery roads.
Replies: 1
Views: 2148

Re: Careless Driving, rear-ended a car on slippery roads.

If you're convicted of careless driving you'll get 6 demerit points, there is no way to change this. You either need to be found not guilty or work out a deal with the Crown to plead to a less serious charge which carries fewer demerit points. I would suggest at the very least seeking out a plea deal because you're insurance could easily double ...
by Stanton
Wed Dec 21, 2011 10:31 am
Forum: Improper right turn
Topic: Improper right turn, 141(2) REAL GOOD ONE
Replies: 24
Views: 14311

Re: Improper right turn, 141(2) REAL GOOD ONE

While Im no lawyer, Id say you have some excellent statements for your defence. They seem to cover off the poor road conditions, that you were driving in a reasonably safe manner for the conditions and that you were engaged in your duties at the time.

Have you tried approaching the Crown yet? I personally think they might consider simply ...
by Stanton
Wed Dec 21, 2011 10:23 am
Forum: Failing to obey signs
Topic: Fail to stop AND 3 day suspension
Replies: 7
Views: 2288

Re: Fail to stop AND 3 day suspension

Its very difficult to say what your chances of being found not guilty in Court are, as each case is quite different. Some cities have bylaw charges relating to stop signs which dont appear on your driving abstract. If you were offered a plea deal to that, it might be worth considering. More likely the Crown will offer you a reduced fine, but the ...