Search found 22 matches

by davec
Mon Nov 29, 2010 11:37 am
Forum: Improper left turn
Topic: right of way turning left
Replies: 4
Views: 16982

Re: right of way turning left


Thanks. Of course someone should fix the drivers handbook as it is apparently misleading.

Dave
by davec
Mon Nov 29, 2010 9:10 am
Forum: Improper left turn
Topic: right of way turning left
Replies: 4
Views: 16982

Re: right of way turning left

That's an easy one - Driver A has the right of way.
There was another thread specifically on this, I will try to find it.

I would appreciate the link to the other thread. I'm also curious how this is "easy" there is no direction in the HTA as to right of way in this situation. In fact I can't even find anything that specifies the right of way ...
by davec
Mon Nov 29, 2010 6:18 am
Forum: Improper left turn
Topic: right of way turning left
Replies: 4
Views: 16982

right of way turning left

I'm sure this has been asked, but I did search for right of way and couldn't find anything

Who has the right of way at an intersection with a two way stop sign.

Person A going south turning left arrives at intersection first
Person B going north going straight through intersection arrives after Person A

I've always thought person B has the ...
by davec
Fri Nov 19, 2010 2:47 pm
Forum: Compulsory Automobile Insurance Act
Topic: what is the offence for failure to produce insurance etc
Replies: 1
Views: 2725

what is the offence for failure to produce insurance etc

Hi,

I can't find the actual section that deals with this ?

Dave
by davec
Thu Nov 18, 2010 6:51 pm
Forum: General Talk
Topic: Driving is a right actually should say travelling is a right
Replies: 0
Views: 1298

Driving is a right actually should say travelling is a right

Has this been discussed before

Rather interesting points of law.

Dave

****************************
LINK removed by HTA Moderator Team

This issue has been addressed before and anarchy is not supported by this site.

THREAD LOCKED
by davec
Wed Apr 28, 2010 3:10 pm
Forum: General Talk
Topic: Evidence required for seatbelt conviction
Replies: 11
Views: 4002

Re: Evidence required for seatbelt conviction

Officer was a no show charges withdrawn.

I think this is more common now that we have all these agents. Agents deal with most of the cases, and when they do they negotiate. Of course now that I think about it, it's in their best interest to negotiate. If they embarass the prosecutor their future negotiations will be prejudiced. So it would be rare ...
by davec
Mon Apr 26, 2010 7:33 am
Forum: Courts and Procedure
Topic: What if I know the JP personally, is he required to recuse ?
Replies: 2
Views: 1800

What if I know the JP personally, is he required to recuse ?

It is possible that I know the JP. Does he have to recuse himself ?

What is the procedure ?

Dave
by davec
Sat Apr 24, 2010 9:41 am
Forum: General Talk
Topic: Evidence required for seatbelt conviction
Replies: 11
Views: 4002

Re: Evidence required for seatbelt conviction



The officer did not see something... "no use of a seatbelt".

So this is considered evidence ? There are so many things he does not see. I would think evidence would be he saw the seatbelt unlatched.

I rarely have the seatbelt unlatched as evidence as that is not easy to see. It is way easier to explain that no portion of the seat belt ...
by davec
Fri Apr 23, 2010 8:09 pm
Forum: General Talk
Topic: Evidence required for seatbelt conviction
Replies: 11
Views: 4002

Re: Evidence required for seatbelt conviction

That is unless he saw him not wearing his seatbelt on the road as STOPPED him in the driveway..

ops

He alleges that he did not see the seatbelt about 1km away from our driveway. He followed my son to our driveway. Did not pull him over, rather once my son had parked he pulled up to the curb by our driveway. At this point I would think there is ...
by davec
Fri Apr 23, 2010 8:05 pm
Forum: General Talk
Topic: Evidence required for seatbelt conviction
Replies: 11
Views: 4002

Re: Evidence required for seatbelt conviction

Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?

The officer did not see something... "no use of a seatbelt".

So this is considered evidence ? There are so many things he does not see. I would think ...
by davec
Fri Apr 23, 2010 11:40 am
Forum: General Talk
Topic: Evidence required for seatbelt conviction
Replies: 11
Views: 4002

Re: Evidence required for seatbelt conviction

I have disclosure, no mention of seeing the seatbelt latch. Looked at that site, going with officers ability to see. As it turns out the officer "pulled him over" in our driveway so no reason to have his seatbelt on there.
by davec
Fri Apr 23, 2010 9:01 am
Forum: General Talk
Topic: Evidence required for seatbelt conviction
Replies: 11
Views: 4002

Evidence required for seatbelt conviction

My son was charged with failure to wear seatbelt.

The officer observed him driving by from about 20 meters away. Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?

Dave
by davec
Thu Feb 18, 2010 3:19 pm
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 27078

Re: Disclosure request content

dave, I recommend that you NOT use their form. It usually does not allow you to ask for what you really want and need. They cannot force you to use their form.

Disclosure requests are usually sent to prosecution (not court) as they are responsible for the disclosure. Ticketcombat.ca has a good example of a disclosure request letter (edit for ...
by davec
Wed Feb 17, 2010 3:49 pm
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 27078

Re: Disclosure request content

I just went to the courthouse in Orangeville and presented the request for disclosure to the clerk. I was told I had to use their form and send the request to another address which is the prosecutors office. I am planning on mailing it, but should I send it to the court, or the prosecutors office ?
by davec
Mon Dec 07, 2009 3:00 pm
Forum: General Talk
Topic: How important is the location of the offence
Replies: 4
Views: 1839

How important is the location of the offence

If the offense (failure to wear seatbelt) occurred 1km away from where the ticket says it did. Is that relevant ?

The officer observed me without my seatbelt at an intersection, I then put it on and he followed me to my house (1km away) and wrote the ticket with the offense occurring on my street.

Dave
by davec
Fri Sep 11, 2009 11:05 am
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 14470

Re: Defective Braking System: $110

From Stats Canada - they are couple years behind

2006
2889 traffic fatalities = 83 % http://www.tc.gc.ca/roadsafety/tp/tp3322/2006/page1.htm

606 Homicides = 17 %
http://www40.statcan.gc.ca/l01/cst01/legal12a-eng.htm

Fatalities by road type ... as of 2003 http://www.ccmta.ca/english/pdf/collision_stats_03_e.pdf

Urban 936 ( defined by ...
by davec
Fri Sep 11, 2009 8:39 am
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 14470

Re: Defective Braking System: $110

From Stats Canada - they are couple years behind

2006
2889 traffic fatalities = 83 % http://www.tc.gc.ca/roadsafety/tp/tp3322/2006/page1.htm

606 Homicides = 17 %
http://www40.statcan.gc.ca/l01/cst01/legal12a-eng.htm

Fatalities by road type ... as of 2003 http://www.ccmta.ca/english/pdf/collision_stats_03_e.pdf

Urban 936 ( defined by ...
by davec
Fri Sep 11, 2009 7:17 am
Forum: Speed Traps
Topic: real time speed traps
Replies: 0
Views: 2986

real time speed traps

check out trapster.com
by davec
Thu Sep 10, 2009 8:15 am
Forum: General Talk
Topic: Defective brakes does the owner of the vehicle get the ticke
Replies: 4
Views: 1872

Defective brakes does the owner of the vehicle get the ticke

My son just got a ticket for defective brakes. He was driving a vehicle owned by me.

Shouldn't the owner of the vehicle be responsible for the car's fitness ?
by davec
Thu Sep 10, 2009 7:07 am
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 14470

Re: Defective Braking System: $110


Traffic collisions cause more deaths per year in Canada than crime.
OPP stats: for 2008
16 homicides
208 deaths in traffic collisions
Would you not want the area with the highest deaths getting the most attention?

This is an interesting statistic, however it's fairly biased. .

How can actual deaths in the same allotted time frame be biased ...
by davec
Thu Sep 10, 2009 6:31 am
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 14470

Re: Defective Braking System: $110


Traffic collisions cause more deaths per year in Canada than crime.
OPP stats: for 2008
16 homicides
208 deaths in traffic collisions
Would you not want the area with the highest deaths getting the most attention?

This is an interesting statistic, however it's fairly biased. I would bet that most tickets are given out in the areas where the ...
by davec
Wed Sep 09, 2009 9:40 pm
Forum: General Talk
Topic: Defective Braking System: $110
Replies: 36
Views: 14470

Re: Defective Braking System: $110

Who gets the ticket ? My son was given a ticket for defective brakes but it wasn't his car ?