Ontario Highway Traffic Act

Someone being cautioned by police can have different meanings. It doesn't necessarily correlate to being at fault.

Theres whats known as a "formal" caution, where youre served a document stating you could have been charged with an offence but are being given a warning instead. Ive never heard of formal cautions being issued for traffic offences ...

It could if the breath sample resulted in a 3 day administrative suspension.
Yes and no. The instrument in questions (Intoxilyzer 8000C) wouldn't be used for roadside readings. It's a large instrument that's typically used at the police station for testing impaired/over 80 drivers. That being said, if the reading from a roadside device was ...

Yes, your G1 licence restrictions still apply outside the Province of Ontario. Youd also have to abide by any other applicable laws for the jurisdiction that youre driving in. It would be dependent on the actual jurisdiction, their local laws and any applicable exemptions for non-residents.

So for example, if Province XYZ allows novice drivers to ...

Statement admissibility is one of the more frequent issues to come up at trial and also one of the more difficult ones. Statements certainly CAN be admitted at trial and frequently are, but its dependent on a multitude of factors and case law. In fact if a case ever hinged on a statement or admission, thats one time Id strongly suggest seeking a ...

I got a camera ticket today. It states that I failed to stop at a red light and I also went through the intersection. In reality, I turned right to corner shop.
As Bend explained, your ticket isn't for going through the intersection, it's for not stopping first at the red light. Regardless if you're turning right, you still need to come to a full ...

If your vehicle was deemed unsafe and the plates were seized, your vehicle is probably now considered "unfit". That means you cannot get new plates for the vehicle until you address the issues and your car passes a safety inspection. Check the ownership for your vehicle, did the officer write unfit on it?

You were charged under the wrong section, 156 deals with driving the wrong direction on a divided highway. The correct section would be 154(1)(a).

There is also case law that deals with the same scenario and section you should have been charged under from 2010, R v. Capobianco.

Link: http://www.canlii.org/en/on/onca/doc/2010/2010onca589 ...

I want to stress that's just my interpretation. I haven't seen a clear answer from the Courts or MTO.

I would think it's an error.

Section 44.1 of the HTA covers the zero BAC requirement, and it says the following:
44.1 (1) It is a condition of the drivers licence of every novice driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14

For the definition of a ...

The zero BAC licencing condition should only apply when youre driving the applicable vehicle type. The one catch though is that the sanctions for violating a novice condition now apply to your full licence as well. So if you breach one of the conditions, such as getting a 4 demerit point ticket (even while driving your car) youll be looking at a 30 ...

I find the biggest problem with clear plate covers is in the winter. When your car is dirty and salt stained, you cant make out the plate at all. With a bare plate you can at least see the embossed letters even if its covered in salt. Also, even if you take your car through a wash, I find dirt tends to build up in the gap between the cover and the ...

Most parts of the section state that the officer "shall", which would arguably mean there is no discretion (typically other sections of the act state that an officer "may"). But I doubt anyone would ever complain that their vehicle wasn't impounded, etc. And what would be the remedy for an officer not laying a more serious charge? And is it ...

Insurance companies are now sharing some data with the MTO and police regarding insurance status. The data isn't always available for every vehicle, but it gives the officer a little more to go on when investigating.

I'm not sure I follow. Are you suggesting they possibly didn't have the right to pull you over?

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yes, the new escalades have the adaptive cruise control that uses radar and that give a false beep and technically they cannot assume that a RD was in the vehicle? To answer that particular question, the requirement for a police officer to ...

The new crosswalk law to what I read does not apply to what you describe. It applies to a
1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15
2) intersection which has school crossing guards HTA 176(3)

I agree, the new law is quite limited in regards to where it applies. I think part of the blame falls on media who ...