Search found 888 matches

by argyll
Wed Dec 07, 2016 5:49 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

In regards to number 4, doesn't your calculations show you were travelling at 50-60 km/hr so you were speeding?
by argyll
Tue Dec 06, 2016 1:28 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Stopped for 30-49km/h over but reduced...G2
Replies: 10
Views: 4830

Re: Stopped for 30-49km/h over but reduced...G2

Even jsherk is wavering from his usual Fight Hard, Fight Everything, Fight Until the Justice Cries stance :-)
by argyll
Tue Dec 06, 2016 1:26 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Stopped for 30-49km/h over but reduced...G2
Replies: 10
Views: 4830

Re: Stopped for 30-49km/h over but reduced...G2

Bobajob. Read the above. This is about avoiding the suspension on points.
by argyll
Tue Dec 06, 2016 10:36 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Stopped for 30-49km/h over but reduced...G2
Replies: 10
Views: 4830

Re: Stopped for 30-49km/h over but reduced...G2

Thank your lucky stars, pay it and slow down.
by argyll
Tue Dec 06, 2016 10:35 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 69993

Re: careless driving because pedestrian claims my car hit he

I would suspect that this complaint was made in the heat of the road-rage moment and now the witness doesn't want to be involved, using illness as an excuse. It may just go away at the next appearance.....

....but plan for the worst. Your paralegal needs to have some good cross skills.
by argyll
Mon Dec 05, 2016 10:34 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 69993

Re: careless driving because pedestrian claims my car hit he

Illness will always get an adjournment. If they just failed to attend then that is another matter entirely.

My experience of JPs is different than above. Maybe I've just been fortunate but I have found JPs to be very non-biased, sometimes even verging on the side of the defendant. I would have thought that it would be possible to mount a credible ...
by argyll
Fri Dec 02, 2016 2:59 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37257

Re: Speeding and Follow Too Closely

So you're using the argument that he was doing it so I should be able to as well. You are very much falling into the trap of another post on another thread which said examine why you are going to court. It sounds to me like you are expecting to be found guilty but just want your voice to be heard. Sadly it won't be - you will be shut down by the ...
by argyll
Fri Dec 02, 2016 12:36 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37257

Re: Speeding and Follow Too Closely

You are really reaching. You are asking your judge to overhaul the entire system.
by argyll
Fri Dec 02, 2016 10:22 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37257

Re: Speeding and Follow Too Closely

On a side note, while your questions about the Officer and his/her rate of speed are an interesting discussion. I wouldn't get too focused on them as they have no impact on your case.

So you're saying an officer can speed without fear of repercussion? .

How do you get that from what OTD Legal said ???

He identified you from your driver's ...
by argyll
Thu Dec 01, 2016 7:14 pm
Forum: General Talk
Topic: No Registration fine while waiting for trial on SAME thing
Replies: 4
Views: 2303

Re: No Registration fine while waiting for trial on SAME thi

You are incorrect. You could be stopped every time you take the car on the road. Imagine if you were right and you were awaiting trial for having no insurance and so you could drive with no insurance for the best part of a year. That makes no sense.
by argyll
Thu Dec 01, 2016 7:06 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

The problem is not the date that the notes were written but the fact that your request under the Privacy Act did not get any results. There would have been a computer record of the incident created right when it happened but that was not forthcoming either. That shows that nothing came up. You might have an argument to be made if you had got the ...
by argyll
Thu Dec 01, 2016 8:36 am
Forum: Failing to stop for a school bus
Topic: How long does it take before getting mailed a ticket?
Replies: 5
Views: 17917

Re: How long does it take before getting mailed a ticket?

Not completely true. There are other mandatory reporting requirements in respect of a collision other than just providing your name.
by argyll
Thu Dec 01, 2016 1:58 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

Ottawa. I requested the disclosure from prosecutor as soon as I received the court date but they didn't give me the officers note more than 3 month later. Also, officers not doesn't have a date written. I asked officer in the court specifically that if the note belongs to the RCMP or you and he said:RCMP. But RCMP letter shows they didn't have it ...
by argyll
Thu Dec 01, 2016 1:55 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

Just to be clear - this was in Ontario, right? It isn't often that the RCMP write traffic tickets in Ontario.

It isn't just notes that the letter above says they didn't have, it says they have nothing. This suggests that either they made an error or you made an error somewhere in your request perhaps to whom you sent it. This doesn't show that ...
by argyll
Wed Nov 30, 2016 7:08 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

Without seeing what request you made and what the response was it's difficult to comment. ATI is a bit of a minefield.
by argyll
Wed Nov 30, 2016 5:18 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

Something isn't right. There's no way you would have a FOI response 20 days after the incident. They take along time. Could it have been some other response?
by argyll
Wed Nov 30, 2016 11:47 am
Forum: Failing to obey signs
Topic: Disobey sign HTA 182(2) U Turn
Replies: 2
Views: 5546

Re: Disobey sign HTA 182(2) U Turn

That's a tough one. I generally assumed that a no U-turn applied to the intersection where it was posted and that the general rules of U-turns applied elsewhere.

"U-turns prohibited

143. No driver or operator of a vehicle upon a highway shall turn the vehicle so as to proceed in the opposite direction when,

(a) upon a curve where traffic ...
by argyll
Wed Nov 30, 2016 11:41 am
Forum: Failing to stop for a school bus
Topic: Unintentionally failed to stop for a school bus
Replies: 4
Views: 5165

Re: Unintentionally failed to stop for a school bus

Exactly. The bus drivers are generally experienced and able to make good judgements. They often delay the stop sign being deployed just to let people pass.
by argyll
Wed Nov 30, 2016 11:40 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17465

Re: No written notes only In car camera from police

So you only like those responses with which you agree and will hurl insults at those who dare to offer a different opinion ?!

You CAN be fined more if you go to trial and are found guilty. It happens all the time. The set fine is for those who choose to pay the ticket, if you choose to go to court then the judge can impose anything within the ...
by argyll
Tue Nov 29, 2016 11:56 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37257

Re: Speeding and Follow Too Closely

HTA 128(13) says:
Fire department vehicles and police vehicles
128(13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,
(b) a police department vehicle being used in the lawful performance of a police officers duties;

Seems to me that it says an officer, while on duty, is ...
by argyll
Tue Nov 29, 2016 10:46 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 37257

Re: Speeding and Follow Too Closely

Officers are definitely not allowed to speed all they want while on duty. But there are times when they may exceed the speed limit both with and without emergency lights activated.
by argyll
Tue Nov 29, 2016 10:36 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

It is not the judge's job to solicit objections. If you had had an objection you could have raised it. The fact that you didn't will make it almost impossible to raise as an issue at appeal. The fact that some judges may ask if counsel have any objection does not make it a requirement.
by argyll
Sun Nov 27, 2016 4:11 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to stop for emergency vehicle
Replies: 10
Views: 8454

Re: Failure to stop for emergency vehicle

Plus how long ago was this? The firefighters will have been on many calls since then.
by argyll
Sun Nov 27, 2016 4:09 am
Forum: General Talk
Topic: 0 demerit points
Replies: 9
Views: 4313

Re: 0 demerit points

I agree. Insurance rates are nothing to do with the police.
by argyll
Fri Nov 25, 2016 9:03 am
Forum: Parking Tickets
Topic: Parking ticket not properly served?
Replies: 7
Views: 5208

Re: Parking ticket not properly served?

Private parking enforcement is a mess and should be clearly regulated. In my opinion agencies should be approved by the province to carry out enforcement and then issue Provincial parking tickets which would be dealt with in the proper manner.
by argyll
Fri Nov 25, 2016 1:43 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to stop for emergency vehicle
Replies: 10
Views: 8454

Re: Failure to stop for emergency vehicle

The diagram seems to show the car directly in the way of the fire truck.
by argyll
Thu Nov 24, 2016 4:53 pm
Forum: Parking Tickets
Topic: Parking ticket not properly served?
Replies: 7
Views: 5208

Re: Parking ticket not properly served?

I'd also check the definition or parking. If you're in the vehicle are you parked?
by argyll
Thu Nov 24, 2016 4:51 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28088

Re: Appeal Red light conviction

Just your time and money to file. You need to prove that the trial judge made a mistake in law. Not that he interpreted the evidence in a way you didn't like. From what you have told us you are wasting your time.