Search found 2111 matches

by Stanton
Tue Nov 06, 2012 11:23 pm
Forum: General Talk
Topic: Where does HTA get its authority?
Replies: 5
Views: 1844

Re: Where does HTA get its authority?

Are you asking about a specific authority? Or just simply how the Provincial Government passes a law? If its the latter, a bill is brought forward to the Legislative Assembly by a MPP. If the bill passes a first and second reading, its sent for review by committee. The committee would present a report with possible amendments/recommendations and ...
by Stanton
Tue Nov 06, 2012 8:23 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 155km/h on 100km/h zone. reduced to 149km/h by the officer
Replies: 9
Views: 4115

Re: 155km/h on 100km/h zone. reduced to 149km/h by the offic

It means you would be admitting guilt to your current charge of 49 over. You would then basically explain to the Justice of the Peace why they should show some leniency. At their discretion, and with good cause (i.e. financial hardship due to unemployment) they can reduce the fine, give more time to pay, etc. They cannot however reduce the charge ...
by Stanton
Tue Nov 06, 2012 8:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Fail to Stop
Replies: 3
Views: 3364

Re: Disobey Stop Sign - Fail to Stop

1) No. You can still go to trial.
2) Yes. In my experience the Crown will already have some disclosure ready for the early resolution meeting. Typically the Crown would at least want the officer's notes so that they can have an idea of how strong the charges are and if any reductions were already granted at the roadside.
3) Video evidence is rare ...
by Stanton
Tue Nov 06, 2012 6:21 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 155km/h on 100km/h zone. reduced to 149km/h by the officer
Replies: 9
Views: 4115

Re: 155km/h on 100km/h zone. reduced to 149km/h by the offic

Is it possible to go to court and tell the clerk something like "I'd like to plead guilty for a lesser charge".

No, only the Crown can offer you a plea to a lesser charge. While the Courts will sometimes reduce your fine if there is good reason, they cannot change the offence itself or the associated number of demerit points.

The problem is ...
by Stanton
Mon Nov 05, 2012 8:46 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Getting a ticket via aircraft
Replies: 1
Views: 3521

Re: Getting a ticket via aircraft

The officer on the plane who measures your speed would contact another officer waiting on the ground who stops you and issues the ticket.
by Stanton
Sun Nov 04, 2012 10:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light conviction question
Replies: 18
Views: 7759

Re: Red light conviction question

CanLII (Canadian Legal Information Institute) is a great free resource with lots of case law.

Link: http://www.canlii.org/en/

And here's a link to London (City) v. Young: http://www.canlii.org/en/on/onca/doc/20 ... ca429.html
by Stanton
Sun Nov 04, 2012 9:07 pm
Forum: Parking Tickets
Topic: Fire route on private property do I have case?
Replies: 8
Views: 5607

Re: Fire route on private property do I have case?

No. Again to use the speeding analogy, an officer might give one speeder a break and another a ticket even though they committed the same offence. You can't use the fact that someone else got a break as a defence for your charge. Officers are allowed to use discretion. I do agree that it's annoying that everyone but you got a break and somewhat ...
by Stanton
Sun Nov 04, 2012 7:19 pm
Forum: Parking Tickets
Topic: Fire route on private property do I have case?
Replies: 8
Views: 5607

Re: Fire route on private property do I have case?

The Court will only be interested in what you did, since you're the one who was charged. It's like getting stopped for speeding, the fact that everyone else may have been speeding isn't a defense. It sucks that you're the only one who was charged, but it doesn't change what you're accused of.

I also don't see the fact that a fire truck could fit ...
by Stanton
Thu Nov 01, 2012 10:50 pm
Forum: General Talk
Topic: Does this mean my ticket got cancelled?
Replies: 4
Views: 2199

Re: Does this mean my ticket got cancelled?

That certainly looks like the officers copy, but its a little hard to make out. There are also two white carbon copies of every ticket that can be kept by the officer for notes, etc.

I can see a few other mistakes on the ticket. Youre supposed to write out "Highway Traffic Act", not use the short form HTA. Should also add "commercial motor vehicle ...
by Stanton
Wed Oct 31, 2012 8:21 pm
Forum: General Talk
Topic: 17 with two tickets. Have a few questions.
Replies: 21
Views: 7072

Re: 17 with two tickets. Have a few questions.

Thank you very much !! Greatly appreciated Bend :) So if my license gets cancelled, and I restart the whole Driver Education thing, would that mean my record would be wiped clean and there would be no convictions on my record (for insurance purposes) ?

No, the conviction is permanently on your record, even if you start the graduated licencing ...
by Stanton
Wed Oct 31, 2012 10:47 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Advise appreciated - 145 on ETR407
Replies: 3
Views: 2359

Re: Advise appreciated - 145 on ETR407

bend wrote:I don't believe any Ontario officers still use radar.
Id strongly disagree with that. While laser is popular, I still see tons of handheld radar units in use. Its also the only option Im aware of that works from a moving vehicle.
by Stanton
Tue Oct 30, 2012 11:05 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: What rules govern how cops can create traps in Ontario?
Replies: 5
Views: 4253

Re: What rules govern how cops can create traps in Ontario?

There is no requirement for the officer to show you the speed measuring device at the time of the stop. While officers will sometimes show you the device as a courtesy, it's not always possible if the device is mounted directly in their vehicle. Many traffic enforcement cars have the radar mounted directly in the back window to catch vehicles ...
by Stanton
Mon Oct 29, 2012 6:17 pm
Forum: Bylaws Pertaining to Traffic
Topic: Bogus parking ticket
Replies: 2
Views: 2839

Re: Bogus parking ticket

If you have clear evidence showing you (and more importantly your vehicle) werent at the location on the date/time in question, it should be relatively easy to beat the charge. It may even be worth taking with the prosecutor ahead to time to see if theyll simply withdraw the charge.

I find it very unlikely someone would have deliberately risked ...
by Stanton
Mon Oct 29, 2012 6:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Advise appreciated - 145 on ETR407
Replies: 3
Views: 2359

Re: Advise appreciated - 145 on ETR407

Youll want to start by requesting disclosure to see what type of device the officer was using and what his observations were. One of the first things to determine is what type of device was used to obtain your speed. Are you certain it was radar? There are also handheld laser devices for measuring speed. They have aiming sights and can easily ...
by Stanton
Sat Oct 27, 2012 2:29 pm
Forum: Driving While Suspended
Topic: 2 drving while suspended in a month.
Replies: 4
Views: 2219

Re: 2 drving while suspended in a month.

Showing that you reasonably believed your fines were paid and were unaware of your suspension may be a defence for the first offence. The second offence is problematic since you were then clearly aware of your suspension but decided to drive anyways. The fact that you were driving a family member to medical appointment will be irrelevant in Court ...