Search found 2111 matches

by Stanton
Wed Dec 21, 2011 10:09 am
Forum: Failing to obey signs
Topic: Fail to stop AND 3 day suspension
Replies: 7
Views: 2416

Re: Fail to stop AND 3 day suspension

Points are not negotiable at all. If youre convicted theyre automatically applied by the Ministry, not the Courts. The only way to avoid points is to be found not guilty or work out a deal with the Crown to plead guilty to a different offence that doesn't have any.

Dont get too hung up on points though. Unless your licence is about to be suspended ...
by Stanton
Tue Dec 20, 2011 8:18 pm
Forum: Failing to obey signs
Topic: Testing Radar Unit
Replies: 5
Views: 2428

Re: Testing Radar Unit

Even with tuning forks, I can't think of any radar that would take 10-20 minutes to test. :?

I have no experience with the Genesis II, but I'm guessing all you'd have to do is a self test. That's where the instrument runs through a display test, circuitry test and speed simulation test. You'd also probably do a road test at start and end of shift ...
by Stanton
Tue Dec 20, 2011 6:12 pm
Forum: Failing to slow and carefully pass a stopped emergency vehicle
Topic: Dash cam caught Accused of failure to slow Down
Replies: 1
Views: 3822

Re: Dash cam caught Accused of failure to slow Down

Im sorry to say, but after watching the video Ive got to side with the officer. Youre not required to pull into the oncoming lane, but you are required to slow down and proceed with caution. From your video it looks like you barely slowed down and came pretty darn close to the side of the cruiser. The fact that the officer was on the opposite side ...
by Stanton
Tue Dec 20, 2011 5:56 pm
Forum: Failing to obey signs
Topic: Testing Radar Unit
Replies: 5
Views: 2428

Re: Testing Radar Unit

That particular radar also has a "faster" mode, where it displays the strongest signal as well as a weaker but faster signal. So for instance if a large transport truck (the strongest signal) is going 100 and a small car is overtaking it at 120 on the highway, the radar will display both speeds. Even many handheld radars have a "fast" mode where ...
by Stanton
Mon Dec 19, 2011 12:49 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Any comments on defences for the case attached?
Replies: 1
Views: 1556

Re: Any comments on defences for the case attached?

Based solely on the very limited information provided, I see nothing relevant.
by Stanton
Sun Dec 18, 2011 6:32 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Ignition Interlocking Device-Except from Bill 118
Replies: 4
Views: 3562

Re: Ignition Interlocking Device-Except from Bill 118

The device is neither for communication or entertainment, but rather for the safe operation of the motor vehicle. Based on that, the only issue would be the visible display screen. Regulation 366/09 covers exemptions, and specifically lists ignition interlock devices as being exempt from having visible displays.
by Stanton
Sat Dec 17, 2011 12:54 pm
Forum: Bylaws Pertaining to Traffic
Topic: Failure to clear signalized intersection?
Replies: 5
Views: 6067

Re: Failure to clear signalized intersection?

I'm guessing it's a City of Toronto bylaw, 88/82.
The operator of a motor vehicle who enters an intersection on a green light and subsequently fails to clear his or her motor vehicle from the intersection upon the traffic signal turning red, thereby preventing traffic proceeding from an opposing direction, commits an offence.
by Stanton
Fri Dec 16, 2011 5:56 pm
Forum: Failing to obey signs
Topic: No Left Turn between times-Section 182(2) absolute or Strict
Replies: 1
Views: 2688

Re: No Left Turn between times-Section 182(2) absolute or St

To the best of my knowledge it's a strict liability offence. If your view of the sign was truly obstructed by a tree, you may have a valid defence. Simply failing to read the sign or assuming it would be the same hours as other nearby signs would not be a defence however.
by Stanton
Wed Dec 14, 2011 6:28 pm
Forum: General Talk
Topic: Tracking History
Replies: 1
Views: 1600

Re: Tracking History

Tracking history is simply the requirement to ensure that the reading on the device matches what the operator observes. In short, making sure you have the right vehicle.

Typically the requirements for tracking history are spelled out in the operators guide for the various speed measuring devices. For instance, many radar units emit an audible tone ...
by Stanton
Wed Dec 14, 2011 6:07 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: 2249

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

If you pay your outstanding fines and the reinstatement fee, you should be able to legally keep driving until your Court date.

Arguing you weren't aware of the suspension might be difficult since you were aware of the outstanding fine. Since a conviction for driving under suspension would greatly impact your insurance rates, I'd suggest hiring a ...
by Stanton
Tue Dec 13, 2011 9:19 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16321

Re: Different speed limits on each direction of the road

gabe wrote: Would such a request be granted to me?
Wouldn't be granted.
by Stanton
Tue Dec 13, 2011 7:24 pm
Forum: Driving While Suspended
Topic: driving while under suspention
Replies: 2
Views: 1569

Re: driving while under suspention

Not sure why you did a double post on this.

If your record is clean, request a first attendance meeting with the Crown. They may offer you a plea deal to a lesser offence such as drive motor vehicle no licence. Jail time is technically possible, but I've never seen it given out until a third or fourth suspended driving conviction. Unfortunately ...
by Stanton
Tue Dec 13, 2011 7:20 pm
Forum: Failing to obey signs
Topic: defence for disobey sign 182(2) - no u turn sign
Replies: 4
Views: 5008

Re: defence for disobey sign 182(2) - no u turn sign

I don't see the fact that the sign was no longer visible being a defence. As long as the sign was visible before you passed it, you're expected to make note of it and obey it.

As for incorrect spelling of your street address, that isn't what would be considered a fatal error. The witness checkbox also isn't a fatal error, but in your case it's ...
by Stanton
Sun Dec 11, 2011 8:02 am
Forum: General Talk
Topic: NEED HELP FAST!
Replies: 3
Views: 1638

Re: NEED HELP FAST!

Insurance fault rules are pretty much absolute. If it meets their model, they apply fault as prescribed in the regulation. They don't look at factors like weather and road conditions that police might.

Here's a PDF of the fault rules: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
by Stanton
Sat Dec 10, 2011 7:10 am
Forum: Failing to obey signs
Topic: Charged 182 (2) - NO PARKING SIGN
Replies: 16
Views: 8856

Re: Charged 182 (2) - NO PARKING SIGN

viper1 wrote:you don't say what city?
However most have an exception for delivery vehicles.
I believe it's Timmins.

The problem is that he wasn't charged under a bylaw, but the HTA. Because of that whatever exemptions the City may have wouldn't apply.
by Stanton
Fri Dec 09, 2011 3:11 pm
Forum: General Talk
Topic: driving with no license...
Replies: 2
Views: 1608

Re: driving with no license...

Why do you believe he wouldn't be eligible for 5 years?

As far as I know, assuming the fine is paid, the person would be able to apply for a licence when they turn 16.
by Stanton
Fri Dec 09, 2011 3:07 pm
Forum: Parking Tickets
Topic: Code 358 Stand vehicle in disabled parking space....
Replies: 1
Views: 2300

Re: Code 358 Stand vehicle in disabled parking space....

I think under the circumstances the Crown would at the very least offer a reduced fine if you explain the situation.

In terms of going before the JP or to trial, I think that could be problematic without your father present. Written statements typically arent admissible on their own, since they cant be questioned, etc. Im not really sure what you ...
by Stanton
Fri Dec 09, 2011 2:58 pm
Forum: Careless Driving
Topic: Careless driving - Minor collision
Replies: 3
Views: 2484

Re: Careless driving - Minor collision

Dont count on the officer and witnesses not showing up. If you request a trial, they will be summonsed to Court and are legally obliged to attend. Police especially dont have the option of simply not showing up without a legitimate reason or they would be in neglect of duty.

In terms of plea deals, turn not in safety, section 142(1) sounds like a ...
by Stanton
Fri Dec 09, 2011 2:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16321

Re: Different speed limits on each direction of the road

In my experience JPs typically will allow the requests, since illnesses are considered something unforeseen.
by Stanton
Fri Dec 09, 2011 2:49 pm
Forum: General Talk
Topic: NEED HELP FAST!
Replies: 3
Views: 1638

Re: NEED HELP FAST!

Even if the police dont lay charges, insurance companies have their own fault determination rules for accidents. In your example when you strike someone from behind, regardless of circumstances, youre 100% at fault. If no charges were laid, there wont be any record of the accident on your licence, but you will have an at fault finding on your ...
by Stanton
Fri Dec 09, 2011 2:42 pm
Forum: General Talk
Topic: I have a court tmr...can I just pay the fee?
Replies: 1
Views: 1555

Re: I have a court tmr...can I just pay the fee?

It shouldnt be an issue. The only exception would be if you received a summons versus a regular provincial offences notice. If you fail to show on a summons, a warrant can be issued for your arrest.

Just be aware that if you requested a trial and fail to show, the fine will be slightly higher, I believe by $5. It might be easier to wait until you ...
by Stanton
Thu Dec 08, 2011 10:08 am
Forum: Compulsory Automobile Insurance Act
Topic: A $6500 2 year old offence
Replies: 3
Views: 2329

Re: A $6500 2 year old offence

If you did have insurance, it should be a relatively easy charge to beat. Youll need to contact your provider and request documentation showing that both you and your vehicle were insured on the date of the offence. The Crown would likely withdraw the charge if theyre satisfied with the documentation. As for driving your vehicle with no validation ...
by Stanton
Thu Dec 08, 2011 9:56 am
Forum: Failing to obey signs
Topic: Speeding and drive with no Licence
Replies: 3
Views: 1885

Re: Speeding and drive with no Licence

Demerit points remain on your record for two years from the offence date.
by Stanton
Wed Dec 07, 2011 4:32 pm
Forum: Failing to obey signs
Topic: Charged 182 (2) - NO PARKING SIGN
Replies: 16
Views: 8856

Re: Charged 182 (2) - NO PARKING SIGN

If you have concerns over the behaviour/attitude of the officer, you will need to address that to the Police Service itself. I would not recommend bringing it up at trial, as its not relevant to the offence.
by Stanton
Wed Dec 07, 2011 4:29 pm
Forum: General Talk
Topic: Riding in an e-bike and charged?
Replies: 3
Views: 1999

Re: Riding in an e-bike and charged?

This forum deals with Provincial offences under the Highway Traffic Act. Your matter is Criminal in nature and not covered by this forum.
by Stanton
Wed Dec 07, 2011 11:20 am
Forum: Failing to obey signs
Topic: Charged 182 (2) - NO PARKING SIGN
Replies: 16
Views: 8856

Re: Charged 182 (2) - NO PARKING SIGN

Not sure why you're tearing a strip off Bear. He's simply pointing out that you can be charged under section 182 for disobeying a no parking sign, so it's the correct charge for the allegation .

I'm not sure if the Courts have defined what they consider "temporary" to be when it comes to loading goods/passengers, but it appears the officer felt ...
by Stanton
Tue Dec 06, 2011 3:46 pm
Forum: General Talk
Topic: So glad to have found all of this!
Replies: 2
Views: 1681

Re: New Member? Come and say Hi and Introduce yourself here!

I have also started helping my friends fight speeding tickets, but as I am not a registered paralegal, lawyer, or any other type of certified law professional I am not sure if I am allowed to be doing this.

The Law Society of Upper Canada sets the rules regulating representation. I believe it's lawful to represent someone as long as you don't ...
by Stanton
Tue Dec 06, 2011 3:33 pm
Forum: General Talk
Topic: visual impairment
Replies: 1
Views: 1749

Re: visual impairment

Your licence should still be valid until the date stated by the MTO. Once you get the all clear from a medical professional, you simply notify the MTO who should reinstate your licence relatively quickly. There shouldnt be any fee for the reinstatement since it was a medical suspension.

Heres a FAQ page for medical suspensions: http://www.mto.gov ...
by Stanton
Mon Dec 05, 2011 10:50 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Advice to presenting case
Replies: 13
Views: 3684

Re: Advice to presenting case

In my opinion theyve provided exactly what the Courts would expect them to. If you go to Court and present a good argument, you may be able to obtain some additional disclosure, but youll likely have to explain why its required for your defence. I could see you getting the full manual, possibly repair records, but I cant see you getting info ...
by Stanton
Mon Dec 05, 2011 7:53 pm
Forum: General Talk
Topic: Open Alcohol in Car
Replies: 2
Views: 4789

Re: Open Alcohol in Car

Where were you charged and by who? I'm trying to figure out what the NCCTPR is. Typically the Liquor Licence Act covers open alcohol in motor vehicles.

Regardless, a non traffic offence shouldn't have any impact on your insurance and shouldn't appear on your driving abstract.