Search found 888 matches

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: 4092

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: 3907

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: 4832

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: 10883

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: 1775

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: 5194

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: 10495

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: 10883

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: 8075

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: 1775

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: 10883

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: 3457

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: 10883

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: 3932

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: 3932

Re: 147 in a 90 advice

I agree