Search found 2111 matches

by Stanton
Fri Jun 05, 2015 6:35 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16346

Re: Driving Wrong Way - Possible Incorrect Charge

Sounds like you were charged under the wrong section then. The proper charge would be "Drive Wrong Way - One Way Traffic" under section 153.
by Stanton
Fri Jun 05, 2015 5:07 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16346

Re: Driving Wrong Way - Possible Incorrect Charge

What street/city were you charged on? The definition of "highway" under the H.T.A. includes all roadways, not just major roads like the 401 that you'd commonly refer to as a highway. A divided highway would basically be any roadway with some type of division (like a median) that separates traffic travelling in opposite directions.
by Stanton
Mon May 25, 2015 7:47 pm
Forum: Driving While Suspended
Topic: Didn't know i was suspended due to court ruling
Replies: 4
Views: 3783

Re: Didn't know i was suspended due to court ruling

Not having received a notice of suspension helps your defence but it isnt sufficient in itself to beat the charge. The burden of proof lies on you to establish that you exercised due diligence. The court will want to see that you took all reasonable steps to ensure your fines were paid off and licence still in good standing.

Questions that will ...
by Stanton
Sat May 23, 2015 11:03 am
Forum: Courts and Procedure
Topic: Representing yourself - the good, the bad and the ugly
Replies: 3
Views: 2967

Re: Representing yourself - the good, the bad and the ugly

I can decipher some of it but not all of the short forms used. Nothing wrong with requesting clarification in your case.

- Stalker II (the type of radar used)
- Your car type maybe? 2012 Red Chrysler 200
- F-FP???
- "We were just talking I didnt realise it"
- Where the officer was situated (school parking lot on a Colebrook Road)
- You were ...
by Stanton
Sat May 23, 2015 10:48 am
Forum: Careless Driving
Topic: Careless driving on a Bicycle - hit by a taxi driver
Replies: 6
Views: 2640

Re: Careless driving on a Bicycle - hit by a taxi driver

If they still will not do anything, you can request a a meeting with a Justice of the Peace and press Private Charges against the driver. If the JP allows this, then you will act as the prosecutor and the cab driver as the defendant.
For a privately laid charge, the Crown still acts as the prosecutor. The person laying the information would ...
by Stanton
Thu May 21, 2015 2:10 pm
Forum: Compulsory Automobile Insurance Act
Topic: "Fail to have insurance card & No validated permit
Replies: 6
Views: 3576

Re: "Fail to have insurance card & No validated permit

Thanks. but I have those documents with me . I was in rush to home when I was handed two of them. I can show it to the court. is there any chance that they convict me despite my documentation?

If your ownership was up to date, I think you should have been charged under section 7(5)(a) - Fail to Surrender Permit. It sounds like everything was up ...
by Stanton
Thu May 21, 2015 1:55 pm
Forum: Following too closely
Topic: Charged with following too closely. What to expect?
Replies: 8
Views: 6843

Re: Charged with following too closely. What to expect?

The plea deal would not likely make any difference in terms of insurance. Follow too closely and improper stop would both likely be considered a minor offence. The only way demerit points will make a difference is if you're a G1 or G2 driver since follow too close is a 4 demerit point offence which would result in a 30 day suspension.
by Stanton
Wed May 20, 2015 11:07 pm
Forum: Courts and Procedure
Topic: Court of Appeal: Officers required to memorize tests?
Replies: 7
Views: 4090

Re: Court of Appeal: Officers required to memorize tests?

Also it mentions tuning forks!!! I did not think that tuning forks were used anymore. Or maybe that is for the units mounted in the vehicles only.
You're correct. I'm not aware of any of the newer radar systems, stationary or moving, that require tuning fork tests. Either the officer was using a very old unit or the defence was maybe trying to ...
by Stanton
Thu May 14, 2015 2:53 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 over g2 driver - insurance & suspension
Replies: 5
Views: 2956

Re: 49 over g2 driver - insurance & suspension

There is no way to avoid the suspension short of being found not guilty or working out a plea deal to a lesser offence with less points.
by Stanton
Tue May 12, 2015 2:27 pm
Forum: Failing to stop for a school bus
Topic: Police refuses to charge (175)
Replies: 10
Views: 4562

Re: Police refuses to charge (175)

You could lay a private information through the Courts. Youd have to show a Justice of the Peace that there are reasonable grounds to believe an offence was committed. The only catch is that the Crown Attorney will review the allegations and ultimately decide if they want to proceed with the charge or not.

23. (1) Any person who, on reasonable ...
by Stanton
Tue May 12, 2015 2:17 pm
Forum: Courts and Procedure
Topic: Court of Appeal: Officers required to memorize tests?
Replies: 7
Views: 4090

Re: Court of Appeal: Officers required to memorize tests?

Havent read the full decision but it sounds reasonable. Ive seen people get off on speeding tickets before when officers arent able to explain the testing procedure properly. Considering testing procedures are typically very simple and straightforward, I dont think its an unfair to say officers need to be able to explain it on the stand.
by Stanton
Tue May 12, 2015 2:07 pm
Forum: General Talk
Topic: Speed dropped, Prosecutor threatened to raise at trial
Replies: 1
Views: 1395

Re: Speed dropped, Prosecutor threatened to raise at trial

Yes, speeding tickets are routinely amended back up to the full speed at trial.
by Stanton
Tue May 12, 2015 2:02 pm
Forum: Failing to stop for a school bus
Topic: Am I at Fault here? - School Bus
Replies: 8
Views: 4883

Re: Am I at Fault here? - School Bus

Spectacular diagram. :shock:

But yes, based on your description of events, you did nothing wrong.
by Stanton
Mon May 11, 2015 10:11 am
Forum: General Talk
Topic: on the news; license plate covers - ILLEGAL da daaaaa
Replies: 14
Views: 6296

Re: on the news; license plate covers - ILLEGAL da daaaaa

bobajob wrote:Oh another question, you can get the neon license plate surrounds,

Are these illegal too ?
Licence plate lights need to be white, so if the neon was coloured (like in the photo) it would be illegal.
the lamp shall face to the rear and reflect on the number plate a white light only
by Stanton
Sun May 10, 2015 11:34 pm
Forum: General Talk
Topic: on the news; license plate covers - ILLEGAL da daaaaa
Replies: 14
Views: 6296

Re: on the news; license plate covers - ILLEGAL da daaaaa

People sometimes use the full clear plastic to protect the plate, especially if its a vanity plate... whats the issue?

Yellowing, oxidation, pitting, glare, etc. Some people also want to believe "clear" means tinted (black, blue, etc). The issue is a lot of times they interfere with the reading of a plate, whether by an officer, toll, or another ...