Search found 888 matches

by argyll
Sun Aug 14, 2016 8:18 am
Forum: General Talk
Topic: Failure to Stop for Emergency Vehicle
Replies: 26
Views: 11463

Re: Failure to Stop for Emergency Vehicle

On the off chance you're not a troll comparing what happened to you with the Holocaust is shameful. Getting a traffic ticket and genocide is just a ridiculous thing to compare.

By your admission you didn't forget about your sticker, you actually knew you didn't have valid registration and just decided that everyone else should pay for the use of ...
by argyll
Sun Aug 14, 2016 2:19 am
Forum: General Talk
Topic: Officer did not file my ticket within 7 days
Replies: 7
Views: 9953

Re: Officer did not file my ticket within 7 days

"Filing of certificate of offence
4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4)."

I don't know if that's an automatic dismissal though.
by argyll
Sat Aug 13, 2016 11:37 pm
Forum: General Talk
Topic: Failure to Stop for Emergency Vehicle
Replies: 26
Views: 11463

Re: Failure to Stop for Emergency Vehicle

I feel if he had a soul he could of told me all the rules and I would of never did this again and perhaps he could of suggested we drive over to my place 3 minutes away to fix the problem by getting my papers into my wallet from my room and giving me a few hours to come back to meet him at the station showing I went to get new sticker. NOPE ...
by argyll
Sat Aug 13, 2016 11:23 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: If/when do I have to disclose my evidence for a trial?
Replies: 7
Views: 3311

Re: If/when do I have to disclose my evidence for a trial?

You don't have to disclose anything. The burden of proof in a trial lies with the Crown.
by argyll
Sat Aug 13, 2016 1:23 am
Forum: General Talk
Topic: 115 On Highway 401
Replies: 12
Views: 4121

Re: 115 On Highway 401

Plus when I pull someone over I don't just affect that driver but everyone else on the road who sees the flashing lights. I live in the UK now and almost all enforcement is by camera and people see the ticket in the mail simply as a cost of doing business.
by argyll
Tue Aug 09, 2016 10:39 am
Forum: Parking Tickets
Topic: Parked in a designated fire route, but not a real fire route
Replies: 7
Views: 8625

Re: Parked in a designated fire route, but not a real fire r


P.S.: In this case, yes! Some neighbours saw me measuring the street and came over to chat, and it turns out she monitors the mailboxes (also on the private street), and has threatened to give people tickets while they were getting their mail.

Then they should be filing a complaint against her.

A fire route needs to be clear in case of an ...
by argyll
Tue Aug 09, 2016 6:43 am
Forum: Parking Tickets
Topic: Parked in a designated fire route, but not a real fire route
Replies: 7
Views: 8625

Re: Parked in a designated fire route, but not a real fire r

If you are inside for 5 minutes then you are parked. Basically if you aren't around your vehicle then you are not actively engaged in loading.

PS. Vulture ? You mean the person who helps to keep traffic flowing and routes open for emergency vehicles. They came across your car unattended and did their job. If you did not see them then how can they ...
by argyll
Mon Aug 08, 2016 10:36 am
Forum: General Talk
Topic: What can happen when following too close
Replies: 2
Views: 1978

Re: What can happen when following too close

As quick as that !
by argyll
Sun Aug 07, 2016 2:11 pm
Forum: General Talk
Topic: drivers licence lost
Replies: 4
Views: 2308

Re: drivers licence lost

You need your licence to drive. An officer might show discretion but then again we've heard every excuse in the book. Just the luck of the draw which copper you might get.

If you got a ticket it would be an offence and would count against your insurance.

Simple answer is don't drive until you get a new one.
by argyll
Sun Aug 07, 2016 3:20 am
Forum: General Talk
Topic: Hit and Run - Victim. Next steps?
Replies: 1
Views: 1529

Re: Hit and Run - Victim. Next steps?

The copy of the form that goes to the ministry (and later the insurance company) has codes on it where the officer should have indicated it was a Fail to Remain. Your copy won't show those. Assuming it all happened as you say this should have no impact on your insurance and all your expenses should be covered. There is no need for a lawyer because ...
by argyll
Sun Aug 07, 2016 3:15 am
Forum: General Talk
Topic: Unpaid Fine - How long until suspension?
Replies: 5
Views: 5249

Re: Unpaid Fine - How long until suspension?

Right but there are no sanctions given until service has been made.
by argyll
Sat Aug 06, 2016 3:32 am
Forum: General Talk
Topic: Unpaid Fine - How long until suspension?
Replies: 5
Views: 5249

Re: Unpaid Fine - How long until suspension?

Service of notice of licence suspension
52. (1) Where a persons drivers licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person ...
by argyll
Sat Aug 06, 2016 3:29 am
Forum: General Talk
Topic: Unpaid Fine - How long until suspension?
Replies: 5
Views: 5249

Re: Unpaid Fine - How long until suspension?

They will mail a letter of suspension to the address on file with the MTO. The suspension then comes into effect a certain number of days after that. It's referred to as 'deemed service'.
by argyll
Fri Aug 05, 2016 2:04 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, reduced to 115 in 100 zone
Replies: 7
Views: 4269

Re: First ticket, reduced to 115 in 100 zone

I'm not sure it's going to be that simple. If the actual certificate of offence isn't signed then that would be one thing. I don't think not having a signature on the Offence Notice is necessarily a slam dunk. It may be but the court may not see it that way. The notice is to advise you of the charge, which it does even without the signature.
by argyll
Fri Aug 05, 2016 10:56 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, reduced to 115 in 100 zone
Replies: 7
Views: 4269

Re: First ticket, reduced to 115 in 100 zone

I stand corrected. I read it the same as jsherk. I always pulled the Offence Notice off and signed both parts separately.
by argyll
Fri Aug 05, 2016 4:34 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, reduced to 115 in 100 zone
Replies: 7
Views: 4269

Re: First ticket, reduced to 115 in 100 zone

I don't believe that is correct. The portion issued to the driver does not need a signature. The part sent to the court does.

In fact the signature box says that it is certifying that the officer served the driver so it shouldn't be signed until the offence notice has been issued.
by argyll
Thu Jul 28, 2016 6:29 pm
Forum: General Talk
Topic: 115 On Highway 401
Replies: 12
Views: 4121

Re: 115 On Hig

Assuming that this played out as the OP says, this is exactly the reason people hate the police. Makes me so angry that trained investigators waste their time writing ludicrous tickets like this one. Everyone does 15-18 over the limit. Traffic enforcement should revolve around aggressive driving not just a few kilometres over the speed limit.

It ...
by argyll
Wed Jul 27, 2016 3:56 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) Need Help
Replies: 12
Views: 5212

Re: Disobey Sign 182 (2) Need Help

It'll be tough. The officer will be able to speak to extensive driving experience and that he believed he was going well over 50 and you were pulling away. Without your taking the stand and saying you weren't speeding that's going to be pretty compelling evidence. He doesn't need to provide evidence of a particular speed, just that you were going ...
by argyll
Wed Jul 27, 2016 1:12 am
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 38053

Re: Stunt/Racing Charge

But their attempts at service will become more robust the closer to the 6 months. This won't go away. Do you want a copper to turn up at your work with a ticket ?
by argyll
Tue Jul 26, 2016 1:23 pm
Forum: General Talk
Topic: Have there been any changes to 11b charter challenges
Replies: 3
Views: 1991

Re: Have there been any changes to 11b charter challenges

I agree with jsherk. These decisions relate to Criminal matters. I don't see a change in the current traffic ticket court timelines.
by argyll
Tue Jul 26, 2016 1:22 pm
Forum: General Talk
Topic: Impact of new Supreme Court ruling regarding trial limits?
Replies: 13
Views: 5442

Re: Impact of new Supreme Court ruling regarding trial limit

" A new framework is therefore required for applying s. 11 (b). This framework is intended to focus the s. 11 (b) analysis on the issues that matter and encourage all participants in the criminal justice system to cooperate in achieving reasonably prompt justice, with a view to fulfilling s. 11 (b)s important objectives."

Note CRIMINAL justice ...
by argyll
Tue Jul 26, 2016 1:18 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 13224

Re: Stopped for truck inspection, charter challenge 10 (b)?

I'm not an expert on such matters but I think there is a lot for you to do. I suspect you could have the paralegal's licence to practice taken away as he has no authority to plead guilty for you without instruction. Things like having a case reopened have strict time limits so you don't want to sit on this one.

I'd be having a conversation at ...
by argyll
Tue Jul 26, 2016 1:13 pm
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 38053

Re: Stunt/Racing Charge

It has to be personal service. They can mail suspension notices but not summonses.

And yes, you can not open the door, or open it and refuse to identify yourself and then the police can get a warrant and deal with you at the time of likely greatest inconvenience and you will get zero leeway from police or Crown. Your choice.
by argyll
Tue Jul 26, 2016 10:16 am
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9531

Re: No full disclosure provided after 2 court appearance

Personally if I was in your situation I would file two motions:

1. 11B under the charter for unreasonable delay
2. section 7 under the charter, failure to provide disclosure

With these two motions it would be extremely hard to believe that crown would continue to proceed, they don't have the time to deal with this much headache and would simply ...
by argyll
Tue Jul 26, 2016 10:15 am
Forum: General Talk
Topic: Have there been any changes to 11b charter challenges
Replies: 3
Views: 1991

Re: Have there been any changes to 11b charter challenges

I's ask your paralegal for the case. People here will be interested.
by argyll
Tue Jul 26, 2016 10:14 am
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 38053

Re: Stunt/Racing Charge

avoiding SERVICE WOULD BE IF YOU FAILED TO RETURN MESSAGES LEFT FOR YOU TO CALL THEM, DIDN'T ANSWER THE DOOR WHEN YOU WERE HOME, etc (oops hit caps lock - sorry).
by argyll
Mon Jul 25, 2016 2:50 pm
Forum: Courts and Procedure
Topic: Court date interferes with disclosure?
Replies: 5
Views: 3681

Re: Court date interferes with disclosure?

All he has to say is he saw a car not stop, he pulled over that car, he id'd the driver through photo id and that's it. Even if he got the colour wrong on your car it wouldn't get his testimony thrown out.
by argyll
Mon Jul 25, 2016 2:47 pm
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 38053

Re: Stunt/Racing Charge

If they feel that you are avoiding service they can apply for a warrant. The chance was they wouldn't bother trying to re-serve but if they are then it's not going to go away. It will have a task due date at the station and someone's supervisor is going to lean on them to get you served.
by argyll
Sun Jul 24, 2016 6:01 pm
Forum: Stunt Driving
Topic: 147 in a 90 advice
Replies: 13
Views: 4141

Re: 147 in a 90 advice

Depends on the Crown but average to good.
by argyll
Sat Jul 23, 2016 10:58 pm
Forum: Stunt Driving
Topic: 147 in a 90 advice
Replies: 13
Views: 4141

Re: 147 in a 90 advice

I agree