Search found 888 matches

by argyll
Tue Nov 21, 2017 8:56 am
Forum: Prohibited turns
Topic: disobey no left turn sign
Replies: 14
Views: 14485

Re: disobey no left turn sign

At this point just wait until the day. The prosecutor will have a stream of people waiting to see them. There will be many deals being made as there is no way they could run trails for the number of people on the docket.
by argyll
Thu Nov 16, 2017 4:47 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Possible Logic Win?
Replies: 10
Views: 3409

Re: Possible Logic Win?

Exactly. They will testify that they have been trained. They don't necessarily need to prove that. The judge can choose to believe them or not as they do with all other evidence. If you have grounds to believe he is lying then you get to attack him in cross examination.
by argyll
Wed Nov 15, 2017 4:59 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Possible Logic Win?
Replies: 10
Views: 3409

Re: Possible Logic Win?

The testimony is that he attended a course and was certified in the use of the radar. He has 'foundation' because he was there for the course knows he passed it and will testify that he did his checks. And he doesn't need to be an expert - that's the instructor who you would have to call as a witness.

You are asking a judge to basically throw out ...
by argyll
Wed Nov 15, 2017 9:37 am
Forum: General Talk
Topic: Insurance claims I was in an accident?
Replies: 4
Views: 3431

Re: Insurance claims I was in an accident?

Did you contact your insurers through a number that you found yourself or did you just call the number that they gave you. This does not sound like a professional way to do business and it could be that it is scam.

I would call your insurance using a phone number on your insurance documents and check that they have a record of this. If it is them ...
by argyll
Tue Nov 14, 2017 9:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Possible Logic Win?
Replies: 10
Views: 3409

Re: Possible Logic Win?

Courts will accept an officer's testimony that he has been trained.
by argyll
Fri Nov 10, 2017 3:24 am
Forum: General Talk
Topic: Insurance claims I was in an accident?
Replies: 4
Views: 3431

Re: Insurance claims I was in an accident?

First thing is to call them and get more details.
by argyll
Wed Nov 08, 2017 3:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 73 on 50..need advice on trial
Replies: 2
Views: 3011

Re: 73 on 50..need advice on trial

The first ticket won't affect your insurance too much. By pleading not guilty and going to trial you are basically going all-in; you'll either be found not guilty or guilty and the ticket will be ratcheted up to the full amount. Do you have any reason to think you might have an avenue to be found not guilty ? You will want to get disclosure and ...
by argyll
Tue Nov 07, 2017 4:20 am
Forum: Failing to obey signs
Topic: Fighting Disobey Sign 182 (2)
Replies: 5
Views: 10046

Re: Fighting Disobey Sign 182 (2)

....and I would suggest that by posting such clear details of your case on an open forum there is a good chance that it could be known you speak English. Tread carefully.
by argyll
Mon Oct 23, 2017 12:58 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 16371

Re: Failure to stop. 136(1)(b)

Might as well ask for a dismissal. Say that you've done your bit by asking for disclosure and that, had you received it, you would have been ready to proceed with a trial. By the crown not providing it you are now disadvantaged due to your relocation. Unlikely it will work but it won't if you don't ask.
by argyll
Sat Oct 21, 2017 5:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136km/h in a 100km/hr, possible win?
Replies: 6
Views: 3269

Re: 136km/h in a 100km/hr, possible win?

It's not uncommon to carry both devices. One is vehicle mounted and used while driving. The other is handheld and therefore used when parked.
by argyll
Thu Oct 19, 2017 5:49 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 149 in 100 zone + no valid licence plate sticker
Replies: 9
Views: 4551

Re: 149 in 100 zone + no valid licence plate sticker

Speed limits not set by scientific data are an affront to Liberty as defined within the Constitution :)

Many roads have critical curve speed well above posted limits.(URL)

Larkin described how Kovach was travelling at 115 kilometres per hour when her cruiser spun out — just one kilometre per hour shy of the critical curve speed for that ...
by argyll
Mon Oct 16, 2017 4:16 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 139 in 90 reduced from 140/141, Error in Officer Notes
Replies: 6
Views: 4967

Re: 139 in 90 reduced from 140/141, Error in Officer Notes

There are many shades of blue and the spectrum of light blue comes very close to grey. This will not assist you. The officer will presumably testify that the vehicle he pulled over was the vehicle that the radar clocked.
by argyll
Mon Oct 16, 2017 4:13 pm
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 13108

Re: got pulled over on a bridge bus lane in Ottawa

If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face.
The offcer is not required to be there for this process.

Not where I worked. Ex parte trials definitely occurred - very ...
by argyll
Mon Oct 16, 2017 2:19 pm
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 13108

Re: got pulled over on a bridge bus lane in Ottawa

No, if you've set a trail date then the trial has to go ahead even if you are not there to give evidence on your behalf. The officer would take the stand and give evidence of the charge and you'd be convicted (except in one legendary case when the officer messed up the testimony and lost an unopposed trial !!). So, no, the charge was withdrawn ...
by argyll
Sun Oct 15, 2017 2:46 am
Forum: General Talk
Topic: Limitation period on provincial offense trials?
Replies: 3
Views: 4980

Re: Limitation period on provincial offense trials?

I'd check with the court house. Sound like it might have been withdrawn.
by argyll
Tue Oct 10, 2017 3:52 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: "29" over
Replies: 7
Views: 4835

Re: "29" over

I don't think you're going to get any traction saying that is a 5. It's just poor handwriting.
by argyll
Mon Oct 09, 2017 4:41 pm
Forum: Careless Driving
Topic: Single Car Accident = Careless driving?
Replies: 1
Views: 3449

Re: Single Car Accident = Careless driving?

Careless has become the go-to charge for police. Firstly because it does kind of fit in that if you drive off the road you weren't driving with care. Secondly supervisors, in my experience, say to lay it and thirdly because it scares people into accepting a plea deal. If you were charged with something else like failure to turn out to avoid ...
by argyll
Fri Oct 06, 2017 5:35 pm
Forum: General Talk
Topic: Speeding ticket with fatal error?
Replies: 34
Views: 22903

Re: Speeding ticket with fatal error?

Personally I think this was the right decision. You were looking for a loophole. You weren't actually prejudiced because you knew what you were being charged with. That's the point of the process.
by argyll
Mon Oct 02, 2017 8:02 am
Forum: Driving While Suspended
Topic: suspended on license
Replies: 5
Views: 4287

Re: suspended on license

My spouse has 2 driving under suspension and 1 driving disqualified convictions within a year and a half originating from a dui conviction over 80. He keeps driving. What are the consequences to him for another disqualified conviction? And what would be the consequences to the owner of the vehicle, me?

You need to get him to stop driving your ...
by argyll
Tue Sep 26, 2017 8:45 pm
Forum: General Talk
Topic: No Insurance Accident, Please Advise
Replies: 13
Views: 4746

Re: No Insurance Accident, Please Advise

If noone answers they will not give up. They'll go to your work, or whatever else works. Not answering your door is a not a good option. These things don't go away.
by argyll
Tue Sep 26, 2017 8:40 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 131 in a posted 90 and failure to provide Insurance. Reduced
Replies: 13
Views: 7458

Re: 131 in a posted 90 and failure to provide Insurance. Red

You might - might - be able to get the insurance dropped if you plead to the reduced speeding. That's 1 ticket in instead of 2.
by argyll
Sun Sep 24, 2017 12:45 pm
Forum: Red Light Camera Ticket
Topic: Right turn on red light camera - complete stop
Replies: 26
Views: 30920

Re: Right turn on red light camera - complete stop

With red lights there will be a stop line. That's where you need to stop. I'm not quite sure I'm following what you're asking.
by argyll
Fri Sep 22, 2017 7:35 am
Forum: Red Light Camera Ticket
Topic: Right turn on red light camera - complete stop
Replies: 26
Views: 30920

Re: Right turn on red light camera - complete stop

Traffic control signals and pedestrian control signals
144 (1) In this section,

Exception – turn
(19) Despite subsection (18) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,

(a) turn to ...
by argyll
Tue Sep 19, 2017 2:42 am
Forum: General Talk
Topic: bicycle fails to trip green light sensor coil
Replies: 11
Views: 4244

Re: bicycle fails to trip green light sensor coil

Personally I think it is ludicrous that they can put in a system that does not work for legal users of the roads. They need to either go to timed light changes or, as in the UK, cameras to detect vehicles.
by argyll
Tue Sep 19, 2017 2:40 am
Forum: Careless Driving
Topic: First ticket Careless Driving Ticket
Replies: 7
Views: 4807

Re: First ticket Careless Driving Ticket

What you did was wrong. From your description can we assume that your right tires were on the shoulder ?

It's certainly not the most henious of manoeuvres so I would suspect you could plead down to a lesser offence.

Not knowing where you are going is certainly no defence.
by argyll
Tue Sep 19, 2017 2:35 am
Forum: Failing to lower headlamp beams
Topic: failing to use lower beams
Replies: 4
Views: 9902

Re: failing to use lower beams

I've seen that charge laid before without much success.