Search found 2111 matches

by Stanton
Wed May 06, 2015 1:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding ticket any leg to stand on?
Replies: 10
Views: 3002

Re: speeding ticket any leg to stand on?

That is the correct fine.

Unfortunately your belief that you weren't speeding wouldn't be of any benefit in Court. Unless you can dispute the radar/laser reading, it will be considered the defacto speed of your vehicle. Also, if you state you were just going with the flow of traffic and not really paying attention, that kind of weakens any ...
by Stanton
Tue May 05, 2015 9:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failing to obey a stop sign - video recorded evidences
Replies: 2
Views: 3015

Re: Failing to obey a stop sign - video recorded evidences

No, because the Justice of the Peace would have no way of knowing the plate shown on the ticket is incorrect. The error has to be something they can easily see is wrong, like missing info, wrong fine, wrong date, etc.
by Stanton
Mon May 04, 2015 6:14 pm
Forum: General Talk
Topic: Wording un 4F form application
Replies: 15
Views: 5927

Re: Wording un 4F form application

The facts relating to where the officer was situated was stated in the incomplete disclosure made by the crown. In the officers notes, she states that she was parked on the Toyota lot on xx street.

The poisonous fruit may be an an American idiom, but most certainly, the principle applies in the execution of an officers' duty. An officer must be ...
by Stanton
Mon May 04, 2015 4:03 pm
Forum: General Talk
Topic: Wording un 4F form application
Replies: 15
Views: 5927

Re: Wording un 4F form application

What was the actual scenario? Im going to assume the officer was at the side of the road on private property (driveway, plaza, etc.) measuring the speed of passing vehicles.

If thats the case, it unfortunately wont assist you in getting the radar/laser evidence tossed out. Our Charter (fruit of the poisonous tree is a US doctrine) certainly does ...
by Stanton
Mon May 04, 2015 3:23 pm
Forum: General Talk
Topic: Cop told me to take ticket to court
Replies: 3
Views: 1764

Re: Cop told me to take ticket to court

I agree, it sounds like you have a fatal error. Incorrectly placing your DOB where the offence date goes places your ticket waaaay outside the 15 day limit to bring a ticket before the Court.

Hopefully if the Justice of the Peace is alert when reviewing your ticket, they should pick up on the error. If not, you'll have to jump through some hoops ...
by Stanton
Sat Apr 25, 2015 9:09 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: change of venue
Replies: 5
Views: 1993

Re: change of venue

By rights if the world were just, the one who does the accusing should be the one that suffers the burden of travel if needed(after all the witness is a cop and it would be police business so he would not be paying for any of it), but of course the law is not for me, it's meant to be stacked against me.

I understand why you feel it's an ...
by Stanton
Wed Apr 22, 2015 2:18 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3954

Re: Multiple tickets including Red Light - Fail to Stop

There is no incentive for the Crown to withdraw the first two charges if you plan on going to trial on the third, hence they all get dealt with together. You'll either work out a plea deal on all three or go to trial on all three. Unfortunately unlike the red light ticket, there's not much to fight the ownership/licence tickets on. Even though you ...
by Stanton
Wed Apr 22, 2015 9:46 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 138 kmh in a 70 contruction zone- impound next day?
Replies: 6
Views: 3811

Re: Speeding 138 kmh in a 70 contruction zone- impound next

No, avoiding service won't make it go away. First, the summons can actually be served on any adult in your home, it doesn't have to be served on you personally. Second, if the officer believes you're avoiding service, they could request the Courts issue a warrant for your arrest.
by Stanton
Tue Apr 21, 2015 8:18 pm
Forum: Stunt Driving
Topic: Stunt Driving Charge - Seeking Advice! Plea Bargaining?
Replies: 5
Views: 7584

Re: Stunt Driving Charge - Seeking Advice! Plea Bargaining?

On your first appearance you'll want to plead not guilty until you can determine your options (you can always change your plea at a later time). You'll want to request a meeting with the Crown, which might even be possible on your first attendance date. You'll want to see if the prosecutor is willing to offer you a plea deal. If your record is ...
by Stanton
Mon Apr 20, 2015 6:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: [92 in 60, disclosure requested [Please help]
Replies: 3
Views: 2311

Re: [92 in 60, disclosure requested [Please help]

1) A closed window isn't indicative that no radar was in use. As you yourself said, it works fine through glass and the officer is testifying to its use.
2) Any curvature in the road with a stationary radar unit is to your benefit. It would actually present a lower reading then your actual speed. The reading will still be accepted by the Court.
3 ...
by Stanton
Thu Apr 16, 2015 6:26 pm
Forum: General Talk
Topic: HELP! 3 Tickets
Replies: 2
Views: 1546

Re: HELP! 3 Tickets

I believe the first two tickets would be a $170 fine each and the third $110, so a total of $450. No demerit points.

You can probably work out a plea deal where they'll drop one if you plead guilty to the other two.
by Stanton
Tue Apr 14, 2015 2:00 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 26286

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Officers notes: Must be provided
Both sides of the ticket: Wont be provided unless notes were written on back of ticket
Typed version: Unlikely to receive on first request. Will have to justify upon reviewing notes (i.e. illegible, use of short forms that are indecipherable)
Statements made by the defendant: Unless you gave the officer a ...
by Stanton
Sun Apr 12, 2015 4:37 pm
Forum: General Talk
Topic: license reinstatement
Replies: 2
Views: 1941

Re: license reinstatement

1) You won't be able to pay the fee until your licence can be reinstated.
2) That would depend on the class of licence you had when you were suspended. If it was a full G, you should only require an eye test. You will also likely be required to complete the "Back on Track" programme due to your impaired conviction.
3) I believe the Back on Track ...
by Stanton
Fri Apr 10, 2015 1:00 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 26286

Re: Must the police officer show the driver the laser readin

The JP in the cited case was simply reviewing the officer's evidence. I wouldn't say it was actually relevant to the decision.

So, basically any police officer can claim anything and in the court of law their claims are believed and drivers claims are ignored.

Realistically that's how Court works. It's one person's word versus another's. There ...
by Stanton
Fri Apr 10, 2015 12:29 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 26286

Re: Must the police officer show the driver the laser readin

No, there is no requirement for them to do so.