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Fellow Members

Few reminders for the season

http://www.in.gov/indot/images/icesnow_logo2.jpg



http://www.occid.org/arrivealive/images/choose/2008.jpg


Few thoughts for the season.........

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http://www.terbaru2011.com/wp-content/uploads ...

I just completed an refresher training course on driving this past week. The instructor has been teaching for well over 15yrs and is the lead instructor, he has been all over North America. It was interesting to control a car in snow/ice/paved conditions. We reviewed collisions, collision avoidance etc.

The most interesting part was about the ...

Why seize the phone? It is different from SMWD and open liquor (where both are prohibited inside a vehicle)
Anyway, it is no different than a seatbelt infraction.....Either see the belt on or off......or see the phone being used or not. Gather evidence accordingly.

The fine would be $110 and 3 demerit points.

Usually it would be logical to check the address on the licence....if it is in between the closed road sign, would think you would not receive an offence notice. If don't live inside that area you are certainly deserving of the offence notice.

I have heard (not confirmed) that any ticket of that nature ...

- Off-duty officer can still charge people
- once the person is charged, has court date, ask for disclosure
- disclosure will show what evidence there is to support the charge
- decide on that evidence if person is going to plead guilty or not guilty
- person can then post back on this thread to see if any other members have any helpful suggestions ...

KEEP ON SAME THREAD - post moved from another topic
HB
HTA Moderator
You can request disclosure after you have filed your notice of intention to appear. As part of your disclosure request you should indicate next date for your court appearance (you may also wait until you receive a notice of trial and request it then).

How do you request ...

RadarIdentified wrote:However, the following are some examples of places that are NOT designated bilingual areas:
Regional Municipality of York (Markham, Richmond Hill, Vaughan, Stouffville, Newmarket, Aurora, etc)

Neely2005 wrote: What are my chances of fighting this under this Bilingual Defence

Richmond Hill is not designated a bilingual area

Original post copied to proper area for "disobey signs"
HB
HTA Moderator

One of the most frequent tickets we get asked about on this forum is "Disobey Sign" of some sort. In many parts of Ontario, if the sign is not bilingual, there is a possibility that it may be challenged as invalid. This is because of O.Reg 615 (which sets the standard for ...

I've got a few more questions. English isn't my first language, should i ask for an interpreter? maybe i might not get one at the trial, ask for dismissal (delays, etc)
Would having a French trial be in anyway more advantageous? Do the prosecutors know both languages? How about Toronto Police?
Are they allowed to speak in English at a French ...

It is about time we bring back photo radar........like this video below. Only thing have it mobile. I think it could work. Change it so that owner can fight this offence either. Love this one, cuz I'd be makin some coin!!

[youtube]http://www.youtube.com/watch?v=iynzHWwJXaA[/youtube]

#1 - honda van driving in closed area
#7 - 2 more driving in closed area
#8 -last SUV (Lincoln) had blown red light, green arrow for opposite direction, I can give benefit to lead vehicle and/or taxi waiting for light to turn being forward of a stop line
#10 - clearly shows traffic in right lane (closest to pylons) MUST turn right

Reflections wrote:So you were doing what the Mercedes is doing in pic 6, from the top......
All the lane markings are dashed right to the intersection......
I might have given the officer a donut for that one.....

I just added in numbers on the photos - make it easier!!

Reflections wrote:why was your Ontario licence suspended?
Or just not renewed?

If the ON DL (Driver's Licence) is expired or not renewed, a valid QC DL will suffice. In this instance the QC DL is valid, but the previous ON DL was suspended, which then The ON DL takes precedence over the QC DL.

. And yes I filed an appeal in Brampton.
How was the first trial done in error?

I don't live there so trying to figure the signs out even with google maps and your pics. So if I see them correctly CMV are not supposed to enter the QEW from Dixie Rd at all?
Looking at the North Service Road and South Service Roads they both appear residential ...

take all photos to court.....clearly shows the sign "right lane exits", 2 legal signs indicating right lane to turn right and pavement right hand arrow.

The orange arrow merger is not a legal sign to obey.

Jeremy,

Here is a topic of previous discussion http://www.ontariohighwaytrafficact.com/topic2572.html
The subject has gone both ways (legal and illegal)

Here is the sections of the HTA
Use of seat belt assembly by passenger
106 (3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,
(a) occupy a ...

If the ON plate was registered by the MTO to be on the vehicle and the QC plate was on the vehicle = Using a plate (QC) not authorized for vehicle.

yhu221300 wrote:My question is: are those forms are valid or not? do I have to appear before the Ontario Court of Justice on the given date shown on the forms?

Reading the back of the form will tell you the answer.

Failing to attend court on date shown on the summons could result in an Arrest Warrant being issued.

The definition of an accident is found in the Motor Vehicle Accident Report instruction manual issued by the MTO.
the MTO manual does not have to be complied with as it is a guideline only and not written laws.....would be similiar that a car manual tells the driver to wear a seatbelt, not enforceable by the manufacturer, good idea to wear one ...

I would ask for disclosure now that you have a actual court date.

The 2 previous request without a court date, quite possibly they would look up your name for court and nothing scheduled, therefore confused to as why it was being asked for OR If it was forward to the officer for disclosure with no court date, only necessary to provide disclosure ...

btwilliger wrote:?

Yes, I realise it is 'nothing special', that's why I said it is 'customary'..

sorry bt...had only seen being "used in my case"

Sly_wolf wrote: For what its worth, I will also have an affidavit from my wife and stepson to support my claim.

Never seen that allowed in any traffic or even criminal court when that has been tried. They want the person present to give testimony and allows for cross-examination by crown.

. It is quite customary for the crown to ask for a certified copy of the suspension letter, and they are doing so in my case.
It is not just your case, the certified copy of MTO documents is used for everyone, whether it be unpaid fines/demerit points/child support/unlicenced, expired plates, use plates not authorized etc ....so nothing special ...

Hwybear, thank you. So, what you posted means that a road building machine is a motor vehicle under the HTA and therefore has to have a permit and display license plates in order to travel on a highway.
.

That is not correct. I will break out the definition a little bit here....

" motor vehicle "
INCLUDES
-an automobile,
- a motorcycle ...

But that's the whole point, I'm practicing regaining control after unintentionally skidding. I guess it would make for an interesting court case?[/qoute]

If its more than once, it is no longer unintentional action and is deliberate and intentional.

Eitherway, I've since found a nice open space at the end of an old back-country road which ...

The sign didn't have any Mon-Fri timed restriction, i don't know how i can go about fighting this. If i bring my GPS or show them pictures of my GPS showing a left turn at Bathurst from Lakeshore E/B?

Unfortunately, no. This will not get you out of a ticket. No matter what the GPS tells you to do, you still have to obey all signs. .

Reminds of ...

call your local court and ask about a payment plan. To what I have heard is if you set one up, they will notify the MTO to reinstate the licence, but fail to pay and the court will notify MTO again and back to square one. Now since you haven't paid anything, not sure how that will work. Doesn't hurt to give the court a call and ask.

The rate (per km over ) used is NOT what is printed in the HTA. The rate per km over is found at "Ontario Court Of Justice - Set Fines, Highway Traffic Act" to which your speed is calculated at $6 per km over.

HTA Definitions Sec 1
" road-building machine " means a self-propelled vehicle of a design commonly used in the construction or maintenance of highways, including but not limited to,
(a) asphalt spreaders, concrete paving or finishing machines, motor graders, rollers, tractor-dozers and motor scrapers,
(b) tracked and wheeled tractors of all kinds ...

Criminal Code offence of "Dangerous Driving" could apply in the parking lot.

guess the key here is intent, if you're turning on snow/ice and the car skids how can anyone prove that it was intentional

A unintentional driver would take their foot off the gas, vehicle momentum would slow down and the driver could regain control.