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please add what specific section is on the offence notice......this will help other users to reply appropriately

moved below post to keep on topic

myticket wrote:Hi,

Finally I have ordered a transcript for the trail. But I just received a Fax for Notice of time and place for Appeal Court.

I want to adjorn the appeal Court date until I received my transcript. What is the procedure for that. Can someone please help me.

Thanks

Brentman88 wrote:I got charged for no insurance. and invalid licence plates. Cop pulled me over for no reason.

Checking the plates and seeing they were invalid is a very good reason for a stop.

akarimov wrote:Here is my problem. I got two tickets
1. Driving without insurance slip ($120)
2. Fail to have 2 license plates ($120).

this must not be from Ontario as those are not proper fine amounts for the offence you listed

Radar Identified wrote: A good example of a reliable external test is where the police drive down the road, turn the radar on and compare the results versus their calibrated speedometer. That's done for devices that are installed in the police cruiser... why not an external test for a hand-held?

Lidar does have the external test.

however, if I can find a legit case law of use...I will bring it to all your attention, maybe with flashing lights

this post was attached to unrelated thread, moved here...by moderator

I got charged for no insurance. and invalid licence plates. Cop pulled me over for no reason. I couldnt show insurance, so he private towed me at a fee.
Said dont worry about it.

At that time (Aug.19) could he pull me over for no reason? I didnt get charged for a driving ...

hwybear: the specific radar gun is not important.

absolutely it is important....if the unit does not exist using case law of a non-existent unit is redundant. How would one test a unit that does not exist? can't be done!

anyway,
I understand where you are attempting to go on this.

I would humbly suggest that every vehicle on the highway ...

IMHO - lots of holes in that case anyway without siting any case law that is actually out-dated as cases since then reversed those decisions. A "Lidar LTI-20 radar" gun does not even exist is the first thing that jumps right out. Testing was not explained properly.

someone will pick that up with his approval and make a hit!!

and the music video with the pants on the ground.....well as long as its Dallas Cowboy Cheerleaders

Reflections wrote:

hwybear wrote:

radar bill wrote: No manual was included. I have been researching and see that this unit comes with tuning forks. When are they to be used? .

You have found the American version not Canadian.

I would say they all come with the forks bear, just you don't need them.

No tuning forks come with the units and no where in the manual does it mention them....

camper66 wrote:Is it reasonable to suggest that given all the factors, that the officer could have lost track of the vehicle and if so would that not be reasonable doubt?

How would an officer lose track of a vehicle if it catches up to the cruiser and pulls in behind, pulls in behind 2 vehicles back or passes the cruiser?

It is not an HTA violation.

I would guess it would go on your licence and onto your driving abstract, but don't have a clue. I have never seen it on a driving abstract

The back of the offence notice should list where the court is and that is where the JP will be for the "guilty with an explanation" plea, if that is your intended route.

radar bill wrote: No manual was included. I have been researching and see that this unit comes with tuning forks. When are they to be used? .

You have found the American version not Canadian.

every court I have ever been in...is always the same way

- paralegals
- guilty pleas
- trials with paralegals
- trials

There is case law at appeal level indicating that raising the speed back to original clocked speed is acceptable.

. The reason the charge was withdrawn was the the officer did not show! Perhaps he was embarrassed that he did not comply with the disclosure request or the crown delayed so aggregiously that he was instructed to stay away.

If it is like most of us, court is scheduled on our working day for fiscal responsibility and not paying OT. One can not ...

Hey hwybear.

I'm not sure what to infer from your reply. is sarcasm included ? :).

not sarcasm, I will rephrase. Everytime I have seen a JP give a closing summation in a trial, the JP usually says something similiar to: the officer observed a vehicle at a high speed, confirmed with radar and further confirmed with the vehicle catching up and/or ...

1) does anyone have case law or information on lidar errors with regards to determining the speed of a motorcycle?

Depends on the make/model. You'll see some stuff on YouTube about sweep/panning error and "slip effect," but many LIDAR devices used by police in Ontario are built to eliminate those errors. The ones used by the OPP will not produce ...

the rear radar enforcement is one of the easiest to do, the JP's love this mode the best as vehicles "catch" the patrol vehicle. The officer will never lose sight of the target vehicle either.

Imagooddriver wrote:My husband consulted one of those traffic ticket paralegals and without looking at the paperwork, has told him it is an automatic 6 month license suspension and 1000.00 fine. Is this true for a first offense?

For conviction of driving under suspension (1st offence) =
- $1000 to $5000 fine
- further 6 month licence suspension

Then the officer is not notified and you win your trial for a no show

how cut and dry are these types of cases? should i expect an automatic conviction, or will it depend on the skills of my attorney?

IMHO either a person is suspended when they are stopped or not. I can not recall ever losing a drive under suspension case. However, having said that, speak with your attorney as he/she might know of something that ...

i got caught driving while suspended and was given a notice of suspension to appear in court in a month. my 90 suspension is up in 40 days. will i be able to reinstate at that time pending a trial for the driving while suspended charge?
The pending trial has no affect on reinstatement. You should be able to go to the MTO in 40 days and have your ...

Speeding millionaire fined $290,000

By THE ASSOCIATED PRESS

ST. GALLEN, Switzerland (AP) — A Swiss court has slapped a wealthy speeder with a chalet-sized fine — a full $290,000.

Judges at the cantonal court in St. Gallen, in eastern Switzerland, based the record-breaking fine on the speeders estimated wealth of over $20 million.

A statement ...

Radar Identified wrote:(Initially I'd thought you were an Alberta resident who got tagged in Ontario.) .

The give away was the $287 fine

If this is an Alberta offence as your location states, this is not quite the proper area. Alberta will have its own traffic act, different wordings, different procedures etc.

RCMP are sworn in across Canada and have authority across the country. Any officer in Ontario has authority only for the province, unless fresh pursuit across a border or ...

I find it very easy to prove.

There isn't a written script that they'll follow, every stop is different. There are general procedures and officer safety considerations that they should adhere to. That said, opening the door without first telling the driver is a bit odd...

Opening the door is not as odd as you think. With CMV's and larger pickups we check the manufacturer ...

now if the truck passengers/cargo is under 4500kg im good to hook a trailer that is under 2800kg gvwr(with full load on it) and i will have no issues as long as the trailer is safetied ,which it is now.
correct...as long as the trailer "gross weight" in not over 2800kgs.


now i also have a commercial trailer that i use for work with all my ...