Search found 569 matches

by iFly55
Wed May 16, 2018 9:09 pm
Forum: General Talk
Topic: Region of York v. McGuigan is this unconstitutional?
Replies: 4
Views: 2758

Re: Region of York v. McGuigan is this unconstitutional?

If a full copy is available at the office of the prosecutor. You can schedule an appointment to review it and take notes.

It really depends on which court house you get. Some e-mail you a PDF of the entire manual.

Most will give you the relevant pages for the testing, which the officer will provide evidence for.
by iFly55
Wed May 16, 2018 9:04 pm
Forum: Hand-held devices
Topic: Hand- held device ticket- help
Replies: 8
Views: 5806

Re: Hand- held device ticket- help

As long as the device is securely mounted, the regulation allows you to touch the screen in order to make or end a call.

The problem is that the police who can be a car-lengths away, looking through your tinted windows can not discern what exactly is happening on your screen.

You can always argue in court, that you touched the screen to cancel ...
by iFly55
Tue Apr 03, 2018 7:01 pm
Forum: Hand-held devices
Topic: Hand Held Communication Device Court date tomorrow 04/04
Replies: 4
Views: 4468

Re: Hand Held Communication Device Court date tomorrow 04/04

Set Fine: $400
Victim Surcharge: $85
Court Fee: $5
Total Fee: $490

HTA says that the penalty on conviction is from $300 to $1000 (maximum). So there's a possibility of the fine to be lowered below the OcJ "out of court fine" displayed on your Part I Offense Notice.

REG 366/09 Display Screens & Hand Held Devices: https://www.ontario.ca/laws ...
by iFly55
Fri Dec 22, 2017 5:43 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got a ticket for "Improper Use of High Occupancy Lane
Replies: 5
Views: 7325

Re: Got a ticket for "Improper Use of High Occupancy Lane

HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.

Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.

Read the regulation and educate yourself ...
by iFly55
Fri Jul 21, 2017 8:36 pm
Forum: General Talk
Topic: Should I file 11b again? am I being tricked?
Replies: 1
Views: 2262

Re: Should I file 11b again? am I being tricked?

Question 1

How much does this ticket actually cost you? Will a +10km/h or +19km/h conviction on your driving record increase your insurance premiums? How much will you be paying in additional premiums over the next 3 years? You'll have to compare the opportunity cost between 11b transcripts + your time in court + preparations/research and ...
by iFly55
Sat Jul 08, 2017 9:09 am
Forum: Improper driving when road is divided into lanes
Topic: Ticket while merging onto Highway
Replies: 16
Views: 10241

Re: Ticket while merging onto Highway

You also have another option, choose trial so that you know the exact date the JP will make their decision. You can follow up with the courts shortly after your scheduled trial date.
by iFly55
Thu Jul 06, 2017 5:50 pm
Forum: Hand-held devices
Topic: Meeting with the prosecutor tomorrow, need help ASAP!
Replies: 11
Views: 4241

Re: Meeting with the prosecutor tomorrow, need help ASAP!

@screeech check REG 340/94

https://www.ontario.ca/laws/regulation/940340

Novice Licence Conditions

9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:

1. The novice driver is convicted of any of the offences described in ...
by iFly55
Sun Jul 02, 2017 2:12 pm
Forum: Hand-held devices
Topic: Meeting with the prosecutor tomorrow, need help ASAP!
Replies: 11
Views: 4241

Re: Meeting with the prosecutor tomorrow, need help ASAP!

@Son_Jay92 the prosecutor has no power over the demerit points. There are no alternate charges under the HTA for 'Drive with hand-held', their hands are essentially tied.

https://www.ontario.ca/laws/regulation/940339

HTA S78.1 carries 3 demerit points and if you're a novice class driver (G1 or G2) it's an automatic 30-day license suspension on ...
by iFly55
Sun Jul 02, 2017 2:08 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 16137

Re: Advice on 78.1(1) Handheld Communication Device Ticket

I'm beginning to see where OP is going with this. A lot of modern vehicles today come standard with built-in hands-free features, you simply connect the phone via bluetooth to the vehicle.

Now comes the question as to where do you have to place the actual phone. All that the HTA states is that "the device is placed securely in or mounted to the ...
by iFly55
Tue May 23, 2017 9:07 pm
Forum: Hand-held devices
Topic: Risk to get an elevated fine if failed in the trail?
Replies: 3
Views: 2624

Re: Risk to get an elevated fine if failed in the trail?

If you received a ticket, it is a Part 1 Provincial Offence Notice; the crown can only fine you up to a maximum of $1000. https://www.ontario.ca/laws/statute/90p33#BK15

I can't find a maximum fine for Part III Summons, for Stunt Driving they say $10,000 so it might be unlimited.

If it's your first offense, you will most likely get the minimum ...
by iFly55
Wed Apr 05, 2017 2:15 am
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 11452

Re: got pulled over on a bridge bus lane in Ottawa

You need to read REG 620/05 High Occupancy Vehicle Lanes: https://www.ontario.ca/laws/regulation/050620

HTA S154.1 ONLY applies to small sections of Hwy 403, 404, 417 and QEW with regulatory HOV-lanes. During the Pan-Am Games they made temporary amendments to the law in order to enforce HOV-lanes.

I do not understand why LEOs in ON write HTA ...
by iFly55
Sat Jan 28, 2017 2:43 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Playing my dash cam video in court (link attached) and chanc
Replies: 4
Views: 2848

Re: Playing my dash cam video in court (link attached) and c

So not the most accurate means of measuring, but your average speed between the "yellow truck entrance sign" and "black & white centre lane only" sign was about ~92km/hr.

62.6m and it took you 2.44s, this has a lot of error because the distance was measured using Google Earth and a stop watch along with your video playing.

It wouldn't be outside ...
by iFly55
Mon Nov 21, 2016 3:31 pm
Forum: Failing to obey signs
Topic: Disobey Sign - 182(2) tonight in this snowy weather
Replies: 5
Views: 3279

Re: Disobey Sign - 182(2) tonight in this snowy weather

Jul 2016 Streetview: https://goo.gl/maps/fXEiGFWLuRP2

Was the sign covered in snow?

It appears you've already been given a break; you disobeyed the sign in a "Community Safety Zone". Sections of O'Connor Dr are CSZ: https://goo.gl/maps/exGoq9eTkVA2

Set Fine: $120
Victim Surcharge: $25
Court Fee: $5
Total Fine: $150

The crown will know you were ...
by iFly55
Tue Sep 27, 2016 4:55 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 8467

Re: Plugging My Cell Phone in at Stop Light

Read these two short decisions in full to better understand how HTA S78.1 "Drive – hand-held communication device" is being interpreted in ON courts today.

R. v. Pizzurro, 2013 ONCA 584
http://canlii.ca/t/g0qn3

R. v. Kazemi, 2013 ONCA 585
http://canlii.ca/t/g0qn4

It may be in your best interest to invest in a windshield or car-vent clip type ...