Search found 2111 matches

by Stanton
Tue Aug 23, 2011 8:28 pm
Forum: Careless Driving
Topic: Careless driving - minor rear end (what's my chances)
Replies: 3
Views: 3370

Re: Careless driving - minor rear end (what's my chances)

I think it's very likely you'd be offered a plea deal to a lesser offence, especially for a minor accident.

Careless driving is a difficult charge to prove, but I wouldn't say it's impossible based on what you've said. It's a tough call since the insurance penalties are so severe if you were convicted. I probably would go the paralegal route if ...
by Stanton
Tue Aug 23, 2011 3:25 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Fail to move into another lane for emergency vehicles?
Replies: 14
Views: 9361

Re: Fail to move into another lane for emergency vehicles?

Just a few points:

1) If your mother doesn't speak any English, you will need to notify the Court ahead of time so that an interpreter can be present. You (or your family) are not allowed to translate for her since you could be considered bias.

2) Don't make the mistake of addressing the officer's attitude during the trial, it's irrelevant to the ...
by Stanton
Tue Aug 23, 2011 3:17 pm
Forum: Careless Driving
Topic: Careless driving - Minor rear end
Replies: 3
Views: 3398

Re: Careless driving - Minor rear end

Disregard my suggestion for follow too closely then since it carries 4 demerit points. Another possibility would be fail to turn to avoid collision, section 148(5). It only carries 2 demerit points.
by Stanton
Tue Aug 23, 2011 1:05 pm
Forum: General Talk
Topic: police request for ID
Replies: 4
Views: 5492

Re: polic e request for ID

would this be how the officer could legally ask for ID???
Yes, the Highway Traffic Act requires that you identify yourself. Even if you don't have identification, you're required to provide your name, address, etc.

If i was standing outside the car, could they still ask for ID???
Generally no, but I'd say it's somewhat dependent on the ...
by Stanton
Tue Aug 23, 2011 11:53 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 86 in a 60, how to proceed?
Replies: 2
Views: 1889

Re: Speeding 86 in a 60, how to proceed?

If the officer made no notes in regards to testing, you could easily beat the ticket. I'm not sure if the fact he recorded the device was tested but not the times would be sufficient for Court (my guess is yes).

If the officer shows on the next Court date, might be worth seeking a plea deal to a lesser offence, unless testing times are required ...
by Stanton
Tue Aug 23, 2011 11:46 am
Forum: General Talk
Topic: clocked from within the vehicle?
Replies: 2
Views: 1502

Re: clocked from within the vehicle?

As Hwybear says, doesn't sound like anything wrong with how the radar reading was obtained.

As for 11B, a minimum 12 months needs to have passed, with all delays due to the Crown/Courts. If you're still just 11 months, that won't cut it.
by Stanton
Tue Aug 23, 2011 11:40 am
Forum: Compulsory Automobile Insurance Act
Topic: Expired License + Driving no insurance with caveat
Replies: 1
Views: 2407

Re: Expired License + Driving no insurance with caveat

1) That's very dependent on what you've actually been charged with. If it's strictly for the offence of not having insurance, I believe it's just a fine (albeit a large one) associated with the offence. If you've also been charged criminally for obstructing police (by providing a false statement) then it's a possibility, but still unlikely if you ...
by Stanton
Mon Aug 22, 2011 11:10 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Fail to move into another lane for emergency vehicles?
Replies: 14
Views: 9361

Re: Fail to move into another lane for emergency vehicles?

so can i still bring my dad, mom, sis to testify in court or no unless the offices notes does mention about them?

Yes, absolutely. You can call whoever you want as a witness. I simply meant that if someone you called as a witness wasn't actually in your car, it would be hard for the Crown to refute this point unless the officer made notes as to ...
by Stanton
Mon Aug 22, 2011 7:35 pm
Forum: General Talk
Topic: Driving in ontario with Alberta Licence
Replies: 1
Views: 3165

Re: Driving in ontario with Alberta Licence

Even with a valid Alberta licence, you're still under suspension in Ontario. So if you were stopped and police ran your Alberta licence, CPIC (the police Federal database) would alert the officer to your Ontario suspension.
by Stanton
Mon Aug 22, 2011 3:33 pm
Forum: Courts and Procedure
Topic: Disclosure reqeust and Stay of Procedings
Replies: 4
Views: 2187

Re: Disclosure reqeust and Stay of Procedings

Since you put in your disclosure request so late, I'm not sure you'll be able to use the June to December adjournment towards an 11B. The delay will probably be attributed towards you, not the Crown.
by Stanton
Mon Aug 22, 2011 12:45 pm
Forum: Prohibited turns
Topic: Two demerit points for prohibited right turn?
Replies: 2
Views: 4493

Re: Two demerit points for prohibited right turn?

While most bylaws carry no demerit points, unfortunately those dealing with prohibited turns can. For this to happen though the City would have to notify the MTO upon conviction; not sure how good they are at actually doing this. I've heard some people claim to have paid the fine and never seen anything on their abstract, but that's no guarentee ...
by Stanton
Mon Aug 22, 2011 12:19 pm
Forum: Failing to obey signs
Topic: "Road closed - Local traffic only"
Replies: 6
Views: 7683

Re: "Road closed - Local traffic only"

If that's the only sign, to the best of my knowledge it's not enforceable under the HTA. There may be local bylaws however.

And again, those signs aren't placed by the police but by the City. Detours may be inconvenient, but they're supposed to help lessen backups due to construction and send traffic to non residential arterial roads that can ...
by Stanton
Mon Aug 22, 2011 9:01 am
Forum: Failing to obey signs
Topic: "Road closed - Local traffic only"
Replies: 6
Views: 7683

Re: "Road closed - Local traffic only"

If you're referring to the orange and black checkered road closed signs, I don't believe they're actually enforceable. Those signs are posted by the municipality, not the police. When police shut down a road for an investigation, the signs should have an actual "Do Not Enter" logo (red circle with white dash) and usually a "Closed by order of ...
by Stanton
Sun Aug 21, 2011 8:23 pm
Forum: Courts and Procedure
Topic: Disclosure form
Replies: 1
Views: 3578

Re: Disclosure form

I imagine you could list all the charges on the same form. The disclosure should essentially be the same for all three charges if they occurred as the same time (typically officer's notes and any witness statements). The only exception is for something like a speeding charge, which requires additional disclosure such as the radar/laser manual.
by Stanton
Sun Aug 21, 2011 8:18 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Fail to move into another lane for emergency vehicles?
Replies: 14
Views: 9361

Re: Fail to move into another lane for emergency vehicles?

It's usually good practice for an officer to record the number of passengers in his or her notes, but I wouldn't say it's critical if they left that information out. It simply makes it much harder for the Crown to refute that someone was in your vehicle if you call them as a witness.