Search found 2111 matches
- Wed Sep 26, 2012 11:02 am
- Forum: Driving While Suspended
- Topic: Driving while suspended [first time]
- Replies: 2
- Views: 2352
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.
- Wed Sep 26, 2012 10:57 am
- Forum: General Talk
- Topic: are cops subject to the HTA too?
- Replies: 27
- Views: 9947
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.
- Wed Sep 26, 2012 12:36 am
- Forum: General Talk
- Topic: are cops subject to the HTA too?
- Replies: 27
- Views: 9947
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 ...
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 ...
- Tue Sep 25, 2012 10:14 am
- Forum: General Talk
- Topic: are cops subject to the HTA too?
- Replies: 27
- Views: 9947
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 ...
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 ...
- Sun Sep 23, 2012 5:07 pm
- Forum: General Talk
- Topic: Cop knocking on your door
- Replies: 13
- Views: 4426
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 ...
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 ...
- Sun Sep 23, 2012 11:19 am
- Forum: General Talk
- Topic: are cops subject to the HTA too?
- Replies: 27
- Views: 9947
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 ...
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 ...
- Thu Sep 20, 2012 8:35 pm
- Forum: General Talk
- Topic: Who's on this forum, anyways...?
- Replies: 4
- Views: 2411
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 ...
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 ...
- Thu Sep 20, 2012 8:32 pm
- Forum: Racing
- Topic: 180 in a 100 zone - charged with racing a motor vehicle
- Replies: 10
- Views: 6803
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 ...
- Wed Sep 19, 2012 6:06 pm
- Forum: General Talk
- Topic: Cop knocking on your door
- Replies: 13
- Views: 4426
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 ...
Police ...
- Tue Sep 18, 2012 5:03 pm
- Forum: General Talk
- Topic: Cop knocking on your door
- Replies: 13
- Views: 4426
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 ...
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 ...
- Tue Sep 18, 2012 3:26 pm
- Forum: General Talk
- Topic: Cop knocking on your door
- Replies: 13
- Views: 4426
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 ...
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 ...
- Sun Sep 16, 2012 6:34 pm
- Forum: Courts and Procedure
- Topic: Roadside Suspension
- Replies: 27
- Views: 25600
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 ...
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 ...
- Sat Sep 15, 2012 1:46 am
- Forum: Courts and Procedure
- Topic: Roadside Suspension
- Replies: 27
- Views: 25600
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.
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.
- 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: 2118
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.
- 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: 6313
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 ...
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 ...
- Tue Sep 11, 2012 5:26 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: 2nd ticket in 3 months - Please help
- Replies: 6
- Views: 2118
Re: 2nd ticket in 3 months - Please help
Ajc is correct in that insurance companies look at total convictions, not total demerit points. Typically most would consider a speeding ticket with 3 points no different then a speeding ticket with zero points.
- Tue Sep 11, 2012 5:25 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 143Km/h on 401 East of Woodstock ON
- Replies: 1
- Views: 2282
Re: 143Km/h on 401 East of Woodstock ON
The fact that the laser operator didn't maintain constant sight of your vehicle would not be reason for the Crown to withdraw the charges. It might help raise reasonable doubt, but you'll have to review disclosure to see how strong the evidence is.
In regards to time, it should be the time of the offence. That being said, it doesn't have to be ...
In regards to time, it should be the time of the offence. That being said, it doesn't have to be ...
- Tue Sep 11, 2012 10:35 am
- Forum: Compulsory Automobile Insurance Act
- Topic: fake policy number - (false/invalid insurance card)
- Replies: 2
- Views: 2994
Re: fake policy number - (false/invalid insurance card)
First offence, minimum $10,000 to a max of $50,000. Second offence, minimum $20,000 max $100,000.
- Fri Sep 07, 2012 9:11 am
- Forum: General Talk
- Topic: Prosecution refused disclosure for speeding charge.
- Replies: 55
- Views: 16702
Re: Prosecution refused disclosure for speeding charge.
I can't think of any circumstances. Possibly it's a different model that I haven't seen or a totally different brand altogether.
- Thu Sep 06, 2012 11:48 pm
- Forum: General Talk
- Topic: Prosecution refused disclosure for speeding charge.
- Replies: 55
- Views: 16702
Re: Prosecution refused disclosure for speeding charge.
Nothing, it will be blank.Pepsi wrote:Thanks Stanton, yes it is the handheld. What does the left side show when the trigger is released?
- Thu Sep 06, 2012 9:41 pm
- Forum: General Talk
- Topic: Prosecution refused disclosure for speeding charge.
- Replies: 55
- Views: 16702
Re: Prosecution refused disclosure for speeding charge.
If it's the Genesis handheld your asking about, once you lock the speed it remains on the display (right side) until you lock a new speed or turn off the device. The left side of the display always shows the current "live" reading as long as the trigger is depressed.
- Thu Sep 06, 2012 4:19 pm
- Forum: Compulsory Automobile Insurance Act
- Topic: Need your help. Got 3 tickets one of which has a hefty fine
- Replies: 5
- Views: 2819
Re: Need your help. Got 3 tickets one of which has a hefty f
Good chance it will impact your insurance. While both tickets would be considered minor offences, typically more then one minor offence on your record and your rates go up. Contact your insurance provider to confirm.
- Wed Sep 05, 2012 10:19 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 38km/h over on 401 but $228 set fine?
- Replies: 5
- Views: 4143
Re: 38km/h over on 401 but $228 set fine?
Oops, my mistake. I didn't read the OP's post carefully.
Regardless, the fine is still correct. Speeding, for whatever reason, is the one section where the set fines are lower than HTA fines.. For the OP's speed range, the HTA says $7 per kilometre over, but the set fine is $6 per kilometre over.
Here's the Ontario Court of Justice set fines ...
Regardless, the fine is still correct. Speeding, for whatever reason, is the one section where the set fines are lower than HTA fines.. For the OP's speed range, the HTA says $7 per kilometre over, but the set fine is $6 per kilometre over.
Here's the Ontario Court of Justice set fines ...
- Wed Sep 05, 2012 5:40 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: What is proper disclosure ?
- Replies: 3
- Views: 2239
Re: What is proper disclosure ?
No, I don't believe a lack of detail in notes would be considered inadequate disclosure. Inadequate disclosure is when you're not provided with something that's required and exists (i.e. refusal to simply give you any notes).
- Wed Sep 05, 2012 5:31 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Calculating the Fine
- Replies: 1
- Views: 2251
Re: Calculating the Fine
You're correct. Both the victim surcharge and Court costs are added.
Victim surcharges are calculated based on your initial fine. The higher the fine, the higher the victim surcharge.
Here's the table: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_000161_e.htm
As for Court costs, it's an additional $5 on everyday tickets.
Here's the ...
Victim surcharges are calculated based on your initial fine. The higher the fine, the higher the victim surcharge.
Here's the table: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_000161_e.htm
As for Court costs, it's an additional $5 on everyday tickets.
Here's the ...
- Wed Sep 05, 2012 5:25 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 38km/h over on 401 but $228 set fine?
- Replies: 5
- Views: 4143
Re: 38km/h over on 401 but $228 set fine?
Your fine sounds correct.
As you said, when you're going 35-49 over, the fine is $6 per kilometre over the limit. So at 38 over, your set fine is $228.
The Government then adds on a victim surcharge fee to fund victims of crime. The fee varies depending on what your set fine is. In your case, for a fine of between $201-$250, the fee is $50. Court ...
As you said, when you're going 35-49 over, the fine is $6 per kilometre over the limit. So at 38 over, your set fine is $228.
The Government then adds on a victim surcharge fee to fund victims of crime. The fee varies depending on what your set fine is. In your case, for a fine of between $201-$250, the fee is $50. Court ...
- Wed Sep 05, 2012 5:11 pm
- Forum: Improper right turn
- Topic: Improper right turn 141(3)
- Replies: 3
- Views: 3221
Re: Improper right turn 141(3)
No, you still need to legally turn into the lane closest to you, then switch lanes.
I'm curious as to what you mean by private cop car. Was it an actual police officer that charged you or a private security officer?
I'm curious as to what you mean by private cop car. Was it an actual police officer that charged you or a private security officer?
- Tue Sep 04, 2012 5:30 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Why 2 Schedules of Fines in Ontario
- Replies: 2
- Views: 2495
Re: Why 2 Schedules of Fines in Ontario
I'm not sure the reasoning behind the two different fines, but it's not an error. Speeding tickets issued at the roadside always have the lower fine amount. If you're convicted in Court they can ask for the higher fine.
- Mon Sep 03, 2012 5:31 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Cross Hashed Lines Separating HOV Lanes
- Replies: 1
- Views: 4035
Re: Cross Hashed Lines Separating HOV Lanes
To the best of my knowledge, yes and yes (though I don't have personal experience with HOV lanes).
Section 154.1 (3) of the HTA seems to be a catchall category covering all HOV offences. I believe it's what you'd be charged under if you crossed the striped line. It carries the usual $110 fine and 3 demerit points.
The actual HOV rules themselves ...
Section 154.1 (3) of the HTA seems to be a catchall category covering all HOV offences. I believe it's what you'd be charged under if you crossed the striped line. It carries the usual $110 fine and 3 demerit points.
The actual HOV rules themselves ...
- Mon Sep 03, 2012 4:38 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Precedents - Highway 159(3), Fail To Move Into Another Lane
- Replies: 2
- Views: 6642
Re: Precedents - Highway 159(3), Fail To Move Into Another L
Here's a few published decisions on CanLII for section 159.
http://www.canlii.org/en/on/oncj/doc/20 ... cj188.html
http://www.canlii.org/en/on/oncj/doc/20 ... cj250.html
The Justice of the Peace in the second decision notes that there is little in the way of case law regarding this charge.
http://www.canlii.org/en/on/oncj/doc/20 ... cj188.html
http://www.canlii.org/en/on/oncj/doc/20 ... cj250.html
The Justice of the Peace in the second decision notes that there is little in the way of case law regarding this charge.