Search found 888 matches

by argyll
Sun Jan 08, 2017 12:38 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 22169

Re: Two stop sign infractions but one ticket?

There's a check mark by the box. I doubt you're going to get it thrown out for that.
by argyll
Fri Jan 06, 2017 9:42 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37238

Re: Speeding and Follow Too Closely

Yes, that's normal.
by argyll
Tue Jan 03, 2017 4:03 pm
Forum: General Talk
Topic: Contesting Fail 2 Surrender Insurance card ticket after paid
Replies: 6
Views: 4872

Re: Contesting Fail 2 Surrender Insurance card ticket after

Your chances of re-opening a ticket that you paid are pretty much nil.

Sidebar....it's stuff like this that just burns me up. People are negative about police because of the huge impact a ticket has on them financially. It is nothing to do with the fine but the increased insurance premiums. How on earth does not having your friend's insurance slip ...
by argyll
Tue Jan 03, 2017 3:03 pm
Forum: General Talk
Topic: Cell Phone Ticket. Need Advice
Replies: 29
Views: 12375

Re: Cell Phone Ticket. Need Advice

Yes, plea bargains can be made right up to the trial starting and even during a trial (more common in criminal cases). Having said that there isn't really any other offence that a mobile phone ticket can be bargained down to.
by argyll
Tue Jan 03, 2017 3:00 pm
Forum: Careless Driving
Topic: Prep for early resolution meeting
Replies: 14
Views: 22615

Re: Prep for early resolution meeting

Personally, and it is just my opinion, I would have bitten her arm off. Your wife clearly did not stay in her lane as she hit a lamp post which presumably wasn't in her lane. The fact that she was driving correctly up until she left her lane and hit the pole is not the point in question. Normal driving does not involve striking an imoveable object ...
by argyll
Mon Jan 02, 2017 5:43 pm
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17716

Re: Careless driving - left turn causing collision

Indeed. Criminal court, they happen all the time. I've never come across one in a Provincial Court setting.

It's always to joy of case law. One can find cases to support both sides of an argument. The worst we ever discussed at work was whether a police officer could be disturbed criminally....masses of case law on both sides. But I digress.......
by argyll
Mon Jan 02, 2017 4:19 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17716

Re: Careless driving - left turn causing collision

http://www.canlii.org/en/on/oncj/doc/2007/2007oncj343/2007oncj343.html

This quotes the case to which you refer in para 15 but also has a Supreme Court decision at para 12 which would appear to contradict the ruling.

I've been involved with trials when a lesser offence conviction has been the outcome but it has been because of a mid trial bargain ...
by argyll
Sun Jan 01, 2017 10:35 am
Forum: General Talk
Topic: is it legal? atv with snow plow
Replies: 10
Views: 6639

Re: is it legal? atv with snow plow

Check the provisions of the Off Road Vehicle Act which permit some road movement. I think the addition of the blade is a red herring.
by argyll
Fri Dec 30, 2016 6:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Reduced Construction Zone Ticket - Disclosure Attached
Replies: 4
Views: 3464

Re: Reduced Construction Zone Ticket - Disclosure Attached

If you feel someone is too close to you then the correct response is to gradually slow down and change lanes where possible.

Your opinion about being tailgated by a cruiser will not be a successful defence.
by argyll
Fri Dec 30, 2016 11:55 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17716

Re: Careless driving - left turn causing collision

No, your trial is for the offence that you are charged with. It's all or nothing for the Prosecution.
by argyll
Thu Dec 29, 2016 3:41 pm
Forum: General Talk
Topic: Warn Range a year ago. Help thanks.
Replies: 4
Views: 2911

Re: Warn Range a year ago. Help thanks.

A Warn should have no effect on your insurance. Just don't go getting a bunch of them !
by argyll
Tue Dec 27, 2016 6:21 am
Forum: Careless Driving
Topic: Careless Driving Charge for switching several lanes etc.
Replies: 14
Views: 5792

Re: Careless Driving Charge for switching several lanes etc.

Engaging in a conversation can assist in the officer's assessment as to your level of sobriety.
by argyll
Mon Dec 26, 2016 8:09 pm
Forum: Careless Driving
Topic: Careless Driving Charge for switching several lanes etc.
Replies: 14
Views: 5792

Re: Careless Driving Charge for switching several lanes etc.

Ynotp: Hmm why do you think so? When he followed me I was driving in the same lane without switching because I did get nervous as to why he's right behind me.

If you are replying to my message.... you know you are a law abiding citizen getting pulled over for a 'minor' traffic issues; the copper has no idea who you are. I always ran computer ...
by argyll
Mon Dec 26, 2016 3:49 pm
Forum: Careless Driving
Topic: Careless Driving Charge for switching several lanes etc.
Replies: 14
Views: 5792

Re: Careless Driving Charge for switching several lanes etc.

As is the fact he didn't pull you over right away. He was likely running checks on your vehicle and the registered owner to gives him an idea of who he might be dealing with.
by argyll
Sun Dec 25, 2016 5:27 am
Forum: General Talk
Topic: Disclosure-3rd party O'Connor records-subpoena duces tecum
Replies: 4
Views: 2183

Re: Disclosure-3rd party O'Connor records-subpoena duces tec

If the JP has said they don't believe they are relevant it isn't likely they will sign a subpoena for them.
by argyll
Fri Dec 23, 2016 9:31 am
Forum: General Talk
Topic: Happy Christmas all
Replies: 7
Views: 2765

Re: Happy Christmas all

230 km a day, every day......I hope you have someone else paying for the fuel !!

Merry Christmas
by argyll
Tue Dec 20, 2016 2:41 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7189

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

But that doesn't say 'for offences committed by drivers of motor vehicles'.
by argyll
Tue Dec 20, 2016 2:39 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 75KM/H in 50 KM/H zone
Replies: 19
Views: 9174

Re: Speeding 75KM/H in 50 KM/H zone

I would suggest your utterance about going 10 km/hr over the speed limit is going to sink you. Yes, you can hold a voir dire but these type of comments are almost exclusively admitted.

I do think you got screwed by having the adjournment count against you though.
by argyll
Sat Dec 17, 2016 6:31 am
Forum: General Talk
Topic: Happy Christmas all
Replies: 7
Views: 2765

Re: Happy Christmas all

Same to you bobajob
by argyll
Thu Dec 15, 2016 12:42 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7241

Re: Failing to stop for a School Bus

But unlikely it would be that long. After 30 days the police need a summons which is much more work. If you last 30-40 days you're likely to be OK.
by argyll
Thu Dec 15, 2016 12:39 pm
Forum: Driving While Suspended
Topic: Probation order applies to other provinces?
Replies: 4
Views: 4009

Re: Probation order applies to other provinces?

Probation orders can be seen in other provinces.
by argyll
Wed Dec 14, 2016 1:31 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7241

Re: Failing to stop for a School Bus

I would suspect that your contrition by stopping and apologising would prevent the bus driver from making a formal complaint. They are rightly very protective of their wards but hopefully understand that everyone makes mistakes.
by argyll
Fri Dec 09, 2016 10:40 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37238

Re: Speeding and Follow Too Closely

" that JPs really don't care what police officers do"

That is NOT what I said. But you have my point of view so no need to flog a dead horse.
by argyll
Thu Dec 08, 2016 3:47 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37238

Re: Speeding and Follow Too Closely

I think you hit the nail on the head Zatota with your last sentence. Your issue is with the actions of the officer and if so then it is your right to make a complaint about him. But the JP won't care and will shut you down very very quickly which is only going to make you pissed off with life. I've seen it so many times. The court is only ...
by argyll
Thu Dec 08, 2016 3:44 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28086

Re: Appeal Red light conviction

The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes ...
by argyll
Thu Dec 08, 2016 3:34 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28086

Re: Appeal Red light conviction

I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.

I think this is not ...
by argyll
Thu Dec 08, 2016 3:32 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 75KM/H in 50 KM/H zone
Replies: 19
Views: 9174

Re: Speeding 75KM/H in 50 KM/H zone

But you will be pitting google maps and a commercial dash cam against a law enforcement radar or laser speed measuring device. I don't anticipate a good outcome for you, I'm afraid.
by argyll
Thu Dec 08, 2016 11:25 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26151

Re: Missing Set Fine - Missing Total Payable

HUGELY uncommon. You would have had to do something to make yourself very memorable indeed. OTD is bang on that the officer may well have shredded the ticket already which does leave you in the lurch a wee bit but is better than having the ticket correct !
by argyll
Thu Dec 08, 2016 10:24 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28086

Re: Appeal Red light conviction

I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.