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The Court of Appeal overturned that ruling. Here's a snippet, but you can read the full ruling here .

[15] The interpretation of "holding" offered by the appeal judge requires that there be some sustained physical holding. Any holding for a shorter period of time, with the accompanying risks to road safety and driver attention, would be exempt ...

It sounds like at no point did you attempt to contact the police. You made no attempts to pull into a gas station, a store, a house, flag a pedestrian, or any person or place where you could ask for help.

Doesn't sound like it's going anywhere.

Your situation is not a defense. You don't get to speed because you want to pass another vehicle.

The fact i would like to share is that i was driving relax with using cruise control at 108 until i approached the pick up truck which was splashing plenty of water on my windshield and it was making very unclear view. Then i pushed on gas to pass him but i believe i was just about 120 while passing him as the truck was not so fast.


You had ...

The onus is on the driver who is required to yield. Drivers who have the right of way should not have to alter their driving to accommodate those who do not.

139 (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard . R.S.O. 1990, c. H.8, s. 139 (1).

Whether or not you fully entered the lane and were able to get out of reverse doesn't ...

There must be something in traffic law about not holding a driver responsible for component failure on a vehicle.


The complete opposite is true.

As Decatur pointed out, the driver is responsible for the vehicle they put out on the road.

Not that it matters for conviction, but during a trial they would ask you questions like "Was the car ...

It depends on the situation.

Dangerous Driving is a criminal offense, not a HTA offense. Officers do not hand out dangerous driving charges for driver error, whether it's a pedestrian or not. This has been a problem in the past as vehicles who mowed down pedestrians in driver error were sentenced with mediocre fines without taking into ...

These are the officers notes and they're pretty detailed. There's no requirement to write them in a notepad. It's more information that most write in a pad, so if there wasn't anything else to add, they can't provide you with something that isn't there.

They also aren't required to provide you with the manual. If you're lucky, you'll get a page ...

You were charged for making a right on red without coming to a stop.

These cameras aren't just limited to vehicles going straight.

There isn't much you can do here to defend yourself. They are pretty straight forward. See if the fine can be reduced and you can probably just move on. These are glorified parking tickets and aren't usually worth ...

The reason I ask is because these are what's considered the two distracted driving laws.

78 is "Display screen visible to driver prohibited." It doesn't get much attention anymore. It was originally meant to deal with advancements in aftermarket head units. Gone were the LED VCR like screens. They were now coming with display screens with DVD ...

The difference between no insurance and failure to surrender insurance is pretty big. Minimum fine is $5,000. Your insurance surcharge will be 100% if they decide to keep you. Quite possible they tell you to go somewhere else.

Failure to surrender is the equivalent of a normal speeding ticket or rolling a stop sign.

These cameras have a speed threshold so they aren't activating under every slight roll. It's somewhere in between 20-30km and up.

Your stop, while slightly late, isn't something it's usually interested in snapping for.

The flash your seeing is actually for the vehicle across the street blowing through the right turn. For starters, the flash would ...

What exactly were you charged with? 78 (1) or 78.1 (1)?

mesa wrote: Tue Sep 25, 2018 6:55 am Was an 80 speed limit and I had a suspended license on the system that I was not aware.
Not that don't want to pay the fine just how to don't get hit hard at my insurance at this point is my concern.

Were you also charged with driving while suspended?

There is no difference between having an Alberta license or an Ontario license. You go through the same procedure. The only time it's an issue is if you already have an Ontario license and you're trying to use an Alberta license.

How you decide to proceed is ultimately your own choice.

Don't assume you're going to get a break at 49. You haven't ...

You're about a decade too late on this.

They call these administrative suspensions. They are not limited to speeding, but this particular one for 50+ definitely gets the most attention.

If your blood alcohol levels are enough to impair but not enough to call it drunk driving, you can receive a roadside suspension of 3 days.

If you go to the work ...

- They would show up the address listed for the vehicle owner.
- Anywhere up to 6 months.
- No demerit points
- The owner of the vehicle would be charged.

You don't have to do anything.

You were not pulled over at the scene. If they want to charge the owner of the vehicle, they'll show up at the address listed. If that happens, pay it and move on. It's the equivalent of a parking ticket. It doesn't go against your license.

- Yes, they can amend the charge.

- Demerit points in the grand scheme are rather meaningless.

- Your insurance will treat 15km and 25km the exact same.

It's up to the officers discretion.

However, your daughter is on the equivalent of driving probation. Distracted Driving is treated as a condition/restriction for novice drivers, much like a zero blood and alcohol level.

It's an automatic 30 day suspension for a first offense. This is fairly new as I believe it was enacted in the last year or two ...

Reg. 581: ACCESSIBLE PARKING FOR PERSONS WITH DISABILITIES

(2) A disabled person parking permit issued to an individual is not valid when it is displayed on a vehicle if,

(a) the vehicle is not being used to pick up or transport the holder of the permit

Getting multiple readings is common. Some officers may include all readings, most just write the highest. There's nothing abnormal about what happened.

i don't see any of the boxes ticket to see if points will be deducted.

An officer cannot deduct points. They can only reduce your charge.

Basically i know the cop was trying to meet his quota

There is no such thing.

because he stopped me a block way from where i made a right turn.

It's not exactly common that an officer will pull you ...

You don't say when you made your original request. Usually, 2 months is what your average person will probably wait for a disclosure request to be fulfilled. That being said, it doesn't always work that way. If you don't already have a copy of the notes, you'll likely receive them on your trial day. If you aren't prepared to have a trial, your case ...

O. Reg. 366/09: DISPLAY SCREENS AND HAND-HELD DEVICES


Exemption for pressing buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if the device is placed ...

Was the phone mounted?

You're hitting all the check marks for excuses that aren't defenses. "I was speeding but not that fast", "Someone else was speeding too"...

Speeding is called an absolute liability offense. You were either speeding or you weren't. There is no in between. That means you were doing 80, not 90, 95, 100, 105, etc. You will be found guilty otherwise ...

The end game is to either get it dismissed or reduced substantially. The defense I'll use is; I have a speed warning on my car set at 110MK/h and cruise control was set at 110KM/h. The officer probably targeted me, but at that instant the laser hit another car.

Speeding is an absolute liability offense. That means you were either doing the speed ...

I'm not sure if you're grasping how serious a careless driving charge is.

In terms of insurance, it's the worst of the worst. It's the equivalent of driving drunk, street racing, driving with no insurance, etc.

There's a good chance you wont be able to get regular insurance if you're convicted. You will be deemed a high risk driver and will need ...