Search found 888 matches

by argyll
Wed Mar 09, 2016 3:39 pm
Forum: General Talk
Topic: Paralegal/Lawyer Suggestions
Replies: 15
Views: 7264

Re: Paralegal/Lawyer Suggestions

Dual thread. You admit you committed the offence, unless there's a fatal error on the ticket a paralegal is going to be very very very unlucky to get the ticket dismissed. It's a slam dunk for the prosecution - officer testified you ran the red and you need some compelling evidence to effectively say he's lying. If expense is no object, pay the ...
by argyll
Wed Mar 09, 2016 4:45 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail To Stop
Replies: 34
Views: 11796

Re: Red Light - Fail To Stop

If this is your first ticket then the insurance hit shouldn't be too extreme. Another one would be significant however.
by argyll
Wed Mar 09, 2016 4:43 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail To Stop
Replies: 34
Views: 11796

Re: Red Light - Fail To Stop

Insurance companies don't care about demerit points. A ticket is a ticket (unless it is a very serious one in which case they treat it worse).

Yes you could simply not have insurance (and not drive !) until the ticket drops off but you're also losing your no claims discount.

The chances of the officer not turning up are very slim these days. You ...
by argyll
Wed Mar 09, 2016 1:14 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail To Stop
Replies: 34
Views: 11796

Re: Red Light - Fail To Stop

There's no point going to trial because the officer will testify you went through on red (or else he wouldn't have issued the ticket and you can't testify or else you have to say the same thing or purjure yourself.
by argyll
Tue Mar 08, 2016 2:54 pm
Forum: Improper driving when road is divided into lanes
Topic: accident and ticket
Replies: 9
Views: 3982

Re: accident and ticket

Weather and ice will be given very little consideration. If it's icy then you are expected to slow down
by argyll
Tue Mar 08, 2016 2:53 pm
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 3781

Re: Police officer didn't show up and JP rescheduled the tri

Illness is a valid reason. Same goes for the defendant: if you're ill, you get an adjournment, if you just don't turn up you get a judgement against you.
by argyll
Mon Mar 07, 2016 2:36 pm
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 3781

Re: Police officer didn't show up and JP rescheduled the tri

If there's a reason why they aren't there such as illness then it might be rescheduled but if they just don't turn up then the charges should be dropped normally.
by argyll
Fri Mar 04, 2016 12:55 pm
Forum: General Talk
Topic: Detailed Disclosure Request for Radar Gun Ticket
Replies: 18
Views: 8030

Re: Detailed Disclosure Request for Radar Gun Ticket

Absolutely. It's why JPs hate self-representation because they end up having to coach people in the rules of evidence. You ABSOLUTELY will hurt your chances if you reel off a laundry list of irrelevant questions. Decide on what you want to attack in the evidence and focus on that. Questions such as do you remember how many cars you stopped that ...
by argyll
Thu Mar 03, 2016 5:23 pm
Forum: Careless Driving
Topic: Hitting lamp post and fail to report
Replies: 9
Views: 3577

Re: Hitting lamp post and fail to report

You would need your friend to act as a witness to say that he advised you when you didn't know what was required and that you were on your way back when you were stopped. The officer should be able to confirm that. All of that may be enough for the justice to overlook the fact that you did leave in the first place.
by argyll
Thu Mar 03, 2016 2:29 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144 (18) help
Replies: 3
Views: 2169

Re: HTA 144 (18) help

Only from the date that a conviction is entered, if one is.
by argyll
Thu Mar 03, 2016 2:28 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6426

Re: Speeding in Algonquin

I think a better strategy would be to continue your cross along the lines of getting the officer to describe the road, bend etc to see if you could introduce doubt as to the 'did lose sight' testimony. Officers may make errors but don't generally lie on the stand.

When I was instructing at the Academy, I always stressed that it is not an officer ...
by argyll
Wed Mar 02, 2016 5:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6426

Re: Speeding in Algonquin

Exactly that. I was expected to be able to give the basics of the incident from memory but could refer to notes for specific details like verbatim statements, times, etc etc.
by argyll
Wed Mar 02, 2016 2:45 pm
Forum: Stunt Driving
Topic: 155Km in 100Km zone
Replies: 11
Views: 4808

Re: 155Km in 100Km zone

Correct, same as the three day for 50 mg%
by argyll
Wed Mar 02, 2016 2:43 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to pull over
Replies: 22
Views: 13787

Re: Failure to pull over

The speed limit is not the speed limit in all circumstances. I attended a 4x4 in a ditch and he said it wasn't his fault because the roads were bad and he wasn't speeding. I brought his attention to the fact that I'd managed to reach him a rear wheel drive Crown Vic and that although the speed limit was 80, that wasn't a safe speed that day. He ...
by argyll
Wed Mar 02, 2016 2:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 26 over
Replies: 9
Views: 4965

Re: WIN speeding 26 over

Nope I doubt it because there would have been much eye-rolling from the judge, and a conviction.

Even if the device isn't listed for Canada the evidence would have to show it wasn't accurate. If someone wanted to lay a charge against the officer for using an unapproved device then that would be an entirely different matter.

It's not like a ...
by argyll
Tue Mar 01, 2016 3:53 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7766

Re: Lidar test before & after means?

If it's the last day of the month then they could just be stopping you to wish you a Happy Birthday.........or a ticket
by argyll
Sun Feb 28, 2016 2:54 pm
Forum: Stunt Driving
Topic: Excessive Speeding in Quebec
Replies: 9
Views: 4082

Re: Excessive Speeding in Quebec

I think you dodged one
by argyll
Sun Feb 28, 2016 2:53 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9803

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

so really, if "everyone" who had a ticket , challenged it, the system would fall flat on its face

jsherk is right, they do not "have to" offer you any kind of deal, but they always do, the reason is, they do not want to deal with the possibility of you getting off on a technicality and they prefer a guaranteed win over a "most likely" win ...
by argyll
Fri Feb 26, 2016 7:14 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9803

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

Yes, it will be one or the other.
by argyll
Thu Feb 25, 2016 3:46 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9803

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

I doubt you will be offered any plea deal. I certainly know my Crowns wouldn't have and the chances of him not turning up are almost nil. An officer might miss a simple ticket and will get spanked for it but not for a ticket like this.

77 over on a highway would be taken as very serious but 77 over on a road that warrants a 40 km/her limit is not ...
by argyll
Thu Feb 25, 2016 2:54 am
Forum: General Talk
Topic: Help pls
Replies: 2
Views: 1336

Re: Help pls

Someone might be along to help but otherwise you could call the agency that gave you the receipt and hopefully they would be able to help you.
by argyll
Thu Feb 25, 2016 2:52 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Any way to request a trial without going in?
Replies: 5
Views: 2485

Re: Any way to request a trial without going in?

If you kept your posts on topic they might actually contribute to the conversation.

You've gone from too many parking permits, to the choice of police vehicle, to Vern Whit's appointment to the Senate, to insurance company scams.

Wow, take a breath.
by argyll
Thu Feb 25, 2016 2:48 am
Forum: Courts and Procedure
Topic: little in the way of disclosure
Replies: 15
Views: 12842

Re: little in the way of disclosure

If the legal arguments you have made are as rambling and hard to understand as your post I can see the police/court's confusion.
by argyll
Wed Feb 24, 2016 1:57 pm
Forum: General Talk
Topic: Ticket for incorrect address on plates
Replies: 8
Views: 2605

Re: Ticket for incorrect address on plates

Ah right, I was writing them out by hand.
by argyll
Wed Feb 24, 2016 2:19 am
Forum: General Talk
Topic: Ticket for incorrect address on plates
Replies: 8
Views: 2605

Re: Ticket for incorrect address on plates

It does seem like a waste of everyone's time. What we used to do was issue the ticket and told the driver that if they brought the permit with updated address to the station within 48 hours then the ticket wouldn't be filed. Seemed to work well.
by argyll
Wed Feb 24, 2016 2:12 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Please help I dont know what to do
Replies: 8
Views: 3215

Re: Please help I dont know what to do

It depends on the courthouse. My main courthouse was Walkerton and often the Crown would ask me to speed to the driver and discuss options which I'd then bring back to him for the ultimate decision. One person's experience is not necessarily relevant to all.
by argyll
Mon Feb 22, 2016 12:30 pm
Forum: General Talk
Topic: Open Liquor (Boat)
Replies: 5
Views: 2459

Re: Impaired boating

Personally I think the boating laws should be the same as on land. You can't get an impaired on a bicycle so why should you get an impaired in a kayak ? Motorised boat ? Absolutely.
by argyll
Mon Feb 22, 2016 12:20 pm
Forum: Courts and Procedure
Topic: little in the way of disclosure
Replies: 15
Views: 12842

Re: little in the way of disclosure

Just because you objected would not mean that the officer couldn't use them, just that the judge would then make a ruling on your objection and bearing in mind officer's notes are used in every trial in the country the chances of the justice siding with you are pretty small to say the least.
by argyll
Sat Feb 20, 2016 4:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding unspecified offence (90 in a 70)
Replies: 11
Views: 3127

Re: Advice regarding unspecified offence (90 in a 70)

Surely the justice won't miss such a glaring error. I'd be very surprised if you heard anything about this again.