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The driver of a car should've been charged because he cut off a person on a sidewalk and his action caused an accident.

What would be the charge to the motorist?

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general ...

Gully, well written! Only one sentence that irks me out of both letters, but not going there!

Gully and Law should both get together, Gully has the explanations and Law can stick handle thru the legal jumble!

Cheers
Bear

gully...the links don't work

Cops have the discretion to make decisions. Their decisions do not have to be correct.

Agreed and that is why there is court. While at scene, decisions have to be made quickly and sometimes in split seconds. It is always easier to go back and ponder the situation from the comfort of home and with all the time you want.

Post a poll on this ...

Just lost another 30 seconds of my life reading BS about quoting acts blah blah blah.

The courts do not accept fines that are not on their lists even thou it is printed in the HTA. We tried specifically that a few years ago when the fine per km was changed, issuing the speed fines as indicated in the HTA. Guess how far that got? our ink was not ...

Hwybear: You have a good point with the glove box check. I am sure that many people would drive away without taking the time to check this out, and to be honest I don't remember checking either. I might not have handed him the insurance policy but the rental agreement at the time. Do you think that the charge would be dropped if I can prove that ...

I deal with rentals almost daily. Many a driver do not even check the glove box to ensure the permit(ownership) and valid insurance is in the vehicle prior to leaving. A rental agreement is not the permit and not proof of insurance.

I have dealt with a majority of rental companies and they all have said that they want their insurance wrote down on ...

Welcome...

think you need a new avatar...

checked out the links and now need a new smilie...
(head spinning)

ok, where's the answer from our expert in this area??

So, if an officer wants to drive the limit in the left lane of a 4-series highway, I'll be the first one to call his supervisor with a need for a charge of public mischief.

Public Mischief is misleading a police officer in an investigation.

We also been put under the microscope on our driving. A vast majority of us have changed our ways on ...

4-series highways, 20 over in the left lane is normal.

That is NOT normal in the area I patrol. I just finished 4 shifts (2 days, 2 nights). I think I stopped 10-15 in that time (48hrs) traveling greater than 20 above the speed limit. I had A LOT of sitting and waiting, even on nights sitting in the centre median in darkness....and NO, my eyes ...

Reflections wrote:What time of day did this occur??

That could have implications on the outcome. i.e. riding at night without lights etc.

Or without reflective tape 2.5cm wide by 25cm long on the front and rear forks of the bicycle!

Where could I find this by-law? You don't. The prosecutor has to file the by-law in court. They should release it to you when you request disclosure. DO NOT REQUEST THE BY-LAW!!! If you do, they'll give it to you. Instead, request disclosure and when they forget to give it to you and try to file it in court, argue improper disclosure.

Why do ...

Reflections wrote:

I think every officer in my office would stop someone that passes a marked patrol vehicle.

Even if the officer was doing 10 over the PSL in the left lane??????

Do not see how/what the difference is if the cruiser is in whatever lane.

it is 30cm per 100m....431m is approx 1.3m wide
(400 = 1.2 and 500 = 1.5, take 1/3 of 100 about 33m give one 1.3m)

The drivers testing in Ontario is a joke and like my friend says" It's not you I worry about, it's the other guy".
Got that right!

So what do the rest of the officers at your detachment think is fair??? We have black and white ...

I generally allow up to 20 over.
Is this the case for all officers?????
Not at all. I gave my reasoning for how I use my discretion, I believe it is fair. I also do not drive my personal vehicle OR cruiser outside my own tolerance. Exception while working for priority calls and to catch a violator.

We are all taught the same
We are all taught ...

Just interesting facts here. Got from the Michigan State Police from cruiser testing.
Average braking distance to a complete stop for
100km/hr (60mph) = 42m (140ft)
Takes an average of 8m/sec (27ft/sec) to slow down.
Therefore takes 5.25sec to come to a complete stop from 100km/hr.
Other info"
100km/hr = 28 metre travel per sec
80km/hr = 22 metre ...

Section 144 provides fines for certain offences under ss. 144. See s. 144(31.2) and (31.3) for example.

Section 144(9) is not an offence where s. 144 provides for a set fine.

Bear posted a link to regulations that have set fines. However, only the The Lieutenant Governor in Council can make regulations under s. 144.

The Lieutenant Governor ...

, and yet there is no "one" style or thought pattern that is taught to all. Why?????????
We are all taught the same, but then it goes back to officer discretion of when to stop someone, when to issue and offence or not.

I have my own style and reasons for it.
I generally allow up to 20 over. This allows someones speedometer to be off by 10km/hr ...

This won't come as a surprise to most here ;) but I think we should have abolished the "complete stop" element of traffic law a long time ago. Many European countries prefer a "yield" type system and it makes sense.

Funny you mention such a thing...........our area of the 401 is being rebuild in the next 5 years and asked if anyone in our office ...

BelSlySTi wrote:I must say "The Man" is thorough

Now is it written wrong? or is it confusing and not clear is the question? I think you are refering to the Law being"The Man" when the way it looks is that the Law is "The Men".... sheesh....think a politician, law writer came up with that one.

Section 15(2) of the Charter expressly states;

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical ...

European countries are removing ALL traffic signs and allowing people to police themselves. It has reduced accidents because you must now be aware of what your doing instead of relying on signs to control you.

Shared space is a term used to describe an approach to the design, management and maintenance of public spaces which reduces the adverse ...

Are you saying that you were stopped say 35over and others were at 15over, that your ticket should have been for 20over and not 35 over?

Interesting concept, but what IF another vehicle was then at 20under and your still 35over.....this then makes you a....hmmm....calculator...55 over...how do I say this......doh... STUNT DRIVER :lol:

I ...

The HTA is a complete mess. Many offences are duplicated, conflict, poorly written, ambiguous, unconstitutional and/or unenforceable. The HTA could be half the size it currently is. This would make it more understandable to both citizen and cop. This way, it would become bulletproof and the charges cops lay would stick like glue, which is the ...

Same15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The cops abuse this provision as a money ...

It does not show any directional arrows when I used the Bookm Google Map Friend OR when I used mapquest.

I tried another site called multimap. It shows the northbound one way traffic arrows on Emily Street.

Sure is weird to see a stop sign if you are going the wrong way on a one way!

IFor a full reference of the OHTA please refer to the forum 'Rules of the Road'.

Wish a couple users would keep this in mind.....tired of threads being jumbled up, lengthened with complete pastings of HTA sections when they are already well laid out on this site as you mentioned! Complete copy/pasting leads to lack of discussion and is very very ...

viper1 wrote:What is the definition off a 1-way street.

I almost fell off my chair.....unbelievable, mind boggling.

From Bookm....google friend "A one-way street is a street on which vehicles should only move in one direction."