Search found 888 matches

by argyll
Sat Feb 20, 2016 8:38 am
Forum: Driving While Suspended
Topic: Want to take the lesser plea after setting a court date
Replies: 3
Views: 2798

Re: Want to take the lesser plea after setting a court date

Big gamble indeed. It's a slam dunk trial so there's very little incentive for them to be accommodating. Worth a shot though.
by argyll
Fri Feb 19, 2016 1:42 am
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10206

Re: Got pulled over for driving a rental car. Legal?

I did and when I was an instructor at police college I taught that to all recruits.
by argyll
Thu Feb 18, 2016 5:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 119 in 90 zone, advice please
Replies: 4
Views: 2524

Re: 119 in 90 zone, advice please

I think you need to obtain disclosure so you can see the evidence against you. But you have to play your part in getting that. They are clear that they don't mail it and you have failed to provide them with the required phone number.
by argyll
Thu Feb 18, 2016 4:54 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light for right turn, got disclosure
Replies: 12
Views: 4709

Re: Fail to stop at red light for right turn, got disclosure

You said you made the turn in safety so why would you think there could be a Dangerous Driving charge out there.

Yes in theory police have 6 months to lay a charge but in reality unless it's something very serious they won't bother. If I got a late filing notice or fatal error back from the justice I'd just turf it and move on with my day.
by argyll
Thu Feb 18, 2016 4:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 119 in 90 zone, advice please
Replies: 4
Views: 2524

Re: 119 in 90 zone, advice please

You are sending two documents to two different offices. The Crown won't have your phone number from the election form so will be able to say they couldn't contact you.
by argyll
Thu Feb 18, 2016 4:47 pm
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10206

Re: Got pulled over for driving a rental car. Legal?

I highly recommend everybody have a dashcam and record ALL interactions with police because most of the time the courts will always side with an officers testimony over an accused. If they are doing their job correctly, then they have nothing to worry about.

Kind of the same about people talking to the police. If you're doing nothing wrong then ...
by argyll
Wed Feb 17, 2016 11:26 am
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10206

Re: Got pulled over for driving a rental car. Legal?

Nope. You choose to drive, you agree to play by the rules.

I'm interested, do you have friends record your interaction with bank tellers ? Waiters in restaurants ? What made you choose to have someone record this interaction with a professional doing their job.

Serious question.
by argyll
Sun Feb 14, 2016 4:34 am
Forum: Stunt Driving
Topic: 167km/h, and perform race in an 80 zone.
Replies: 4
Views: 2888

Re: 167km/h, and perform race in an 80 zone.

If it's a choice between a conviction in court or the plea deal then obviously the plea deal looks good but something isn't right.

Section 172 reads:

"Racing, stunts, etc., prohibited
172. (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21.

Offence
(2 ...
by argyll
Sat Feb 13, 2016 3:13 pm
Forum: General Talk
Topic: Parking ticket on a Green P parking lot
Replies: 7
Views: 4893

Re: Parking ticket on a Green P parking lot

And there is no real possibility of saving £30 !
by argyll
Thu Feb 11, 2016 2:19 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar
Replies: 2
Views: 2218

Re: Radar

The radar will give a reading for the faster vehicle and the officer's eyes will tell him or her which vehicle is moving faster.
by argyll
Thu Feb 11, 2016 2:18 pm
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7620

Re: No validated permit HTA (7) (1) (a)

Section (7)(1)(a) says the vehicle has to have a valid permit - which it did. Section 7(5) on the other hand says it has to be carried. The charge section is wrong.
by argyll
Mon Feb 08, 2016 2:55 pm
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7620

Re: No validated permit HTA (7) (1) (a)

I thought I heard somewhere that the sticker on the registration was a nice to have these days. Could be wrong but you might want to check.
by argyll
Sat Feb 06, 2016 5:41 pm
Forum: Failing to obey the directions of a police officer
Topic: Failure To Obey Officer Directing Traffic Sitting In Car
Replies: 5
Views: 5922

Re: Failure To Obey Officer Directing Traffic Sitting In Car

Charge should have been Sec 159. I don't believe the elements of Sec 134 are made out as you describe it.
by argyll
Sat Feb 06, 2016 3:53 pm
Forum: General Talk
Topic: Speeding ticket 15km/h over, what to do now?
Replies: 22
Views: 7724

Re: Failure to Stop at Red Light

OP. That is a pretty miserable ticket and yes people drive like that all the time. The officer is wrong about the stunt driving, that applies when you gun it as soon as the lights turn green to beat the traffic that is going straight ahead opposite you.

If it was 144(18) I don't think that applies to you as it talks about entering the ...
by argyll
Sat Feb 06, 2016 1:21 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light
Replies: 3
Views: 2553

Re: Failure to Stop at Red Light

Oak we've got two different posters about 2 different offenses here. Makes it confusing !
by argyll
Thu Feb 04, 2016 5:02 pm
Forum: General Talk
Topic: Speeding ticket 15km/h over, what to do now?
Replies: 22
Views: 7724

Re: Speeding ticket 15km/h over, what to do now?

Robfer, I feel for you. A 5 over ticket is just nonsense in my opinion but it is what it is. Yes, you are better off with your strategy of delaying it so that the first ticket drops off. The notes are rock solid and the chances of the officer not turning up in court are greatly diminished these days (but you might get lucky, who knows).

I'm afraid ...
by argyll
Tue Feb 02, 2016 1:16 pm
Forum: Failing to remain at the scene of a collision
Topic: 3 charges and court summons
Replies: 10
Views: 5349

Re: 3 charges and court summons

Unless there is video evidence so you're going to want to get disclosure to see what the crown has available too them.

Get the time of the incident and contact Uber. They track their vehicles should be able to tell you exactly where you were at that time.
by argyll
Tue Feb 02, 2016 3:57 am
Forum: Failing to remain at the scene of a collision
Topic: 3 charges and court summons
Replies: 10
Views: 5349

Re: 3 charges and court summons

These are very serious charges which will have a catastrophic effect on your driving ability. I would be doing everything possible to determine where I was on the date and time in question and also where my vehicle was. Is it possible someone else was driving it ?
by argyll
Sun Jan 31, 2016 6:49 pm
Forum: Failing to yield the right-of-way
Topic: 136(1)(b). Charged, but unscathed
Replies: 6
Views: 3514

Re: 136(1)(b). Charged, but unscathed

Ah I see, I thought you were following the initial car that left the road. Unfortunately the bottom line is that your action caused the second vehicle brake. Certainly the conditions played a big part in that but either he braked reasonably in which case you are at fault or he had no need to brake at all in which case you would need to have good ...
by argyll
Sun Jan 31, 2016 6:27 pm
Forum: General Talk
Topic: Got a ticket for: 144(10) Disobey Lane Light
Replies: 4
Views: 14057

Re: Got a ticket for: 144(10) Disobey Lane Light

Unless you are in real financial hardship then it is unlikely they will reduce the fine although they will give you time to pay.

Even though the ticket has no points it will count against your insurance so if you really believe that it would have been dangerous to stop in time then you can try and win at trial by saying just that. It's not like ...
by argyll
Sun Jan 31, 2016 10:46 am
Forum: Failing to yield the right-of-way
Topic: 136(1)(b). Charged, but unscathed
Replies: 6
Views: 3514

Re: 136(1)(b). Charged, but unscathed

Better option would have been to proceed to the same safe U-turn location you used in the first place rather than turn close to the brow of a hill. How bad were the conditions ?
by argyll
Sun Jan 31, 2016 10:41 am
Forum: General Talk
Topic: Not talking to the police
Replies: 5
Views: 2529

Re: Not talking to the police

I worked with many police officers in Ontario who wouldn't ticket drivers who were polite and apologetic. Of course there are those who are giving you a ticket regardless and by being apologetic you are going to screw yourself at trial but personally I have always advised friends and family to go the polite and apologetic route - and have been ...
by argyll
Sun Jan 31, 2016 3:36 am
Forum: General Talk
Topic: Not talking to the police
Replies: 5
Views: 2529

Not talking to the police

Following on from the thread a while back about not talking to the police, sometimes that definitely doesn't work in your favour. I've had occasions where I've wanted to offer a warning but the offender has adamantly refused to accept responsibility leaving me no option but to charge.

Refusing to open the door cost this fellow big bucks:

https ...
by argyll
Fri Jan 29, 2016 2:18 pm
Forum: Red Light Camera Ticket
Topic: Redlightcamera: light was only red for 000.5 seconds
Replies: 18
Views: 20996

Re: Redlightcamera: light was only red for 000.5 seconds

Ontario Highway Traffic Act, Section 144 covers the following information regarding Amber Lights:
Amber light
(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O. 1990, c ...
by argyll
Fri Jan 29, 2016 8:17 am
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7720

Re: Officer forgot to sign the ticket.

Yes they are contradictory. Of course the only person who's opinion matters is the justice. Yet another case of laws being badly written ! Of course that allows lawyers to make lots of money arguing over ambiguous legislation.
by argyll
Fri Jan 29, 2016 6:40 am
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7720

Re: Officer forgot to sign the ticket.

In fact technically no ticket given to a driver should be signed as the officer is signing after the fact to say that the ticket has been issued.
by argyll
Fri Jan 29, 2016 5:24 am
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7720

Re: Officer forgot to sign the ticket.

I read the case law differently. It says:

"Sections 3(2)(a)&(b) of the POA are of further guidance. These sections set out that an officer may issue a Certificate of Offence but must complete and sign it to certify an offence has been committed and she/he has issued either an Offence Notice including the Set Fine or a Summons. The use of the word ...
by argyll
Thu Jan 28, 2016 5:50 pm
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7720

Re: Officer forgot to sign the ticket.

The officer has to sign the actual ticket that goes to court. The part that goes to the driver does not require a signature.
by argyll
Wed Jan 20, 2016 7:18 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 79 in a 50 ticket
Replies: 16
Views: 5559

Re: 79 in a 50 ticket

Had a look at Google maps. It's not much of a bend.