Search found 2111 matches

by Stanton
Tue Jun 17, 2014 12:46 am
Forum: Improper opening of a vehicle door
Topic: Passenger - Fail To Properly Wear Seat Belt
Replies: 3
Views: 4032

Re: Passenger - Fail To Properly Wear Seat Belt

Demerit points for seatbelt offences only apply to the driver, not passengers.
by Stanton
Sat Jun 14, 2014 12:09 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Received Disclosure, Nothing in my favour... what's my strat
Replies: 11
Views: 4190

Re: Received Disclosure, Nothing in my favour... what's my s

Disobey sign is a very generic offense for doing something other than what any road sign says. If it's a serious violation, running a red light or a stop sign, it can carry demerit points and is reported because it's a moving violation. Disobey sign could be cited for stopping in a no stopping area - it is not necessarily a moving violation and ...
by Stanton
Sat Jun 14, 2014 2:03 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Received Disclosure, Nothing in my favour... what's my strat
Replies: 11
Views: 4190

Re: Received Disclosure, Nothing in my favour... what's my s

Ask for the charge to be reduced to something like disobey a sign in exchange for a guilty plea - it's under $100 for the fine and victim's fee (I think $55+$20) but it's not traffic offense that goes on your record and you don't receive points. It's not considered a moving violation. It does not get reported to your insurance company.

That's ...
by Stanton
Fri Jun 13, 2014 11:00 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Received Disclosure, Nothing in my favour... what's my strat
Replies: 11
Views: 4190

Re: Received Disclosure, Nothing in my favour... what's my s

Looks like the officer used a template to ensure everything is covered off. I dont see anything critical missing from his notes.

What should I be asking the officer? I assume I should focus on the testing procedure given in the manual. I notice it's only tested up to 100 km/h, can I use this in my favour?
Thats part of the speed simulation test ...
by Stanton
Fri Jun 13, 2014 10:40 pm
Forum: Summon
Topic: Summons and first appearance_Worried and confused
Replies: 2
Views: 3006

Re: Summons and first appearance_Worried and confused

Are the unpaid tickets the ones you were going to Court for or something else? It sounds like you were simply convicted in absentia. That means you were found guilty when you didnt show up for Court. If convicted of both offences youre looking at some serious fines to pay off, somewhere around $5,000-$6,000. Youll need to attend the Court office to ...
by Stanton
Fri Jun 13, 2014 1:01 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Charged 90km in a posted 70km zone, actually 90 Zone
Replies: 1
Views: 2426

Re: Charged 90km in a posted 70km zone, actually 90 Zone

We are going to ask for a dash cam in disclosure, are there any cases on this defence

It's not a defence that requires specific case law. You'd simply be arguing the alleged facts, namely the posted speed limit at the location of the offence. It will probalby be your son's word versus the officers. I don't believe the OPP typically use dash cams ...
by Stanton
Fri Jun 13, 2014 12:57 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Fighting a 97 in a 60 with "Legal Justification"
Replies: 7
Views: 2941

Re: Fighting a 97 in a 60 with "Legal Justification"

Be prepared for some heavy cross examination on your statement. I personally dont think what you have is sufficient, but it will be very dependent on your articulation.
the road then turned into a decline elevating my higher speed
I don't understand what you mean by this.
by Stanton
Wed Jun 11, 2014 10:52 am
Forum: General Talk
Topic: Letter informing vehicle owner that car was seen speeding
Replies: 5
Views: 2751

Re: Letter informing vehicle owner that car was seen speedin

Depending on the nature of the complaint, most police services take some action regarding driving complaints. I know the OPP are big on sending out warning letters. Many other police services simply have an officer call the registered owner.

Still though, Im curious how a) someone determined your family was going 7 km/hr over the limit and b) they ...
by Stanton
Wed Jun 11, 2014 8:34 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Using Laser downhill and through tinted windows a violation?
Replies: 11
Views: 4149

Re: Using Laser downhill and through tinted windows a violat

My understanding of the Provincial Offences Act is that Courts can deal with matters from adjoining Regions. So if a Toronto officer charged someone in Peel or York, Toronto Courts should still have jurisdiction.

29. (1) Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice ...
by Stanton
Fri Jun 06, 2014 9:28 am
Forum: Failing to report a collision to a police officer
Topic: Re: How to understand the "property" under subsection 199(1)
Replies: 2
Views: 3093

Re: Re: How to understand the "property" under subsection 19

Yes it means any and all vehicles and other property. So as long as there's $1,000+ damage in total, you must report.
by Stanton
Sat May 31, 2014 8:09 am
Forum: General Talk
Topic: Expired License + Small Collision
Replies: 7
Views: 3231

Re: Expired License + Small Collision

I think I'm over-thinking this all...

Yep.

The officer could proceed by way of summons for up to six months from the offence date. This is unlikely though since he could have served you in person at the reporting centre. Also, police don't determine fault, it's determined by the following regulation: http://www.ibc.ca/en/car_insurance/documents ...
by Stanton
Thu May 29, 2014 9:37 pm
Forum: Prohibited turns
Topic: Is it illegal to turn into the further lane?
Replies: 3
Views: 5191

Re: Is it illegal to turn into the further lane?

In short, yes. You're required by law to turn into the closest lane or when there are multiple turn lanes, the corresponding lane from where you started your turn. The only exception are large vehicles that are physically incapable of turning into the closest lane. The most likely charge for such an offence would be "improper right/left turn". It ...
by Stanton
Thu May 29, 2014 4:42 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Using Laser downhill and through tinted windows a violation?
Replies: 11
Views: 4149

Re: Using Laser downhill and through tinted windows a violat

I believe most laser devices can be used through glass without issue. It can significantly reduce the range of the device, but not the accuracy.

Im regards to your link, Im really not sure what the author actually means. I think hes simply referring to the fact that its more difficult for police to accurately target a vehicle on a road with bends ...
by Stanton
Thu May 29, 2014 4:26 pm
Forum: General Talk
Topic: Expired License + Small Collision
Replies: 7
Views: 3231

Re: Expired License + Small Collision

Many reporting centres are funded by insurance companies and they automatically receive a copy of the police report. Also keep in mind that if the other driver decides to go through insurance then your provider will most certainly be notified as well. In short, Id assume your insurance company will be notified of the accident. Im not sure how ...
by Stanton
Fri May 23, 2014 8:43 pm
Forum: Improper right turn
Topic: Newly added "no right turn sign" and ticket
Replies: 2
Views: 2922

Re: Newly added "no right turn sign" and ticket

Is there any point of me disputing any or all of those tickets based on my clean record?
Yes. At the very least request a first attendance meeting with the Crown. Bring your current proof of ownership and insurance with you. Its quite likely that the Crown will drop one or two of the charges if you plead guilty to the rest. It's unfortunate the ...
by Stanton
Mon May 19, 2014 11:12 pm
Forum: Careless Driving
Topic: careless driving charge
Replies: 5
Views: 2939

Re: careless driving charge

Certainly don't plead guilty to the charge as it stands. At the very least request a first attendance meeting and see what type of plea deal is offered.

I'm not sure what your chances of fighting the actual careless charge would be. While you're not expected to drive with perfection, your initial mistake followed by a serious over reaction would ...
by Stanton
Mon May 19, 2014 11:03 pm
Forum: General Talk
Topic: Reinstating suspended licence - Question
Replies: 1
Views: 1513

Re: Reinstating suspended licence - Question

You should be able to renew you licence anywhere. You dont have to go back to the jurisdiction where the offence occurred.

In regards to your second question, Im not sure, but I believe the suspensions are time specific. You should probably verify that with the MTO however.
by Stanton
Sun May 18, 2014 8:05 pm
Forum: General Talk
Topic: Trying to get a stay for expired plate. Need some guidance.
Replies: 6
Views: 2376

Re: Trying to get a stay for expired plate. Need some guidan

Any HTA charge where you're convicted as the driver should appear on an abstract. The fact that it didn't appear on yours is probably due to a clerical error.
by Stanton
Sat May 17, 2014 9:40 am
Forum: Careless Driving
Topic: Careless Driving
Replies: 7
Views: 3427

Re: Careless Driving

Kitab wrote:I hit a parked Commercial Van...my speed is less tham 10 kmh
Kitab wrote:My Car is Totalled now
Maybe I'm not understanding correctly, but there's no way a 10 km/hr impact should cause that much damage.
by Stanton
Sat May 17, 2014 12:15 am
Forum: Traffic Offences Outside Ontario
Topic: 15 over in Alberta = points in Ontario? Weird situation.
Replies: 2
Views: 2984

Re: 15 over in Alberta = points in Ontario? Weird situation.

Demerit points are calculated as if the offence happened in Ontario. So 15 over will result in zero points and 29 over will result in 3 points.
by Stanton
Thu May 15, 2014 7:37 pm
Forum: General Talk
Topic: Right to Travel
Replies: 2
Views: 1621

Re: Right to Travel

I really hope you're not buying into the "freeman on the land" ideology, its utter nonsense. The group quotes very narrow and selective portions of laws that support their beliefs. They ignore the overall context of the law, past legal precedent and anything else that would contradict or weaken their view. Their very ill conceived and nonsensical ...
by Stanton
Tue May 13, 2014 8:13 pm
Forum: General Talk
Topic: Question about breathalizers
Replies: 5
Views: 2385

Re: Question about breathalizers

I've had this happen to me also.... apparently smoking can cause a false positive...
Thats actually incorrect; cigarette and other tobacco smoke wont cause a false reading, but can damage the sensor in the device. Thats why police ask if youve recently smoked and delay the test if you have. The only way youre likely to get a false reading is ...
by Stanton
Sat May 10, 2014 4:10 pm
Forum: General Talk
Topic: dash cams / evidence etc
Replies: 3
Views: 2267

Re: dash cams / evidence etc

1) Yes, video captured by the device could be used as evidence in Court. Im not sure however if would be very beneficial for speeding offences. The main issue is that the accuracy of your speedometer/GPS is unknown, whereas the Courts recognize and trust laser, radar, etc. It would still be very beneficial for most other offences however.
2) Yes ...
by Stanton
Fri May 09, 2014 11:45 pm
Forum: General Talk
Topic: Question about breathalizers
Replies: 5
Views: 2385

Re: Question about breathalizers

No, there is no requirement for the officer to provide a test sample in front of you. There are steps they must take to ensure the device is functioning correctly but these would be done prior to use, typically at the start of shift.

First, the officer must ensure that the device has been calibrated within the past 14 days. Calibrations are ...
by Stanton
Fri May 09, 2014 9:23 am
Forum: Failing to obey signs
Topic: fail to obey sign
Replies: 15
Views: 6300

Re: fail to obey sign

The Highway Traffic Act has a regulation dealing with signs: http://www.canlii.org/en/on/laws/regu/rro-1990-reg-615/latest/rro-1990-reg-615.html

It states that speed limit signs must have black numerals on a white background. The yellow speed limit signs, typically seen on on-ramps, are suggested precautionary speeds.

Edit: Oops, should have read ...
by Stanton
Fri May 09, 2014 1:46 am
Forum: General Talk
Topic: Not enough time to review disclosure
Replies: 3
Views: 2030

Re: Not enough time to review disclosure

Its somewhat dependent on your charge and how much evidence there is to review. Chances are youll be granted an adjournment (not a stay), but be prepared to articulate why its needed. Ive seen defendants receive disclosure on the day of their trial and not receive any adjournment.

You already know what offence youve allegedly committed, so how ...
by Stanton
Thu May 08, 2014 6:08 pm
Forum: General Talk
Topic: Parking lot collision, info exchanged except for ins company
Replies: 1
Views: 1440

Re: Parking lot collision, info exchanged except for ins com

1) Im not sure why you didnt report the accident right away. It certainly sounds like theres over $1,000 damage which means the accident must be reported by law. The fact that you havent already done so could result in you being charged with failing to report.
2) It would be a civil matter which falls outside the realm of these boards.
3) False ...
by Stanton
Thu May 08, 2014 10:03 am
Forum: Criminal Offences
Topic: caught driving with suspended license 5 times
Replies: 3
Views: 3696

Re: caught driving with suspended license 5 times

I really don't see how you'll be able to avoid jail time. I'm actually surprised you haven't been incarcerated in the past. Typically on the third conviction a custodial sentence is requested. You might want to consult with a legal professional since you'll probably be spending a few months in jail if convicted.

Reciprocal agreements between ...
by Stanton
Wed May 07, 2014 9:37 pm
Forum: General Talk
Topic: Novice Driver - BAC over zero - Possible courses of action?
Replies: 8
Views: 3409

Re: Novice Driver - BAC over zero - Possible courses of acti

JohnDeere wrote:I could be wrong, but I believe that you get your license back from the police after 3 days. The 30 day suspension you need to have it reinstated.
That's how it used to be with the old 12 hour suspensions. The police would take your licence back to the station and you could pick it up 12 hours later.
by Stanton
Wed May 07, 2014 4:02 pm
Forum: General Talk
Topic: bluetooth devices / cell phones / distraction
Replies: 7
Views: 2861

Re: bluetooth devices / cell phones / distraction

Basically, if you have to touch the phone to answer it at all, then it is distracted driving.
That's incorrect. The regulation allows users to press a button to answer and/or end a call.

Exemption for pressing buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to ...