Search found 2111 matches

by Stanton
Sat Mar 05, 2016 10:44 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Minimal information in the disclosure - worth fighting?
Replies: 10
Views: 3271

Re: Minimal information in the disclosure - worth fighting?

If it was an e-ticket the I would have an issue with the test times being exactly at the start and end of the shift to the minute.
The test times in the notes are 7:30 a.m. and 11:00 a.m. I know TPS has staggered start times, but I was under the impression the majority of their officers work from 7 a.m. to 5 p.m. on day shift. That would make the ...
by Stanton
Thu Mar 03, 2016 10:55 am
Forum: Careless Driving
Topic: Hitting lamp post and fail to report
Replies: 9
Views: 3629

Re: Hitting lamp post and fail to report

A conviction for failing to report an accident will make you all but uninsurable and a conviction for careless driving isnt much better. Do NOT simply plead guilty to the charges as they stand. While we often recommend a DIY self-representation approach on this forum, due to the seriousness of your charges Id strongly recommend you seek ...
by Stanton
Tue Mar 01, 2016 12:42 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7965

Re: Lidar test before & after means?

thank, jsherk.I understand, that legally PO has right. Question is it usual practice or somewhat usual to stop just because last day- no other reason.

Plates and permits can typically be queried from in car terminals to find out if they're expired prior to stopping a vehicle. But databases have regular downtimes for maintenance and terminals don ...
by Stanton
Mon Feb 29, 2016 9:46 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7965

Re: Lidar test before & after means?

Perhaps the wording could be a little more clear in the case law, but testing a device at the start and end of a shift would still meet the testing requirement as per the cited case. Keep in mind the Courts aren't stating the device needs to be tested immediately, just at some point after the stop.

As for the notes, my guess is that the officer ...
by Stanton
Wed Feb 24, 2016 2:55 pm
Forum: General Talk
Topic: Speed sign placement requirement/regulation
Replies: 2
Views: 2283

Re: Speed sign placement requirement/regulation

I'm not aware of any requirement that they be posted at every intersection, etc. The only requirement I'm aware of is the distance between signs (under the same o-reg as sign size, etc).
by Stanton
Wed Feb 24, 2016 12:01 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Please help I dont know what to do
Replies: 8
Views: 3282

Re: Please help I dont know what to do

Someone posted something about how a Disobey Sign under a bylaw offense has the same effect on insurance like an HTA offense just no points. I may be wrong, but someone here could elaborate more on this.
It's specifically the offence of making a prohibited turn. It can result in demerit points and a conviction on your record. Some people have ...
by Stanton
Wed Feb 24, 2016 11:58 am
Forum: General Talk
Topic: Ticket for incorrect address on plates
Replies: 8
Views: 2654

Re: Ticket for incorrect address on plates

E-tickets make it more problematic to give people a grace period. E-tickets get automatically filed with the Courts so the officer can't hold onto them for a few days waiting on the driver to fix the problem.
by Stanton
Sun Feb 21, 2016 4:32 pm
Forum: Stunt Driving
Topic: 155Km in 100Km zone
Replies: 11
Views: 4869

Re: 155Km in 100Km zone

It's entirely dependent on your insurance provider and your policy. MOST consider 1-49 over to be a minor offence, but some set have a lower threshold of up to 35 over. If it's just a minor offence, you're probably looking at a relatively moderately increase in the neighborhood of 10-15%. Again though, you'll need to verify with your provider.
by Stanton
Sat Feb 20, 2016 8:31 am
Forum: Driving While Suspended
Topic: Want to take the lesser plea after setting a court date
Replies: 3
Views: 2844

Re: Want to take the lesser plea after setting a court date

That's a pretty big gamble you've taken. Depending on the jurisdiction and number of cases that day, they may still offer you a plea deal. I'd suggest contacting the Crown's office and advising them you've reconsidered and would like to take the plea ASAP. Hopefully they will still honor it and simply let you plead to the reduced charge on the day ...
by Stanton
Fri Feb 19, 2016 9:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding unspecified offence (90 in a 70)
Replies: 11
Views: 3170

Re: Advice regarding unspecified offence (90 in a 70)

Also the set fine was $37.50 and the total payable fine $52.50.
Is this site current? http://proffer.ca/how-your-traffic-tickets-and-speeding-tickets-fine-are-calculated-ontario/

At 10 km/hr over, shouldn't the cost be $40.00? 10 km/hr * $2.50/km + $10 victim surcharge + $5 court cost?
Even at $52.50, at the same rate of $3.75/km...... $3.75/km ...
by Stanton
Wed Feb 17, 2016 9:17 am
Forum: General Talk
Topic: Charges for not producing license, insurance & registration
Replies: 11
Views: 3565

Re: Charges for not producing license, insurance & registrat

OPS Copper wrote:I do not work for the OPP but a Muni. We have had the access now for a little over a year or so/

GS
To the best of my knowledge all police services that want it can now have access. Been available to municipal services for a few years.
by Stanton
Sun Feb 14, 2016 9:43 pm
Forum: General Talk
Topic: Charges for not producing license, insurance & registration
Replies: 11
Views: 3565

Re: Charges for not producing license, insurance & registrat

Yes, especially in the fine department. $65 versus $5,000.
by Stanton
Sun Feb 14, 2016 8:24 am
Forum: Stunt Driving
Topic: 167km/h, and perform race in an 80 zone.
Replies: 4
Views: 2942

Re: 167km/h, and perform race in an 80 zone.

Theres no way members of this forum can judge the strength of the case without seeing the evidence against you. Hopefully you did some research and hired a competent paralegal who carefully reviewed the evidence against you to assess the strength of the Crowns case. If you have confidence in your paralegal, then its probably best to follow his ...
by Stanton
Thu Feb 11, 2016 7:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar
Replies: 2
Views: 2247

Re: Radar

There are different modes of operation for most radar devices. Typically, they return the strongest reading. So if you had a small motorcycle overtaking a large truck, the radar would likely show the speed of the truck, even though it's slower. Some radars also have a "fast" mode, where they can be set to show the highest speed. So in the above ...
by Stanton
Thu Feb 11, 2016 10:17 am
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7748

Re: No validated permit HTA (7) (1) (a)

I would guess NCVP is simply short form for the offence, "no currently validated permit". I would still argue there's no reasonable prospect of conviction without further details in the officer's notes. The notes should be covering off at least why the permit wasn't sufficient or when it expired, etc. And a true copy means the front and back of the ...
by Stanton
Mon Feb 08, 2016 3:51 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officers statement at the location
Replies: 4
Views: 2740

Re: Officers statement at the location

I don't see it being an issue unless there actually was a camera in the car and the officer didn't record the offence without some reasonable explanation as to why. If the officer failed to obtain/provide evidence, you might have something to argue.

If the officer simply stated there was a camera when there wasn't, I don't see it causing ...
by Stanton
Mon Feb 08, 2016 3:34 pm
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7748

Re: No validated permit HTA (7) (1) (a)

The case law is R. v. Isik, 2014 ONCJ. It states you no longer need a sticker on the back of your ownership.
http://www.canlii.org/en/on/oncj/doc/2014/2014oncj161/2014oncj161.html

Regardless, I don't think there's any reasonable prospect of conviction if the officer has no notes regarding what he did or didn't see.

Edit: Was the disclosure ...
by Stanton
Fri Jan 29, 2016 2:59 pm
Forum: Red Light Camera Ticket
Topic: Redlightcamera: light was only red for 000.5 seconds
Replies: 18
Views: 21233

Re: Redlightcamera: light was only red for 000.5 seconds

I understood that Ontario's red light law is "permissive", meaning if you are already in the intersection when it turns red, you're OK (as opposed to someone's comment above saying you're already guilty if you run an amber). Which is correct? (A quick google didn't get me there. I know some jurisdictions get you if it changes while you're in the ...
by Stanton
Mon Jan 18, 2016 12:40 pm
Forum: Stunt Driving
Topic: Tailgate Entrapment! help
Replies: 6
Views: 3619

Re: Tailgate Entrapment! help

So just to confirm the officer who stopped you wasnt using radar to obtain your speed? If your speed was determined by the off duty officer, theyll be required to testify at your trial and you also should have received some type of disclosure from them (i.e. notes or a statement). The off duty officer would also have to convince the Courts that ...
by Stanton
Sat Jan 16, 2016 5:10 pm
Forum: General Talk
Topic: URGENT: London, ON voting on RED LIGHT CAMERAS
Replies: 22
Views: 8141

Re: URGENT: London, ON voting on RED LIGHT CAMERAS

I'm not sure why the implementation of red light cameras would necessarily preclude a change in timing of the amber lights as well. I think red light cameras can help increase motorist safety but obviously shouldn't be the only consideration. I'm not aware of any Municipalities in Ontario that have changed the timing of the lights post traffic ...
by Stanton
Sat Jan 16, 2016 4:54 pm
Forum: General Talk
Topic: HELP!!! I am FREAKING OUT!
Replies: 9
Views: 3156

Re: HELP!!! I am FREAKING OUT!

At the very least youll want to request disclosure and review the case against you. Driving while under suspension is NOT an absolute liability offence so you may have a legal argument regarding being unaware of the Provincial suspension. If youre especially concerned about the possible probation violation, it may be worth hiring a paralegal, etc ...
by Stanton
Sun Jan 10, 2016 3:35 pm
Forum: Summon
Topic: received summons but no ticket?
Replies: 6
Views: 3819

Re: received summons but no ticket?

You're going to have to request disclosure and go from there. The only other option would be to find out who the investigating officer is and contact them directly. If you truly had nothing to do with the offences you may want to go that route. It's possible someone impersonated you if they were riding a bike registered to you.
by Stanton
Fri Jan 08, 2016 12:18 am
Forum: Failing to lower headlamp beams
Topic: 2 tickets, 2 different courthouses. Cop says Quota System.
Replies: 23
Views: 10848

Re: 2 tickets, 2 different courthouses. Cop says Quota Syste

That's actually the ICON numbers in the top left representing the courthouse. First one's Mississauga and the second one is Brampton. Ticket numbers would be in the top right which is blacked out.
by Stanton
Thu Jan 07, 2016 9:33 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9886

Re: No Insurance, no permit

You failed to mention your third charge. It now makes sense why your plates were seized.
14. (1) Where a police officer or an officer appointed under this Act has reason to believe that,
(a) a number plate attached to a motor vehicle or trailer,
(i) has not been authorized under this Act for use on that vehicle,
(ii) was obtained by false ...
by Stanton
Thu Jan 07, 2016 7:30 pm
Forum: Failing to lower headlamp beams
Topic: 2 tickets, 2 different courthouses. Cop says Quota System.
Replies: 23
Views: 10848

Re: 2 tickets, 2 different courthouses. Cop says Quota Syste

If what you're saying is true, I would strongly suggest filing a complaint either through the police service or the OIPRD.

Theres not really any advice this forum can provide you if the charges are truly fabricated.
by Stanton
Thu Jan 07, 2016 9:55 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: taking the stand as a expert witness
Replies: 4
Views: 2513

Re: taking the stand as a expert witness

Can I compel a witness to appear in court?

Example:
I want the Crown to disclose the certain mechanical aspects of the police car. They will likely refuse. Can I summon the mechanics that work on the police cars?

Example:
I want the testimony of an accident reconstruction specialist but I don't want to pay for one. Can I summon the detachment's ...
by Stanton
Tue Jan 05, 2016 9:20 pm
Forum: Courts and Procedure
Topic: Summons for an "owner" violation with set fine
Replies: 8
Views: 3664

Re: Summons for an "owner" violation with set fine

I just read through the relevant section of the POA. It does simply prohibit the use of a Part I summons, not all summons in general. Technically the Crown could seek a higher fine if youre convicted at trial, but there would need to be some sort of justification for the request. For an offence where the driver cant even be identified, I see zero ...
by Stanton
Tue Jan 05, 2016 11:33 am
Forum: Courts and Procedure
Topic: Summons for an "owner" violation with set fine
Replies: 8
Views: 3664

Re: Summons for an "owner" violation with set fine

What type of summons did you receive? I believe the section simply prohibits a type 1 summons (essentially a regular traffic ticket) from being issued, but not other types.
by Stanton
Wed Dec 30, 2015 9:18 pm
Forum: General Talk
Topic: Change lane not in safety - Bus Driver
Replies: 2
Views: 2347

Re: Change lane not in safety - Bus Driver

It looks like you're using the TicketCombat form which has a lot of non-relevant items. I'd suggest you simply request the following:

1) A copy of the onboard video
2) A copy of the officer's notes (if they're not legible you can make a second request for typed notes)
3) A copy of any witness statements (i.e. written statements provided by other ...
by Stanton
Sun Dec 27, 2015 11:08 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Laws regarding traffic signs
Replies: 4
Views: 3061

Re: Laws regarding traffic signs

They probably got your speed well before you passed them so you're going to want to request disclosure and see where and how exactly they measured your speed.