Search found 2111 matches

by Stanton
Mon Jul 23, 2012 12:21 pm
Forum: Red Light Camera Ticket
Topic: red light ticket NO camera
Replies: 15
Views: 7994

Re: red light ticket NO camera

Again, your scan is a copy of the ticket that the officer uses for his NOTES. The officer can add whatever information he wants after the stop. Clearly there is additional information added directly to the note copy that won't be on the original ticket, since the information was made for the officer's recollection. It's not an actual amendment to ...
by Stanton
Mon Jul 23, 2012 9:49 am
Forum: General Talk
Topic: BF got DUI with a G2 License- Help!
Replies: 7
Views: 8425

Re: BF got DUI with a G2 License- Help!

did the Officer follow the 'Rules of Evidence' and have the residue in the can tested to ensure it was actually alcohol?

In regards to testing the can for alcohol, I'd say that usually isn't required for Provincial Offences Court. While it will be dependent on the totality of the circumstances, the officer only needs to show beyond a reasonable ...
by Stanton
Mon Jul 23, 2012 9:42 am
Forum: Unnecessary slow driving
Topic: Has Anyone Been Charged With This?
Replies: 4
Views: 8324

Re: Has Anyone Been Charged With This?

The charge of unnecessary slow driving would typically be served on a regular ticket, with a $85/$110 fine and 2 demerit points.

I wouldn't say it's a common charge, but certainly people have been charged with it.
by Stanton
Sun Jul 22, 2012 10:41 pm
Forum: Motor vehicle equipped with or carrying a speed measuring warning device
Topic: Radar detector offense
Replies: 7
Views: 5762

Re: Radar detector offense

I think without the device actually being found, it would be very hard for you to be convicted. I'd request disclosure and see what the actual evidence against you is.
by Stanton
Sun Jul 22, 2012 12:51 pm
Forum: General Talk
Topic: Could I fight a speeding ticket as a strict liability?
Replies: 8
Views: 3742

Re: Could I fight a speeding ticket as a strict liability?

To be clear, speeding less than 50 km/hr over the limit is absolute liability. Speeding more than 50 km/hr over the limit is strict liability. This area is ripe for a constitutional challenge. If you have $10,000 or $20,000 you could do it :)

Is speeding 50+ strict liability? Or simply the related stunt driving charge? I was under the impression ...
by Stanton
Sat Jul 21, 2012 9:36 pm
Forum: Red Light Camera Ticket
Topic: red light ticket NO camera
Replies: 15
Views: 7994

Re: red light ticket NO camera

You're not stuck with a plea option, it's really up to you if you want to go to trial or not. In terms of the officer's evidence, they don't write down every detail verbatim. You won't know exactly what their evidence is until you hear it at trial. If your certain it was green and you and your friends can confidently testify to that, maybe you ...
by Stanton
Sat Jul 21, 2012 9:27 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: unclear about option 3 and what to do
Replies: 1
Views: 2476

Re: unclear about option 3 and what to do

Different jurisdictions have different options on the back. What you want to request is an early resolution meeting with the Crown. Typically they will offer you a plea deal (reduced speed in exchange for a guilty plea). Unless options 2 states early resolution meeting (which yours doesn't), you will want to select Option 3. This doesn't mean you ...
by Stanton
Sat Jul 21, 2012 1:15 pm
Forum: Red Light Camera Ticket
Topic: red light ticket NO camera
Replies: 15
Views: 7994

Re: red light ticket NO camera

Can I simply argue that he observed me first and then the light according to the order of the disclosure.

And how it mentions the rain and poor visibility, whereas I, and my 2 witnesses in the car felt no impairment in visibility as he might have since it is mentioned.

If he only observed the traffic light after your car entered the ...
by Stanton
Fri Jul 20, 2012 10:50 pm
Forum: Red Light Camera Ticket
Topic: red light ticket NO camera
Replies: 15
Views: 7994

Re: red light ticket NO camera

Your questions aren't simple yes/no answers. Multiple witnesses could certainly raise reasonable doubt, but it's very dependent on their evidence and how they manage during cross examination. If the Justice of the Peace does find you and your witnesses reasonable and credible, then hopefully reasonable doubt would be raised and you'd be found not ...
by Stanton
Thu Jul 19, 2012 12:37 am
Forum: Failing to yield the right-of-way
Topic: Failing to Yield Charge - need advice please
Replies: 1
Views: 3023

Re: Failing to Yield Charge - need advice please

The onus is on you to yield to through traffic, not the other way around. I understand what you're saying, but you don't gain possession of the road simply because you got there first. You may be able to argue due diligence (i.e. took all reasonable steps to check for traffic and merge safely) but I think it would be difficult.

In terms of ...
by Stanton
Wed Jul 18, 2012 12:55 am
Forum: Careless Driving
Topic: Charged with Careless
Replies: 7
Views: 3169

Re: Charged with Careless

I'd just point out that it's legal to pass on the right a vehicle turning to the left (or signalling to do so). I think a charge of turn not in safety would have been more appropriate, and likely what you'll be offered by the Crown.
by Stanton
Sat Jul 14, 2012 11:31 am
Forum: General Talk
Topic: Drive motor vehicle, no permit
Replies: 2
Views: 4518

Re: Drive motor vehicle, no permit

There are often various charges that can be covered under a single section of the HTA. Court notices are often automatically generated and they simply go by the section, not the specific charge wording of your offence. The wording on the notices therefor can be different then the actual ticket itself.

In your case, driving without a valid permit ...
by Stanton
Thu Jul 12, 2012 8:22 pm
Forum: Parking Tickets
Topic: Issuing Parking Tickets in Private Lot
Replies: 3
Views: 5411

Re: Issuing Parking Tickets in Private Lot

Towing at owner's expense often requires working out a deal with the tow company. Otherwise they may insist on the property owner paying the towing fee up front with hopeful repayment once vehicle owner claims it.
by Stanton
Thu Jul 12, 2012 8:17 pm
Forum: General Talk
Topic: impeding the flow of traffic on a highway, what is section?
Replies: 1
Views: 8130

Re: impeding the flow of traffic on a highway, what is secti

Here's the sections you're looking for...

However my difficulty is finding the section that governs obstructing the highway, or more accurately obstructing the flow of traffic.

Unnecessary slow driving prohibited
132. (1) No motor vehicle shall be driven on a highway at such a slow rate of speed as to impede or block the normal and reasonable ...
by Stanton
Thu Jul 12, 2012 8:06 pm
Forum: Driving the wrong way on a divided road
Topic: 156 (1) (a) Drive wrong way - divided highway
Replies: 6
Views: 7079

Re: 156 (1) (a) Drive wrong way - divided highway

Certainly sounds like the incorrect charge. The officer could lay the new charge, but it's unlikely. They have six months from the date of the offence to do so.