Search found 2111 matches
- 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.
- Mon Apr 08, 2013 11:34 am
- Forum: Courts and Procedure
- Topic: Out of town trial, no disclosure, trial April 11?
- Replies: 17
- Views: 8193
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 ...
I cant see there being any requirement for the Crown to resend disclosure directly to you. Your ...
- 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 ...
- 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 ...
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 ...
- 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".
- 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.
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.
- 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.
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.
- 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 ...
- 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 ...
- 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 ...
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 ...
- 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.
And since you received a summons, not a ticket, the incorrect date is irrelevant.
- 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.
- 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 ...
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 ...
- 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.
DL histories are forever, but insurance companies are only allowed to go back a few years.
- 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 ...
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 ...
- 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 ...
- 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).
- 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 ...
- Fri Mar 22, 2013 5:46 pm
- Forum: General Talk
- Topic: Missed trial date
- Replies: 4
- Views: 3535
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 ...
- 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 ...
I'm not ...
- 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.
Not sure what you mean by verbal accusations, etc.
- 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 ...
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 ...
- 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 ...
- 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 ...
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 ...
- 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: 6195
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 ...
Very ...
- 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.
- 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 ...
Id request disclosure, specifically the statements of the EMS driver and any other witnesses. Your main argument will probably be that you made ...
- 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 ...
- 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 ...
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 ...
- 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 ...