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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 ...

So just heard on the news that a new regulation is being implemented, soon police officers stopping people will need to advise them they do not have to talk to them. Odd if you ask me, because it makes the entire process moot since right there that individual can turn around and say "OK, then I'm walking, ciao".

But that is not what got me ...

Since you got me curious, I read the Law Society of Upper Canada Decision against him (in which he admitted guilt). You can read the full decision here: http://www.canlii.org/en/on/onlst/doc/2015/2015onlsth34/2015onlsth34.html

It explains a bit better how his "free" services work:
Zappia's business model allowed clients to challenge charges for ...

If it sounds to good to be true...

A quick Google search for Mr. Zappia's name reveals some big red flags. As Jsherk points out, his advertising contravenes rules set by the law society and he was served notice by them.
"In the notice issued against Zappia by the law society on March 10, it alleges that contrary to the paralegal rules of conduct ...

Yes, you are legally required to use the actual number plates issued by the Province if you're operating your car on the roadway. Even if you obtain vanity plates that match the original UK numbering, it still wouldn't be lawful to use the UK plates. Great looking car though, looks like you did a great job on the restoration.

My knowledge of e-tickets is limited and Im not sure how standardized the system is across the Province. My general understanding is that while its not instantaneous, e-tickets are automatically sent to the Court offices each weekday. For e-notes, officers would enter them after having issued a ticket. The notes are associated to a specific ticket ...

I seen to recall for similar type of offences police had the discretion of giving 48 hours grace period to the driver to bring proof to the police station and he/she would cancel the ticket, if not, the ticket would stand and driver would have deal with it in court. I don't think this is happening any more, no idea why, but if you ask me, it was a ...

Imo it's not so much relevant on whether the stop sign is on private property or not, but rather if the location the stop sign controls could be considered a private drive. Many sections of the HTA specifically mention they apply to private drives AND intersections etc., whereas the section covering stop signs does not.

Id have to read through all the pertinent sections again, but I believe the only applicable section of the HTA would be 139. That section requires that you yield (but not necessarily stop) to through traffic when exiting a private drive. To the best of my recollection section 136 (the section for stop signs) does not apply to private driveways. The ...

Thank you for the explanation, this is great peace of info.
This actually explains the purpose of having that little sticker that you "should" attach to the back of ownership, it simply helps to show that you did have a validation on your plate but some how (stolen or fell off) is gone missing.

Now, I have a question, HTA says you can not drive a ...

Nothing changed. It has simply been decided that failure to put the sticker on the registration does not put you in a law-breaking situation.
That's incorrect, the law actually changed a few years ago. You were actually required to affix the sticker to your permit until July of 2012.

The regulation for vehicle permits used to read (emphasis ...

[Yes but traffic lights are technology and can have malfunctions. Which is what I think the paralegal was trying to tell me he wanted to argue.
My experience is that most officers will make observations of the light after a traffic stop. Theyll typically watch it for a few cycles to ensure its functioning correctly and time the lights. If they ...

There are no points associated with any City bylaws in Ontario.
That's incorrect.

There are some bylaw offences where demerit points can be applied the same as if you were charged under the HTA. The only saving grace as Daggx points out is that not all municipalities seem to report them as required. The list of applicable offences can be found ...

On a side note - was the sticker placed on both the back of the ownership as well as the TOP RIGHT corner of the license plate? Those are the two places they need to be. If not, it is a charge. The charge was for "affixed improperly" which means that the sticker was there, but not in the right spot. If it was in the right spots, this case should ...

FastNAwesome wrote:My defence is that you can only have one license. And since I was licensed due to residence in another state, I shouldn't have been charged with driving while Ontario license was suspended.

As Bend explained, that's not a defence.

Thoughts?
This information and the radar gun manual were all that was provided. The officer did not include any other notes.

Really appreciate help here.

There really isn't any additional disclosure to be expected for a speeding charge. The notes themselves cover off the basic points required for a conviction. I know you said it's a busy ...