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: 3482

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: 9592

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: 3537

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: 5752

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: 1990

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: 1608

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: 2511

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: 9592

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: 3303

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: 2335

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: 4597

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: 7823

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: 7823

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: 3709

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: 9592

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.
by Stanton
Sun Aug 21, 2011 8:06 pm
Forum: Careless Driving
Topic: Careless driving - Minor rear end
Replies: 3
Views: 3537

Re: Careless driving - Minor rear end

It doesn't sound like any of the mistakes are fatal errors, particularly if the mistakes are on the accident report instead of the ticket. Regardless, the Crown is usually pretty quick to offer a plea deal to a lesser offence for careless charges, especially for minor accidents. I'd request a first attendance meeting and see what they offer. You ...
by Stanton
Sun Aug 21, 2011 11:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 129km/100 zone in Cambridge, ON
Replies: 3
Views: 2498

Re: 129km/100 zone in Cambridge, ON

I'd suggest simply speaking with the Crown. The officer can't reduce the ticket any further once it's been issued, so there's not much he can do to help you at this point. Typically you can make deals on the day of your trial, just seek out a Crown right at the start of the day.
by Stanton
Sat Aug 20, 2011 11:40 am
Forum: General Talk
Topic: Random stops
Replies: 16
Views: 7562

Re: Random stops

There is a fair bit of case law surrounding random stops and their legality. Simon or someone more knowledgeable with case law may correct me, but to the best of my knowledge Courts have typically allowed them. While they violate your charter right not to be arbitrarily stopped or detained, the first section of the charter also states there may ...
by Stanton
Fri Aug 19, 2011 5:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 89 km in 60 km zone
Replies: 11
Views: 4608

Re: Speeding 89 km in 60 km zone

Agreed. It looks like you're just trying to overwhelm the prosecutor with bogus disclosure requests. Stick to what you need.

As for the tilt sensor, there is no requirement for such a device. IF there was any error due to the slope, it's still in your favour as I explained earlier. In essence you'd be arguing you were going FASTER then the officer ...
by Stanton
Thu Aug 18, 2011 11:53 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Following a Possilbe Drunk Driver
Replies: 1
Views: 1928

Re: Following a Possilbe Drunk Driver

Unfortunately even if your intentions were good, it does not exempt you from speeding. While licence plates are great, even if you had called in a general description and location, that could be enough for the police to locate the vehicle, particularly on the 401 at night. And in future, you can call 911 for drunk drivers.

Any concerns with how ...
by Stanton
Thu Aug 18, 2011 11:33 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 134 in a 100 - Possible fatal error
Replies: 21
Views: 9366

Re: 134 in a 100 - Possible fatal error

I do have one more question: is it possible for me to apply for costs, or am I just expected to cut my losses? I had to take two days off work for this and I burned a lot of fuel travelling to and from the courthouse. Also the registered letters were quite expensive. I just think it's fair, because if you are convicted you have to pay court costs ...
by Stanton
Wed Aug 17, 2011 12:36 pm
Forum: General Talk
Topic: 'Driver fail to surrender licence'
Replies: 1
Views: 3836

Re: 'Driver fail to surrender licence'

Are you certain a conviction would increase your insurance rates? It should be considered a minor conviction, which many providers will overlook assuming it's your only ticket.

It's a bit of a difficult charge to fight since it's hard to justify not having your licence with you. I don't think your particular circumstances would be accepted by the ...
by Stanton
Tue Aug 16, 2011 1:59 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 129km/100 zone in Cambridge, ON
Replies: 3
Views: 2498

Re: 129km/100 zone in Cambridge, ON

Cambridge OPP are a traffic branch, so they're pretty good about attending Court. Since your ticket was only reduced by 1, there's probably a reasonable chance they may offer a further reduction.
by Stanton
Tue Aug 16, 2011 11:15 am
Forum: Prohibited turns
Topic: improper left turn 141 (6)
Replies: 5
Views: 4343

Re: improper left turn 141 (6)

I think you have a very good chance of getting the charge withdrawn if you go to Court since it's incorrect.
by Stanton
Tue Aug 16, 2011 11:14 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Highway 407 41km over. City of Burlington
Replies: 9
Views: 3066

Re: Highway 407 41km over. City of Burlington

-Considering the 1994 date of the lasers owners manual,,,wouldn't requesting the Lasers date of manufacture to confirm it's also a 1994 be reasonable?
I would say no. As long as the manual provided is the same as for the model used, date of manufacture is irrelevant.

Pushing a button and aiming at a stationary object would show it's working but ...
by Stanton
Mon Aug 15, 2011 1:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Highway 407 41km over. City of Burlington
Replies: 9
Views: 3066

Re: Highway 407 41km over. City of Burlington

Just one point of clarification, Marksmen 20-20 is a laser (or lidar) device, not radar, and they are still in use. Quite simply, newer devices can take some time to be approved for use, and since the devices are expensive police services will use them until they fall apart.
by Stanton
Sat Aug 13, 2011 9:23 pm
Forum: Stunt Driving
Topic: UK resident hit by stunt driving ticket in ontario
Replies: 1
Views: 2045

Re: UK resident hit by stunt driving ticket in ontario

will insurance have access to this conviction?

Possibly. The MTO likely generated an Ontario licence number for your boyfriend to keep track of his initial seven day suspension. I believe they also generate Ontario licence numbers to keep track of convictions for out of Province drivers. So while your boyfriend doesn't physically have an Ontario ...
by Stanton
Sat Aug 13, 2011 4:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?
Replies: 19
Views: 7824

Re: Disobey Stop Sign - Sect 136 (1) (A) – Was it me?

If it's Toronto Police, I'd guess 3206 is the cruiser number. 32 is the Division number (looks like 32 division according to your map) and 06 is the cruiser/zone number.
1 pass is probably short for passenger, and is referring to the fact he has another officer in the cruiser with him.
And FTS definitely is fail to stop.
by Stanton
Sat Aug 13, 2011 10:04 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 89 km in 60 km zone
Replies: 11
Views: 4608

Re: Speeding 89 km in 60 km zone

Thanks for the reply!

I'm guessing I can't use the gun going on a downward slope as a reason for an inaccurate reading, even if its in my favour?

What do you think my options are here. I'm feeling like I could maybe get disclosure on the notes being typed, as well as more info about the calibration of the device and how its supposed to be used ...
by Stanton
Sat Aug 13, 2011 9:55 am
Forum: Prohibited turns
Topic: improper left turn 141 (6)
Replies: 5
Views: 4343

Re: improper left turn 141 (6)

Personally I think the appropriate charge would be disobey sign. It sounds like the turn itself was proper, just that you disobeyed a sign prohibiting such actions during a certain hour.

I think arguing your clock was off wouldn't be the greatest defence, especially if you intentionally set it 10 minutes ahead.