Search found 358 matches

by Zatota
Mon Mar 18, 2019 4:30 pm
Forum: Hand-held devices
Topic: Hand-held device ticket - Requested Disclosure for 8 months but haven't received. Court this week
Replies: 2
Views: 4107

Re: Hand-held device ticket - Requested Disclosure for 8 months but haven't received. Court this week

Go to court with several copies of your e-mails, logs of your phone calls, etc. When you arrive, the Prosecutor will ask you what you want to do. Tell him or her that you requested disclosure eight months ago and have followed up diligently. The Prosecutor may have copies of your e-mails to verify; if not, give him or her one of the copies.

If the ...
by Zatota
Sun Mar 03, 2019 12:29 pm
Forum: Hand-held devices
Topic: Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer.
Replies: 1
Views: 3223

Re: Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer

You have the right to tell your story and to cross-examine both officers. Handheld tickets are difficult to beat, but if Officer 1 can't describe your cellphone and you can get him to acknowledge that you may have been trying to close a Tic Tac box, you could have a chance.
by Zatota
Sun Feb 17, 2019 11:49 am
Forum: Stunt Driving
Topic: 61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.
Replies: 3
Views: 4249

Re: 61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.

Perhaps you could post the disclosure here (just make sure you black out any personal information). One or more people could advise you as to whether you may be able to do better.
by Zatota
Wed Feb 13, 2019 12:50 pm
Forum: General Talk
Topic: effects of sleep disorder on DL and INS, went to a sleep clinic
Replies: 4
Views: 2687

Re: effects of sleep disorder on DL and INS, went to a sleep clinic

Pardon the pun, but Mrs. Bobajob should rest easily. If she's managing her apnea with a CPAP machine (preferably) or other form of treatment/therapy as advised by her doctor, she is still eligible for a licence. She would have to have severe apnea to be denied a licence.

I have sleep apnea and use a CPAP machine. It used to be a lot worse (even ...
by Zatota
Sat Feb 09, 2019 7:59 am
Forum: Hand-held devices
Topic: Any advice on hand held device while in gridlock traffic?
Replies: 9
Views: 7076

Re: Any advice on hand held device while in gridlock traffic?

You can still receive the set fine of $615 if you go through the disclosure process and decide to plead guilty in court or at any time before that. It's only if you plead not guilty, have a trial and are subsequently convicted that the set fine is no longer available.
by Zatota
Mon Feb 04, 2019 12:17 am
Forum: Failing to obey signs
Topic: Disobey sign - Highway traffic act Sect 182 (2)
Replies: 1
Views: 6794

Re: Disobey sign - Highway traffic act Sect 182 (2)

No. The sign was correct at the time of the alleged offence. The fact that the by-law was changed subsequently does not affect the validity of the charge.

You may have difficulty having the HTA charge changed to TMC, as municipal by-laws are relied upon to set the prohibited days/hours that are referenced in s. 182 of the HTA.
by Zatota
Wed Jan 23, 2019 10:06 pm
Forum: General Talk
Topic: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
Replies: 4
Views: 3961

Re: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?


Radar( Laser) only needs to be tested before shift and at end of shift not after each stop.
The text of the decision says before and after enforcement. That's typically interpreted to mean the beginning and end of the officer's shift. I've also seen cases where an officer who has worked a long shift has testified as to having tested the unit ...
by Zatota
Sun Jan 20, 2019 12:46 pm
Forum: General Talk
Topic: Bogus stunt charge!! 100 in a 50. Officer lied and I can prove it!
Replies: 1
Views: 2764

Re: Bogus stunt charge!! 100 in a 50. Officer lied and I can prove it!

First, let's recognize that police officers are human and make mistakes. It may be better to proceed with the attitude and mindset that the officer may have been mistaken. If you go into the process "hot" and accusing the officer of lying, no prosecutor is going to want to give you the time of day.

There's nothing wrong with requesting early ...
by Zatota
Sun Jan 20, 2019 12:37 pm
Forum: General Talk
Topic: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
Replies: 4
Views: 3961

Re: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?

The relevant case for this question is R. v. Schlesinger. That case confirmed that an officer must test the radar both before and after and enforcement stop and that an officer must have a notation of the time he or she tested the radar.

You can read the text of the decision here: https://www.canlii.org/en/on/oncj/doc/2007/2007oncj266/2007oncj266 ...
by Zatota
Sun Jan 20, 2019 12:32 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Stunt Driving ticket without a clean record exceeded 50km/hr
Replies: 1
Views: 3799

Re: Stunt Driving ticket without a clean record exceeded 50km/hr

Both offences are considered major offences for insurance purposes. Either can cause your insurance premiums to double. If you're convicted of both, you'll find it extremely difficult to find insurance (if you're very lucky, a company in what's called the facility market or sector; these companies insure the riskiest drivers, but charge SKY-HIGH ...
by Zatota
Wed Jan 09, 2019 9:59 am
Forum: Parking Tickets
Topic: An obscure parking signal in Great Toronto Area
Replies: 6
Views: 3849

Re: An obscure parking signal in Great Toronto Area

I'm sure the intention of the sign is as Bend has suggested, but I can see how it could easily be confusing. It would probably be better if the text were:
8:30 AM - 4:30 PM
MON - FRI
SEPT - JUNE
by Zatota
Wed Dec 19, 2018 4:01 pm
Forum: General Talk
Topic: Improper use of high occupancy lane (on hwy 7) & fail to surrender licence
Replies: 4
Views: 2999

Re: Improper use of high occupancy lane (on hwy 7) & fail to surrender licence

I also think the Highway 7 HOV lane would fall under either a York Region or City of Markham by-law.
by Zatota
Mon Dec 17, 2018 10:04 am
Forum: General Talk
Topic: Use of intermittent red light
Replies: 6
Views: 3140

Re: Use of intermittent red light

I believe volunteer response services are permitted to use intermittent green lights. I can look up the reference if needed.
by Zatota
Mon Dec 17, 2018 10:00 am
Forum: Hand-held devices
Topic: Hand held at red light not holding phone holding a route copy
Replies: 5
Views: 3225

Re: Hand held at red light not holding phone holding a route copy

If you were holding or looking down at the paper, the officer could still ticket you for distracted driving. That may be an option. Perhaps someone who's more familiar with the ramifications of Distracted could chime in as to whether it's a better option.
by Zatota
Mon Dec 17, 2018 9:53 am
Forum: General Talk
Topic: officer's notes / narrative include some very substantive errors
Replies: 3
Views: 2889

Re: officer's notes / narrative include some very substantive errors

Ask him to confirm the direction of travel. If the sun was rising or setting, you could ask him whether he was looking towards it or away from it. Ask what the most recent major cross street was and what the next one would be. Ask on which side a major landmark was.
by Zatota
Thu Dec 06, 2018 9:30 am
Forum: Parking Tickets
Topic: What's the waiting time for a trial nowadays?
Replies: 9
Views: 4580

Re: What's the waiting time for a trial nowadays?

That's surprising, since parking tickets are linked to the vehicle, not the driver. Then again, you're in Toronto, where almost anything is possible.
by Zatota
Tue Dec 04, 2018 10:01 pm
Forum: Parking Tickets
Topic: What's the waiting time for a trial nowadays?
Replies: 9
Views: 4580

Re: What's the waiting time for a trial nowadays?

Parking tickets or traffic tickets?
by Zatota
Fri Nov 30, 2018 8:06 am
Forum: Parking Tickets
Topic: What's the waiting time for a trial nowadays?
Replies: 9
Views: 4580

Re: What's the waiting time for a trial nowadays?

It won't be linked to your driver's licence; it will be linked to your car's licence plate.
by Zatota
Thu Nov 22, 2018 7:11 pm
Forum: Red Light Camera Ticket
Topic: Red light camera at 000.2 seconds, and crossed intersection at 000.9 seconds
Replies: 2
Views: 5495

Re: Red light camera at 000.2 seconds, and crossed intersection at 000.9 seconds

Red light camera tickets are almost impossible to beat. If you request a trial, you may find a sympathetic prosecutor who's willing to reduce the fine in return for a guilty plea.
by Zatota
Mon Nov 12, 2018 1:42 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Interfere with Traffic Highway Traffic Act 170
Replies: 1
Views: 8002

Re: Interfere with Traffic Highway Traffic Act 170

It sounds like he charged you under subsection (12), interfering with traffic. If you can show that you had pulled sufficiently off the road that you weren't interfering, you could have a case.

I have no idea why he'd have asked your daughter for her name and address. It was also interesting that he'd have questioned the staff at Tim's as to how ...
by Zatota
Mon Oct 29, 2018 9:22 am
Forum: Driving through, around or under a railway crossing barrier
Topic: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Replies: 10
Views: 6653

Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?

Wakili01 wrote: Thu Oct 25, 2018 1:13 pm Sorry...Correction: "I'm going to try and do my best".
Actually, the first version was correct. Sorry, that's the teacher and picky grammar person in me.
by Zatota
Tue Oct 23, 2018 7:57 am
Forum: Driver failing to ensure infant/child passenger is properly secured
Topic: Traffic ticket for not properly securing a seat belt
Replies: 7
Views: 11285

Re: Traffic ticket for not properly securing a seat belt

You said both your wife and your daughter had their seatbelts under their arms. A seatbelt must be worn over the arm and shoulder. You can still request a trial and see the disclosure, but keep in mind you've admitted they were both wearing them incorrectly.
by Zatota
Wed Oct 17, 2018 10:10 am
Forum: Courts and Procedure
Topic: Appealing a conviction for a traffic offence where the ticket was not signed.
Replies: 6
Views: 4408

Re: Appealing a conviction for a traffic offence where the ticket was not signed.

In theory, checking a phone is no different from eating a donut or drinking a coffee or from a water bottle. They're all distracting. The display in my car shows me who's calling, so I don't have to peek at my phone, but it's often tempting to do so. In practice, the difference is that the specific prohibition on using a device is written into the ...
by Zatota
Wed Oct 17, 2018 10:04 am
Forum: Hand-held devices
Topic: Touched mounted phone to decline call and received $490 ticket
Replies: 4
Views: 3677

Re: Touched mounted phone to decline call and received $490 ticket

The person with whom you meet at early resolution may be in a good mood and may accept your story that you simply pushed one button on a mounted phone. Do your homework and bring at least subsection 14 (1) of the Regulation with you. Tell the prosecutor that that's exactly what you did and no more. The prosecutor probably won't have the officer's ...
by Zatota
Tue Oct 16, 2018 8:39 pm
Forum: Hand-held devices
Topic: Touched mounted phone to decline call and received $490 ticket
Replies: 4
Views: 3677

Re: Touched mounted phone to decline call and received $490 ticket

You very well could have an argument pursuant to subsection 14 (1) of O. Reg. 366/09 (that's the Regulation dealing with hand-held device exemptions; s. 14 (1) refers to what you said in terms of being able to push a button if the device is securely mounted). That said, the officer/Prosecutor could amend the charge to Green light - fail to proceed ...
by Zatota
Tue Oct 02, 2018 1:24 pm
Forum: Summon
Topic: Is my case really a case of "mis use parking permit"??
Replies: 28
Views: 20878

Re: Is my case really a case of "mis use parking permit"??

You're right. Because it's a parking ticket, you won't get disclosure. But you can explain the situation and see what the reviewer says. If you're not happy, you can request a second review.
by Zatota
Sat Sep 22, 2018 1:11 pm
Forum: Summon
Topic: Is my case really a case of "mis use parking permit"??
Replies: 28
Views: 20878

Re: Is my case really a case of "mis use parking permit"??

I assume by now you've requested a trial. As soon as you have the trial date, request disclosure.
by Zatota
Thu Sep 06, 2018 12:06 pm
Forum: Summon
Topic: Is my case really a case of "mis use parking permit"??
Replies: 28
Views: 20878

Re: Is my case really a case of "mis use parking permit"??

If you haven't yet requested your trial, bring a letter from your father explaining the situation, including the fact that the space in which you parked was the closest one available. The person at the ticket office may be able to cancel the ticket.
by Zatota
Sat Aug 18, 2018 11:36 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 145KM/h - 45KM over in a 100KM zone - York Region
Replies: 9
Views: 6416

Re: Speeding 145KM/h - 45KM over in a 100KM zone - York Region

Aside from everything else that's been discussed, you keep referring to York Region. You were in the City of Toronto. "York" here refers to the former City of York, which is now part of Toronto. The courthouse is in the York Civic Centre, an administrative building for the City of Toronto, formerly City Hall for the City of York. The officer who ...