Search found 2111 matches
- 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 ...
- 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 ...
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 ...
- 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.
I wouldn't say it's a common charge, but certainly people have been charged with it.
- 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.
- 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 ...
Is speeding 50+ strict liability? Or simply the related stunt driving charge? I was under the impression ...
- 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 ...
- 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 ...
- 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 ...
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 ...
- 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 ...
- 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 ...
In terms of ...
- 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.
- 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 ...
In your case, driving without a valid permit ...
- 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.
- 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 ...
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 ...
- 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.