Search found 2111 matches

by Stanton
Wed Dec 18, 2013 9:31 pm
Forum: Failing to stop for a school bus
Topic: Passing bus on an intersection
Replies: 5
Views: 4005

Re: Passing bus on an intersection

In my initial post, I did not mention that the arm was out and that the bus was unloading kids. Just because I was on a different street, I am good with passing? My peers scared me today, saying that all traffic needs to be stop.

Yes, you're only required to stop if you're on the same roadway as the bus. Section 175 of the HTA lays out the ...
by Stanton
Tue Dec 17, 2013 11:52 pm
Forum: Stunt Driving
Topic: Are stunt driving penalties unconstitutional?
Replies: 5
Views: 5278

Re: Are stunt driving penalties unconstitutional?

I personally think that a strong charter challenge against some of these laws would succeed. The big problem I see is that the time and expense of launching one of the challenges would be significant. It wouldn't help someone who's had their car impounded get it back any faster (the Court process could take years) and the average person doesn't ...
by Stanton
Tue Dec 17, 2013 12:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Ticket Without Speed nor Zone Limit on Offence
Replies: 2
Views: 2253

Re: Speeding Ticket Without Speed nor Zone Limit on Offence

Search the forum for threads dealing with fatal errors. You DONT want a trial, since then your ticket can be amended. Hopefully the JP noticed the missing information and quashed your ticket.
by Stanton
Tue Dec 17, 2013 12:41 pm
Forum: Failing to stop for a school bus
Topic: Passing bus on an intersection
Replies: 5
Views: 4005

Re: Passing bus on an intersection

If you turned right onto the same roadway as the bus, you would need to stop before passing it. But otherwise you're not required to stop if proceeding straight through, etc.
by Stanton
Sat Dec 14, 2013 2:57 pm
Forum: Improper right turn
Topic: HTA s. 144(18)
Replies: 16
Views: 16825

Re: HTA s. 144(18)

ynotp wrote:Okay lets hope this clears this up:

Source: http://www.wheels.ca/guides/advance-gre ... rn-on-red/
Very interesting, thanks for sharing. Wish they'd write the HTA in plain english like the article. I remember even my driving instructor back in the day telling me it was illegal to make a right turn on an advanced left.
by Stanton
Wed Dec 11, 2013 5:01 pm
Forum: General Talk
Topic: Suspended license duration and appeal
Replies: 1
Views: 1502

Re: Suspended license duration and appeal

There is no appeal process. The section states " there is no appeal from, or right to be heard before, the suspension of a drivers licence under this section". While I suspect this denial of appeal could be challenged under the Charter in Court, that would be a very drawn out process that would take much longer then the suspension itself. Your only ...
by Stanton
Wed Dec 11, 2013 3:55 pm
Forum: Improper right turn
Topic: HTA s. 144(18)
Replies: 16
Views: 16825

Re: HTA s. 144(18)

Regardless is there is a green arrow indicating a left turn, you can make right on a red if you stop first so long as you can do so safely and there is no sign prohibiting it. SS 19 grants that exemption.

That's actually incorrect. Subsection 19 is still subject to subsection 14.

(19) Despite subsection (18) and subject to subsection (14) , a ...
by Stanton
Tue Dec 10, 2013 1:31 pm
Forum: Speed Traps
Topic: Is this legal?
Replies: 14
Views: 13064

Re: Is this legal?

The police would have to comply if the property owner asked them to leave, but it doesnt negate whatever enforcement theyve conducted. It wont be a defence for your charge in Court.
by Stanton
Mon Dec 09, 2013 4:46 pm
Forum: General Talk
Topic: G2 driver BAC Above zero
Replies: 2
Views: 2342

Re: G2 driver BAC Above zero

The conviction will show on your drivers abstract and likely increase your insurance rates as a novice driver. Furthermore, if youre convicted, your licence will be suspended for an additional 30 days. You may want to review your options before pleading guilty.

Its somewhat problematic that you claim to have only had one glass of wine and yet you ...
by Stanton
Tue Dec 03, 2013 10:43 pm
Forum: Improper passing
Topic: Hit on 401 while changing lanes
Replies: 2
Views: 3178

Re: Hit on 401 while changing lanes

1) If you're both in the process of changing lanes, it would likely be 50/50 fault. It would depend on what the police report says.
2) Again dependent on what determination the investigating officer makes. Change lane not in safety, 142(1) would be a possible charge. It carries a $110 fine and 2 points. But they could lay no charge, or something ...
by Stanton
Tue Dec 03, 2013 5:10 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Distracted by sudden snow conditions! Any Hope for me?
Replies: 3
Views: 1936

Re: Distracted by sudden snow conditions! Any Hope for me?

In Ontario, speeding is what's known as an absolute liability offence. If it's the same in Nova Scotia, your explanation would not work. Regardless, I personally think most Courts would fault your logic that ignoring road signs was the prudent course of action in poor weather. Also problematic is the fact that you're arguing you were trying to be ...
by Stanton
Tue Dec 03, 2013 5:00 pm
Forum: Red Light Camera Ticket
Topic: Disclosure request for Red Light Camera Ticket
Replies: 1
Views: 3062

Re: Disclosure request for Red Light Camera Ticket

There is no additional disclosure provided with red light camera tickets. The ticket itself is considered to be evidence of the offence.

In terms of determining if the camera and/or traffic light was working correctly, you need only look at the photograph. You should be able to see a visible red traffic signal at the time you entered the ...
by Stanton
Sun Dec 01, 2013 8:02 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 80km/h in a 50km/h zone
Replies: 4
Views: 4029

Re: 80km/h in a 50km/h zone

The argument that your speedometer showed 78 km/hr instead of 80 km/hr isn't a defence that will work in Court. The difference in speed is minor and you don't know if the officer obtained the reading at the same time you looked at your speedo. Courts will also generally accept the radar as being far more accurate then your speedo.

As with any ...
by Stanton
Fri Nov 29, 2013 8:50 pm
Forum: Criminal Offences
Topic: emission ticket
Replies: 8
Views: 4600

Re: emission ticket

What was the actual charge, section and act?
by Stanton
Wed Nov 27, 2013 11:22 am
Forum: General Talk
Topic: Missed Early Prosecution meeting
Replies: 9
Views: 14372

Re: Missed Early Prosecution meeting

You have to attend Court and request the matter be reopened. You only have 15 days from when you became aware of the conviction to do so. You also need to demonstrate that the reason you failed to attend was through no fault of your own. In other words it can't be that you simply forgot, it has to be something more akin to an unexpected emergency.