Search found 2111 matches

by Stanton
Wed Sep 26, 2012 11:02 am
Forum: Driving While Suspended
Topic: Driving while suspended [first time]
Replies: 2
Views: 2237

Re: Driving while suspended [first time]

You should be able to meet with the prosecutor on your first appearance date. There will be no actual trial, its simply a date to tell the Court how you wish to proceed with your charges.
by Stanton
Wed Sep 26, 2012 10:57 am
Forum: General Talk
Topic: are cops subject to the HTA too?
Replies: 27
Views: 9332

Re: are cops subject to the HTA too?

That refers to what can happen if youre convicted at trial. You can still be arrested at the time of the offence and either released with a Court date, or in extreme circumstances held for a bail hearing. Section 217 lists most of the arrestable offences under the HTA.
by Stanton
Wed Sep 26, 2012 12:36 am
Forum: General Talk
Topic: are cops subject to the HTA too?
Replies: 27
Views: 9332

Re: are cops subject to the HTA too?

Im just confused. so what is subsections 106 (2), (3) and (4)? i thought that didnt include subsection 8?
It doesnt, but subsection 4 is the one that requires drivers to ensure all persons under 16 years of age are properly belted. Subsection 8 simply deals with the fact that whats considered a proper restraint will vary with age, weight, height ...
by Stanton
Tue Sep 25, 2012 10:14 am
Forum: General Talk
Topic: are cops subject to the HTA too?
Replies: 27
Views: 9332

Re: are cops subject to the HTA too?

Im not sure wether or not we can consider a police cruiser as a vehicle for hire though.

They're not. It's section 2 and 3 of the regulation.

2. A police officer or peace officer who in the lawful performance of his or her duty is transporting a person in his or her custody is exempt from subsections 106 (2), (3) and (4) of the Act.
3. A person ...
by Stanton
Sun Sep 23, 2012 5:07 pm
Forum: General Talk
Topic: Cop knocking on your door
Replies: 13
Views: 4258

Re: Cop knocking on your door

Just to clarify further, the example your citing is a Criminal matter, not Highway Traffic Act.

Quite likely a 9-1-1 call would not be sufficient to arrest someone for impaired driving, but it does give police reason to investigate the matter. Once they spoke with the driver and formed grounds to believe he was impaired, they made a demand which ...
by Stanton
Sun Sep 23, 2012 11:19 am
Forum: General Talk
Topic: are cops subject to the HTA too?
Replies: 27
Views: 9332

Re: are cops subject to the HTA too?

Police are subject to the Highway Traffic Act, but there are many exemptions for them.

In regards to seat belts, they are covered under both the Highway Traffic Act and the Regulation 613. It can be found here: http://www.canlii.org/en/on/laws/regu/rro-1990-reg-613/latest/rro-1990-reg-613.html

The regulation exempts police or their passengers ...
by Stanton
Thu Sep 20, 2012 8:35 pm
Forum: General Talk
Topic: Who's on this forum, anyways...?
Replies: 4
Views: 2279

Re: Who's on this forum, anyways...?

There are a few police and at least one lawyer in training. Used to be a few paralegals as well but not sure how frequently they post here now. Also lots of people who are just very familiar with the system. ;)

I wouldn't take any one poster's word as gospel. Read a few posts, get a feel for the posters level of knowledge and how consistent their ...
by Stanton
Thu Sep 20, 2012 8:32 pm
Forum: Racing
Topic: 180 in a 100 zone - charged with racing a motor vehicle
Replies: 10
Views: 6641

Re: 180 in a 100 zone - charged with racing a motor vehicle

You could have a first attendance meeting with the Crown and see what (if any) deal they're willing to offer. You could also (typically free of charge) have a consultation with a paralegal and see if they think they can do any better for you. One important point to consider is what kind of impact the conviction will have on insurance. Sometimes ...
by Stanton
Wed Sep 19, 2012 6:06 pm
Forum: General Talk
Topic: Cop knocking on your door
Replies: 13
Views: 4258

Re: Cop knocking on your door

A summons is simply a document that compels you to attend Court. It has no set fine, so unlike a regular ticket you cant simply plead guilty and pay your fine by mail, you must attend Court. Summonses provide police with a longer period of time to serve an accused and also provide the option to seek higher fines on more serious offences.

Police ...
by Stanton
Tue Sep 18, 2012 5:03 pm
Forum: General Talk
Topic: Cop knocking on your door
Replies: 13
Views: 4258

Re: Cop knocking on your door

What if they want to give the owner of a vehicle who resides in the address a ticket for a traffic offense that occurred days ago?
For example, cops didn't witness the offence, a witness called the cops and informed license plate.

Can you still politely refuse to decline their questions?

Yes, you can still refuse to answer questions but I ...
by Stanton
Tue Sep 18, 2012 3:26 pm
Forum: General Talk
Topic: Cop knocking on your door
Replies: 13
Views: 4258

Re: Cop knocking on your door

Can you politely refuse to speak with them and decline to answer any of their questions?

Yes. While there are certain acts/laws that may require you to identify yourself (i.e. trespassing, driving a motor vehicle), you're not required to answer any questions.

What about simply not answering the door?

Yes.

Both answers are made with the ...
by Stanton
Sun Sep 16, 2012 6:34 pm
Forum: Courts and Procedure
Topic: Roadside Suspension
Replies: 27
Views: 24960

Re: Roadside Suspension

How many drinks would someone need to have to get a warn then? Say per hour or couple hours time?
Its tough to say because weight, gender and other biological factors will impact how quickly your BAC level changes. I would say most adult males can consume approximately 1 drink per hour without exceeding the warn range, but some smaller females ...
by Stanton
Sat Sep 15, 2012 1:46 am
Forum: Courts and Procedure
Topic: Roadside Suspension
Replies: 27
Views: 24960

Re: Roadside Suspension

No, it should not cause any issues for border crossings.

I believe custom agents are mainly interested in Criminal offences, not traffic. Regardless, a 3 day suspension is not an actual conviction, but simply an administrative suspension.
by Stanton
Fri Sep 14, 2012 5:14 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 2nd ticket in 3 months - Please help
Replies: 6
Views: 2018

Re: 2nd ticket in 3 months - Please help

I don't think anyone here would ever advise you to lie in Court. If caught, you could face Criminal charges and lose all credibility in any future Court proceedings. Do a search and read some other threads relating to delaying convictions. There are lawful strategies that involve using the system to your advantage.
by Stanton
Wed Sep 12, 2012 10:19 am
Forum: Failing to stop for a school bus
Topic: Failing to stop for a school bus
Replies: 7
Views: 6130

Re: Failing to stop for a school bus

That is not a raised median per the HTA. A raised median is one of those barriers like on the 400 Series highways, they are a few feet high and have to stop cars and students from crossing.

I am on a new computer and cant find the Oreg section.

OPS

Any luck remembering what Oreg section it falls under? When I look at the OP's photo, the ...