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You weren't charged with peeling a banana. Whether or not peeling a banana is less or more dangerous is irrelevant. You were charged with Hand-held devices prohibited:

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving ...

You can't hold a handheld while on the road. What you do with it is irrelevant.

Whether you're at a red light also doesn't matter. You're still considered driving.

bobajob wrote:To be honest, if someone is on your bumper, brake, it's there fault there problem.

That's against the law and becomes your problem, not theirs.

Above the pictures, it should say amber and have a number. What does it say?

redd24 wrote:I received bad advise from a friend who's a law student. His strategy was to keep adjourning till it gets thrown out.

Also, you're a g2 driver subject to novice driver escalating sanctions. If convicted of an offense with 4 or more demerit points, you'll serve a 30 day suspension. Just something to keep in mind.

jsherk wrote:Is disobey stop sign fail to stop a SERIOUS offence?

Stop sign offenses are minor unless the sign is on a school bus.

redd24 wrote:Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that?

You've known about this ticket since February. You received your Notice of Trial in June. You sent in your disclosure request 2 weeks before your trial at the end of a Friday.

150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety AND , (a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;


150. (1) The driver of a motor vehicle may overtake and pass to ...

This goes right back to the beginning of the thread. Turn not in safety doesn't necessarily work like that. It doesn't necessarily absolve you of other drivers mistakes.

Let's pretend you were able to prove the other party made a mistake, there was no bike lane, etc. Your supposed best case scenario. It doesn't negate your own responsibility to ...

It is if there is only one lane and it can not be done safely...

Passing to right of vehicle
150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her ...

jsherk wrote:I should not of had to check that location for another vehicle that was illegally there in the first place.

It's not illegal to pass on the right.

This is both an easy question and a hard question. In this scenario, you could probably interpret the HTA to charge the driver or possibly both parties. That being said, even if the other party is charged, it doesn't negate your own responsibilities. I'd be interested in seeing other opinions, however.


I HIGHLY doubt that this guy could have ...

Speeding is an absolute liability offense. Short of travelling to an emergency room or escaping some sort of violent situation, there's no excuse for it.

No, "proving the car behind you was basically tail gating you" is not a defense. You can't argue safety by making the situation more deadly by engaging in a speeding duel.

The driver behind you ...

Im guessing the above advice by the officer is for the speeding ticket. How does this work? Should i do it? Do i get to talk with the officer before the seeing the prosecutor? what if he doesn't show, how do I explain why i'm there?

It's not up to the officer. I'm sure the officer was just trying to make it easy for you to understand without ...

In my opinion the lights were indeed amber. It's more noticeable on the left turn traffic signal, but your video is the equivalent of a bigfoot sighting.

Another tip off is the vehicle beside you looks to decelerate at approximately 3-4 seconds before the light turns red, which just happens to be the length most amber lights at set at.

If I had ...

To answer your first question, the obligation is on the witness not to lie while giving a statement. Could the officer have had separated them? I guess, but it's a fender bender where one driver had the right of way and the other didn't. It's not a crime scene investigation.

As to the second question, it's a roundabout. I'd imagine whatever ...

Is it against forum rules or illegal to ask maybe someone in LEO can check for me offline if a personalized plate is in use;

You can order a personalized plate online. You just need your Ontario license on hand. Last time I used it, it'll tell you immediately whether the plate is available or not.

Regarding stickers, you either get a refund or ...

here you go video don't lie https://www.youtube.com/watch?v=KFSbR3Pa8v4 at 0:40

It's hard to see much of anything from this video. There's this gif i've attached. Here's also a still:

http://i.imgur.com/UZEZQHh.jpg

If you've got a better video and/or the ticket, i'm sure people would like to see it. I don't think this video proves or ...

The permit is registered to your husband, not to the car and anyone driving in it. If you have medical issues of your own, you'll have to apply for your own permit. A regulated healthcare practitioner will help you in this process. Only the person who the permit is registered to can use it for accessible parking. Otherwise, you'll have to park in a ...

Then let's say he made a mistake. Isn't this completely relevant because he charged me based on this mistake?

There was no mistake. I think you misunderstood the officer. The officer said he witnessed you travel through a red and he charged you accordingly with a red light - fail to stop. He said it was red, you said you made the yellow. He said ...

I've never seen a light go straight red. In fact, the red light ticket should have an Amber code at the top of the photos indicating how long since the amber indication was given.

But if there's video of it, it would be nice to see it. Even the ticket for that matter.

It's hard to interpret your argument because you're all over the place. I can't tell if you're using the actual traffic light or you're basing whether to stop or not on the pedestrian crossing countdown clock.

Dictionary definition isn't of much importance here either. The Highway Traffic Act has its own definition section. The definition of vehicle has already been provided in this thread and outlines clearly what is and isn't considered a vehicle for the purpose of the act.


"Humans" are referred to as pedestrians throughout the act. No, they are not ...

jsherk wrote:(4) : the two charges are the same fine and same demerits but are not the same charge.

They are not the same fine, but it's neither here nor there.

2) Going frame by frame through the video, the light seemed to turn red four tenths of a second before my car appeared on the camera in the middle of the intersection (again, the lights were not very clear in the video, but this is what it looks like). It then took me about one second to finish going through the second half of the intersection, as ...

The conviction doesn't disappear after 3 years. If you pull up a three year abstract, sure, you wouldn't see it. If an officer pulls you over and asks you when the last time you were convicted of an hta offense, don't assume because it's been more than 3 years that it doesn't exist anymore. It does.

When you sign up with a new provider, they'll ...

I'd agree with pretty much everyone who gave a reply.

The conviction is on your record for life. When it shows up depends on what type of record is requested and who is looking at it.

Insurance providers use a 3 year abstract, so that's pretty much the standard. Your "serious" bracket surcharge (which is usually around 100% increase), will stick ...

If you're asking if there's some sort of bulletin on the door or a list you can check, the answer is no.

The officer could be waiting patiently in the court room or they could be somewhere in the building. Usually, it's not essential for that the officer be in the room the first little while of a scheduled court time block. So just because you don ...

I'm going to court to fight the ticket as a full G though, so will I be penalized with my insurance as a G2 driver or a G driver?

I think the answer is a bit more complicated than you were expecting. The fact that you were a G2 driver is factored into your initial rate. If they charge you a 5% surcharge for an offense, it's going to seem like ...

The guidelines are already established in the Canadian Capacity Guide for Signalized Intersections, a publication of the Canadian Institute of Transportation Engineers, then issued in the Ontario Traffic Manual.

Your study is irrelevant.