Search found 2111 matches

by Stanton
Wed Jul 04, 2012 9:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 135km/h in a 90km/h zone on hwy 17
Replies: 15
Views: 7147

Re: 135km/h in a 90km/h zone on hwy 17

Possibly. Might be worth requesting disclosure to see what the officer's notes say. He would have to be able to articulate that the reading he obtained was your vehicle.
by Stanton
Tue Jul 03, 2012 4:10 pm
Forum: General Talk
Topic: Weird questions at traffic stop
Replies: 3
Views: 1597

Re: Weird questions at traffic stop

Hard to know why the officer was asking those particular questions. Could be to confirm ID, test sobriety or just part of some other investigation (i.e. complaint involving vehicle similar to yours). People who are lying usually have a hard time answering more then two or three questions in a row truthfully and keeping their answers straight.

At ...
by Stanton
Mon Jul 02, 2012 10:39 pm
Forum: General Talk
Topic: Volunteer fire fighter responding to emergeny question
Replies: 3
Views: 4714

Re: Volunteer fire fighter responding to emergeny question

I don't think that would be a valid defence in Court. The law is quite clear in that you're required to pull over. I think especially given that it was still 3 KM to the scene makes it especially hard to justify. The paramedics are allowed to speed and can make up for any time it might take you to pull over and stop. I can certainly see their ...
by Stanton
Mon Jul 02, 2012 10:35 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2344

Re: Grounds for appeal ?

Just in regards to the officer in uniform, it is the norm for police to have their firearms with them in the Courtroom and be in uniform for that matter.

As for the Bible, if there is a next time (and hopefully not as a defendant) simply say you want to affirm.
by Stanton
Mon Jul 02, 2012 10:32 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 135km/h in a 90km/h zone on hwy 17
Replies: 15
Views: 7147

Re: 135km/h in a 90km/h zone on hwy 17

2) I think your request is complete but your asking for things that don't exist. There won't be any witness statements nor any defendant statements unless you wrote something out for the officer. You probably also won't get typed notes unless the written ones are actually illegible.
3) Possible, but two things. First, radar is typically directional ...
by Stanton
Mon Jul 02, 2012 3:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2344

Re: Grounds for appeal ?

I'm somewhat familiar with the case law you cite but I'm not sure it fits your situation. My understanding is that the JP has a duty to aid in the proper conduct of your defence and outline the steps of a trial (R v Tran outlines this) and explain your options at each step. The ruling also states however that the JP cannot go so far as to act as ...
by Stanton
Mon Jul 02, 2012 2:13 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2344

Re: Grounds for appeal ?

Based on what you've said, I personally don't think you have grounds for appeal. The JP's role isn't to assist you in presenting your defence or to advise you how best to proceed. It may have been more favourable in your opinion to introduce your photos in cross versus taking the stand, but I don't see that being grounds for appeal in itself.

You ...
by Stanton
Sun Jul 01, 2012 3:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 12946

Re: 90 in 70 zone reduced to 80-fight or not

I know what you're saying, but the limit would be whatever is posted on the highway, even if there is no sign present where you turned on. I can think of a few highways near where I live which have limits lower then 80, yet the speed isn't posted at the intersections where motorists enter the highway.
by Stanton
Sun Jul 01, 2012 11:07 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 12946

Re: 90 in 70 zone reduced to 80-fight or not

I think you misunderstood the section you've quoted. It's referring to the fact that when there is a change in the speed limit (i.e. a 80 drops down to a 50 zone), the speed limit sign should have the word "BEGINS" affixed below it. The requirement for where and how often speed limit signs need to be posted is directly above that section (600 or ...
by Stanton
Sat Jun 30, 2012 11:19 am
Forum: Failing to report a collision to a police officer
Topic: Strength of witness statements?
Replies: 5
Views: 4292

Re: Strength of witness statements?

The strength of the witness statements certainly could be enough to convict in Court. It will really depend on the Justice of the Peace and if he/she finds their evidence to be credible and accurate.
by Stanton
Thu Jun 28, 2012 5:53 pm
Forum: General Talk
Topic: what are the consequences for this?
Replies: 2
Views: 1214

Re: what are the consequences for this?

1) $100-$1,000 fine and/or 30 days in jail and possible 6 month suspension
2) $100-$1,000 fine and/or 30 days in jail and possible 6 month suspension
3) $110 fine

Lower end of the fine is more likely on a first offence, and jail time is very unlikely
by Stanton
Wed Jun 27, 2012 10:26 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light - proceed before green
Replies: 3
Views: 2844

Re: Red proceed before green

pissoffme wrote:He was lying...
You stated in your initial post that you started early. That would mean you committed the offence.
by Stanton
Mon Jun 25, 2012 5:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 82KM/H on 50KM road... please help me... I need this
Replies: 7
Views: 3162

Re: 82KM/H on 50KM road... please help me... I need this

1) There's always a chance, but it's more likely they will then won't.
2) You can prior to trial.
3) The Crown may consent to an adjournment if you had a final exam or something exigent, but not for just a regular school day.
by Stanton
Sun Jun 24, 2012 1:17 pm
Forum: Careless Driving
Topic: section 170.1
Replies: 3
Views: 1983

Re: section 170.1

Again, 170 doesn't apply.
by Stanton
Sun Jun 24, 2012 1:15 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Not enough time given to me to request Disclosure?
Replies: 5
Views: 3792

Re: Not enough time given to me to request Disclosure?

1) It's really up to you to weigh the guarantee of a plea deal versus taking a chance and forcing a trial. Officer not showing is slim. Lack of disclosure is also a bit of a gamble. Even if they don't provide adequate disclosure for the speeding charge, they could simply withdraw it and still proceed with the driving under suspension charge. It's ...