Search found 2111 matches

by Stanton
Tue Sep 29, 2015 12:49 pm
Forum: General Talk
Topic: Absolute versus Strict liability
Replies: 9
Views: 5343

Re: Absolute versus Strict liability

Just a thought... What about if I stop a red light, my coffee gets knocked over onto the passenger side floor, I take my seat belt off to reach over and pick it up (while the vehicle is still stopped at the light), then put my seat belt back on before proceeding.

There's some case law (York Regional Municipality v. Tassone) from the Court of ...
by Stanton
Fri Sep 25, 2015 9:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Can OPP from another zone give a ticket out of their area?
Replies: 4
Views: 2724

Re: Can OPP from another zone give a ticket out of their are

Called the courthouse and they said they will never transfer it. OPP can issue tickets anywhere in Ontario and the officer that gave me mine must have been from Napanee and I have to go there. I said to her, "so if the officer was from Windsor and he was in in Trenton i'd have to drive to Windsor?" and she said yes. That seems pretty stupid to me ...
by Stanton
Fri Sep 25, 2015 3:38 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Can OPP from another zone give a ticket out of their area?
Replies: 4
Views: 2724

Re: Can OPP from another zone give a ticket out of their are

The Provincial Offences act actually allows for matters to be heard in adjoining jurisdictions to where the offence occurred as long as it's within "reasonable" proximity. It actually allows for officers to issue tickets for their local court when they observe offences in neighbouring areas.
by Stanton
Thu Sep 24, 2015 11:03 pm
Forum: General Talk
Topic: 3 tickets at once !
Replies: 5
Views: 2260

Re: 3 tickets at once !

At the very least you'll want to request an early resolution meeting with the Crown. Typically when there are multiple charges, they'll offer you a deal where they drop one or two charges in exchange for a guilty plea on the rest. Before making any decisions about a plea deal though, you'll want to review the evidence against you. At the very least ...
by Stanton
Thu Sep 24, 2015 10:55 pm
Forum: General Talk
Topic: Made an improper right turn, but got a red light ticket
Replies: 5
Views: 3102

Re: Made an improper right turn, but got a red light ticket

Failing to stop for a red light should be considered a minor offence. The impact on your insurance would be no different then if you'd been charged with improper turn, etc.

In terms of your defence you'll obviously want to review the officer's notes and dash video if available. Raising reasonable doubt that the light wasn't red obviously becomes ...
by Stanton
Wed Sep 23, 2015 10:16 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Open Alcohol - In The Trunk, out of reach
Replies: 5
Views: 33556

Re: Open Alcohol - In The Trunk, out of reach

I agree with Daggx. I would certainly argue in Court that it's lawful to have open alcohol in the trunk as it's in no way readily accessible to the driver. Too bad you didn't take it to Court, I imagine the Crown would have simply withdrawn the charge.

In future, I would also suggest you don't consent to a search in those circumstances. Police ...
by Stanton
Mon Sep 21, 2015 8:28 pm
Forum: Improper left turn
Topic: Is this 141(6) ?
Replies: 7
Views: 3330

Re: Is this 141(6) ?

I don't think your mother was charged under the correct section. Section 141(6) deals with the requirement for drivers to use the left most lane when making a left turn (which your mother did). I believe the correct charge would be under section 141(5) or 142(1), both of which lay out the requirement for drivers to yield right of way to approaching ...
by Stanton
Thu Sep 17, 2015 8:24 pm
Forum: General Talk
Topic: Do police get pay by going to the court date?
Replies: 6
Views: 2365

Re: Do police get pay by going to the court date?

Yes, officers are paid to attend Court, it's part of their job. One of the main reasons Court is scheduled on their working days is to avoid the payment of overtime.
by Stanton
Tue Sep 15, 2015 2:58 pm
Forum: General Talk
Topic: RADAR DETECTOR CONFICATION
Replies: 10
Views: 3205

Re: RADAR DETECTOR CONFICATION

Decatur wrote: They're not legal in Ontario and it's the drivers reonsibility the be familiar with our laws.
I know both the Niagara and Windsor border crossings into Ontario have multiple large signs warning motorists that radar detectors are not allowed.
by Stanton
Wed Sep 09, 2015 10:43 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Turning left on into the pedestrian lane on a red on bicyce
Replies: 4
Views: 2187

Re: Turning left on into the pedestrian lane on a red on bic

It's an interesting idea for a defence, but ultimately I think the charge is still applicable.

Some of the relevant sections from the HTA:
A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,
(a) at the sign or roadway marking indicating where the stop is to be made;
(b) if there ...
by Stanton
Fri Aug 28, 2015 2:23 pm
Forum: Parking Tickets
Topic: Ottawa - Are "Truck or Van Only" parking signs legit?
Replies: 4
Views: 3941

Re: Ottawa - Are "Truck or Van Only" parking signs legit?

Well first off is it an actual Provincial offence ticket issued by an actual bylaw officer or something served by a private company on private property?

Also, what is the offence, act and section number on your ticket?
by Stanton
Thu Aug 27, 2015 9:26 am
Forum: Careless Driving
Topic: Can I get charged by OPP on this?
Replies: 14
Views: 5393

Re: Can I get charged by OPP on this?

I just called my insurance company and they told me the accident is at my fault. It does not matter even if my tire broke down because I lost control. Police have not sent them anything, no tickets nothing. I am assuming I am going to charged now and just guessing I am gonna charged for careless driving. Because at that time I did not know my tire ...
by Stanton
Thu Aug 27, 2015 9:14 am
Forum: Careless Driving
Topic: Summons for careless driving Help!!
Replies: 11
Views: 5103

Re: Summons for careless driving Help!!

OK well the law does Stat that a cyclist is to have the same responsiblis as a vehicle and is considered a vehicle on roads. So if I were driving and I didn't check my blind spot and turned right and hit a cyclist I'd be at fault so now the other way around its my friends?? That's what I can't get around. Is there anything we can use to fight it ...
by Stanton
Tue Aug 25, 2015 7:21 pm
Forum: Careless Driving
Topic: Summons for careless driving Help!!
Replies: 11
Views: 5103

Re: Summons for careless driving Help!!

It certainly sounds like your friend would be at fault. From your description of events the cyclist signalled and made a lawful turn. Unfortunately your friend misunderstood the signal and made an illegal pass striking the cyclist. It's not the cyclist's legal responsibility to check their blindspot before turning.
by Stanton
Sun Aug 23, 2015 1:07 pm
Forum: General Talk
Topic: would you give a police escort?
Replies: 2
Views: 1430

Re: would you give a police escort?

Id argue the decision would vary on a case by case basis. People in stressful situations could easily drive beyond their ability and/or limits and obviously the last thing you want in a medical emergency is a crash. An escort also probably wouldnt be a wise option either since you still have an emotional person behind the wheel and the officer ...