Search found 2111 matches

by Stanton
Mon Apr 08, 2013 11:36 am
Forum: General Talk
Topic: Fatal Error
Replies: 12
Views: 3025

Re: Fatal Error

What do you mean by nothing else? No City, Township, etc. could be problematic, but a lack of cross street is not. The only time cross streets are typically listed is when the offence is related to an intersection (i.e. failing to stop at a red light). On speeding tickets, typically only the street where the offence occurred is listed.
by Stanton
Mon Apr 08, 2013 11:34 am
Forum: Courts and Procedure
Topic: Out of town trial, no disclosure, trial April 11?
Replies: 17
Views: 8192

Re: Out of town trial, no disclosure, trial April 11?

Now..can I request for disclosure via mail again because its not his job to send me the documents..? The prosecutor seemed clever enough to give disclosure at the trial..can i send a request again via mail since thats what i initially requested?

I cant see there being any requirement for the Crown to resend disclosure directly to you. Your ...
by Stanton
Sun Apr 07, 2013 9:58 pm
Forum: Careless Driving
Topic: Fell asleep while driving yet safety measures were taken
Replies: 3
Views: 3875

Re: Fell asleep while driving yet safety measures were taken

I personally dont think your defence would hold up in Court. Most of the relevant case law Im familiar with states that a driver who falls asleep is not displaying the due care required to operate a motor vehicle. Drivers should be aware of their state of alertness and reasonably know if theyre able to safely operate a motor vehicle. You took some ...
by Stanton
Sun Apr 07, 2013 9:27 pm
Forum: General Talk
Topic: Is it legal to drive with trunk open using bungee cords?
Replies: 2
Views: 20977

Re: Is it legal to drive with trunk open using bungee cords?

Yes, it should be legal, so long as the load and contents of the trunk remain secure.

From the HTA

(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become ...
by Stanton
Sat Apr 06, 2013 7:35 pm
Forum: General Talk
Topic: Driver's License
Replies: 3
Views: 2114

Re: Driver's License

Typically conditions on a licence are explained in plain English on the back. I believe the "N" condition refers to a requirement for the operator to have a hearing device, but it only applies out of the Province or out of the Country with commercial vehicles. I think if you require a hearing device to drive in Ontario it shows a condition "D".
by Stanton
Thu Apr 04, 2013 11:08 am
Forum: Stunt Driving
Topic: Stunt driving at 155 on 400
Replies: 5
Views: 4600

Re: Stunt driving at 155 on 400

A quick Google of that name links to all sorts of scam and fraud allegations. For any posters seriously considering his services I'd point out that reputable paralegals have no need to spam this board for business.

I also find it interesting that he promises 100% refund if not successful. So give him the cash up front and hope he's honest. :?
by Stanton
Thu Apr 04, 2013 10:51 am
Forum: Compulsory Automobile Insurance Act
Topic: Parking lot accident
Replies: 3
Views: 2601

Re: Parking lot accident

1) You'd have to check your policy, but many companies require you to report all accidents.
2 & 3) Most likely you could pay out of pocket to repair both vehicles yourself.
4) Even though you can't be charged on private property, insurance fault determination rules still apply. You're 100% at fault when you strike someone from behind.
by Stanton
Tue Apr 02, 2013 12:17 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 160 in a 80 zone, HOW F'D AM I?
Replies: 5
Views: 6839

Re: 160 in a 80 zone, HOW F'D AM I?

I dont believe there is any mandatory suspension for stunt driving, but on a first offence you MAY be suspended for up to two years. In terms of plea deals, I typically see the Crown dropping the stunt driving charge (with minimum $2,000 fine and possible suspension and jail time) in exchange for pleading to the speeding charge as is (80 over in ...
by Stanton
Fri Mar 29, 2013 2:31 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Can I appeal after I was found guilty and paid the fine?
Replies: 2
Views: 2038

Re: Can I appeal after I was found guilty and paid the fine?


Do I have a chance to an appeal?

I don't believe so. Courts will reopen matters if you were never sent notice of trial or were unable to make make it to Court for a legitimate reason (i.e. hospitalized with an illness).

Here's the section from the Provincial Offences Act that deals with reopening matters:
Reopening
Application to strike out ...
by Stanton
Mon Mar 25, 2013 5:33 pm
Forum: Compulsory Automobile Insurance Act
Topic: trying to dig out of the hole
Replies: 4
Views: 2303

Re: trying to dig out of the hole

The insurance company will see what you were charged with and the date of the offence. They will not see which vehicle you were operating.

And obviously by telling you this, I'm not encouraging you to chance driving without insurance again. You're extremely lucky you didn't get caught surrendering a cancelled policy slip, as you really would be up ...
by Stanton
Mon Mar 25, 2013 5:30 pm
Forum: Stunt Driving
Topic: Driving 183 on the 401
Replies: 5
Views: 3451

Re: Driving 183 on the 401

Agreed that professional representation is your best option.

And since you received a summons, not a ticket, the incorrect date is irrelevant.
by Stanton
Mon Mar 25, 2013 5:27 pm
Forum: Driving While Suspended
Topic: License Suspension + Insurance Questions
Replies: 6
Views: 22280

Re: License Suspension + Insurance Questions

It really varies depending on your provider and policy.
by Stanton
Mon Mar 25, 2013 12:49 pm
Forum: Compulsory Automobile Insurance Act
Topic: trying to dig out of the hole
Replies: 4
Views: 2303

Re: trying to dig out of the hole

1) They will see your conviction, but they will have no idea what vehicle you were operating or if you were insured.

2) I suppose it's possible but I've never heard of it happening. They would have to notify the police who would have to investigate it. I'd say you got a very lucky break.

I can't recall, but you may need to get a safety ...
by Stanton
Mon Mar 25, 2013 12:41 pm
Forum: Driving While Suspended
Topic: License Suspension + Insurance Questions
Replies: 6
Views: 22280

Re: License Suspension + Insurance Questions

ADLS is the 90 day suspension you get if charged with impaired (not convicted).

DL histories are forever, but insurance companies are only allowed to go back a few years.
by Stanton
Sun Mar 24, 2013 11:24 pm
Forum: Criminal Offences
Topic: DUI with G1
Replies: 13
Views: 8975

Re: DUI with G1

G1, G2 or full G licences are all treated the same with Criminal offences and if youre convicted, the consequences are pretty serious.

The Criminal Code considers refusing to provide a sample of your breath the same as being over the legal limit. First time offence is a minimum $1,000 fine, minimum 1 year driving prohibition (or 3 months if opt ...
by Stanton
Sun Mar 24, 2013 6:41 pm
Forum: Driving While Suspended
Topic: License Suspension + Insurance Questions
Replies: 6
Views: 22280

Re: License Suspension + Insurance Questions

A number of posters have reported that they're insurance rates have gone up simply with a suspension history on their record (and no actual conviction for driving under suspension). The FSCO, who oversee auto insurance in Ontario, don't allow certain types of suspension to count against you (medical comes to mind) but are unclear on others. They do ...
by Stanton
Fri Mar 22, 2013 6:19 pm
Forum: General Talk
Topic: Motorcycle noise by-law
Replies: 3
Views: 4761

Re: Motorcycle noise by-law

Unfortunately that clause would likely not apply when dealing with bylaw noise limits. Bylaws are separate from the Highway Traffic Act, and therefor could have totally different notification requirements (if any notification is required at all).
by Stanton
Fri Mar 22, 2013 5:59 pm
Forum: General Talk
Topic: Strategy suggestions please
Replies: 6
Views: 2222

Re: Strategy suggestions please


4. In request to a copy of both sides of the officer's copy of the ticket (Notice of offense)
The (Affidavit of Service) on the backside is blank (Does that matter?)

Most likely no. The affidavit of service is only needed if you're served the ticket by someone other than the charging officer. For most roadside traffic stops, it's the officer ...
by Stanton
Fri Mar 22, 2013 5:46 pm
Forum: General Talk
Topic: Missed trial date
Replies: 4
Views: 3534

Re: Missed trial date

I believe you actually have 15 days to request a Justice of the Peace reopen the matter. The problem is, I'm not sure your reason for missing Court would be deemed acceptable. Typically it would either have to be an error on the Courts part (i.e. they never sent you notice) or some situation beyond your control (i.e. you were in an accident on the ...
by Stanton
Wed Mar 20, 2013 9:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Must Submit 4F By Monday Mar 4!
Replies: 5
Views: 3848

Re: Disobey Stop Sign - Must Submit 4F By Monday Mar 4!

If both 4F's aren't accepted, and the officer's at the trial, I'm probably going to argue strict vs absolute offence citing R. v. Locke, 2007 and R. v. Kanda, 2008, and say that the video shows me slowing down, it was my intention to stop and I thought I did momentarily, and no prior convictions showing I have a good driving record.


I'm not ...
by Stanton
Wed Mar 20, 2013 9:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Missing Direction on the Ticket?
Replies: 2
Views: 2017

Re: Missing Direction on the Ticket?

Direction of travel would not be listed on the ticket.

Not sure what you mean by verbal accusations, etc.
by Stanton
Tue Mar 19, 2013 6:59 pm
Forum: General Talk
Topic: plate stickers
Replies: 2
Views: 1656

Re: plate stickers

Thats ridiculous on the officer's part. In my mind that would fall under a principle of law known as the kienapple principle, where you cant be convicted of two offences that arise from basically the same facts.

Request a first attendance meeting with the Crown. I have no doubt theyll withdraw one of the two tickets in exchange for a plea on the ...
by Stanton
Mon Mar 18, 2013 11:41 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Beautiful speed trap in downtown Toronto
Replies: 9
Views: 3633

Re: Beautiful speed trap in downtown Toronto

The interpretation Ive always seen the Courts take is that the sign is valid as long as it would be visible from 60 meters back. In other words, regardless if you just turned onto the roadway or not, as long the sign would be visible to approaching traffic 60 meters down the road, it meets the requirement. I dont know if there is case law ...
by Stanton
Sat Mar 16, 2013 11:04 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain for scraping a pole?
Replies: 8
Views: 11244

Re: Failure to remain for scraping a pole?

The matter was actually reviewed by the Ontario Appeal Court late last year:

Many provisions of the HTA are by their terms limited to "highways". Other provisions, however, are not so limited. Nothing in the overall structure of the HTA or its purpose compels the reading of the word "highway" into sections in which it does not appear. Section 199 ...
by Stanton
Sat Mar 16, 2013 11:51 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to obey stop sign HTA 136 a (with video evidence)
Replies: 13
Views: 6194

Re: Fail to obey stop sign HTA 136 a (with video evidence)

Received my court date in the mail yesterday. I am going to request the disclosure this week. Does anyone know if the officers have some sort of "guidelines". "manual" or "rulebook" outlining procedures for setting up road side stop traps? They must have certain procedures that must be followed, such as distance, view of intersection etc.

Very ...
by Stanton
Fri Mar 15, 2013 7:18 pm
Forum: Failing to remain at the scene of a collision
Topic: Failure to remain for scraping a pole?
Replies: 8
Views: 11244

Re: Failure to remain for scraping a pole?

Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.
by Stanton
Thu Mar 14, 2013 11:25 am
Forum: Failing to yield the right-of-way
Topic: Failure to Stop and Yeild for Emergency Vehicle
Replies: 1
Views: 5281

Re: Failure to Stop and Yeild for Emergency Vehicle

Based on your description of what happened, I think you might have a reasonable defence. The officer certainly could have charged the EMS driver if they were at fault, or simply laid no charge at all.

Id request disclosure, specifically the statements of the EMS driver and any other witnesses. Your main argument will probably be that you made ...
by Stanton
Thu Mar 14, 2013 11:01 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Passing and Speeding - Two Cars Pulled Over
Replies: 4
Views: 2667

Re: Passing and Speeding - Two Cars Pulled Over

I dont know if theres a particular piece of case law that would really assist you. The fact that you were passing and going downhill isnt a defence. Basically youre just trying to raise reasonable doubt that the officer accurately recorded the speed of your vehicle. You probably were speeding, but youre going to need to argue that they obtained the ...
by Stanton
Thu Mar 14, 2013 10:54 am
Forum: General Talk
Topic: Novice Driver - BAC Above Zero
Replies: 6
Views: 6555

Re: Novice Driver - BAC Above Zero

The Crown has to prove youre guilty beyond a reasonable whereas your goal will be to raise that reasonable doubt.

Typically for cases such as yours the two main points I see argued are whether the officer had grounds to make a demand for your breath and whether the device was calibrated and working correctly and an accurate reading was obtained ...
by Stanton
Thu Mar 14, 2013 12:57 am
Forum: Driving While Suspended
Topic: Driving while suspended
Replies: 3
Views: 2986

Re: Driving while suspended

Its difficult to say what your chances are of being offered a plea deal. Busier jurisdictions are typically more likely to offer deals, but its really dependent on how serious they deem your charge and which Crown reviews you file. Typically if offered, the plea would be to "drive no licence" (the equivalent of driving with an expired licence) with ...