Search found 569 matches

by iFly55
Sat Feb 28, 2015 11:38 am
Forum: Failing to yield the right-of-way
Topic: Please help find who's fault is this (dash cam video)
Replies: 43
Views: 16477

Re: Please help find who's fault is this (dash cam video)

@highwaystar thank you for your input into this discussion, it's been very helpful.

I thought they only used the Superior Courts (judge/jury) if one of the parties intended to "tort" sue the other for loss/damages (health, work, psych etc); isn't the threshold $30,000?

The damage at most to each vehicle appears to be <$3000.

Or do the ...
by iFly55
Thu Feb 26, 2015 8:15 pm
Forum: Failing to yield the right-of-way
Topic: Please help find who's fault is this (dash cam video)
Replies: 43
Views: 16477

Re: Please help find who's fault is this (dash cam video)

This is an interesting topic

Can someone point me to the exact sections of the HTA & Fault Determination Rules that discuss yielding right of way at a traffic signal controlled intersection? What section of the HTA is the OP guilty of?

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK250[quote]Vehicles interfering ...
by iFly55
Tue Feb 24, 2015 5:59 pm
Forum: Compulsory Automobile Insurance Act
Topic: question on insurance
Replies: 3
Views: 3096

Re: question on insurance

edit: listen to highwaystar
by iFly55
Fri Feb 20, 2015 1:49 pm
Forum: Parking Tickets
Topic: Parking in Disabled zone (No Standing)
Replies: 4
Views: 4442

Re: Parking in Disabled zone (No Standing)

Don't forget to check the guidelines for submitting photographs: http://www.ontariohighwaytrafficact.com/topic1765.html
by iFly55
Thu Feb 19, 2015 11:41 pm
Forum: Careless Driving
Topic: How long does it typically go to trial in Toronto?
Replies: 7
Views: 7673

Re: How long does it typically go to trial in Toronto?

What do you mean by "will be required"? Are there consequences if he does not come? From what I've been reading online and what the officer told me, the other party usually doesn't come to court as there is no incentive for them to come. This results in the charge being dropped. Rather than copy/paste posts from other threads, i'll just leave ...
by iFly55
Thu Feb 19, 2015 1:26 pm
Forum: General Talk
Topic: How do you obtain information about speed trap statistics?
Replies: 12
Views: 4557

Re: How do you obtain information about speed trap statistic

http://www.ontariohighwaytrafficact.com/topic4448.html#p25821 some more information on aircraft enforcement.

Here's a Google Maps measurement of the white painted lines they use for air/speed enforcement around Cobourg. It was measured to be ~500m: https://www.google.com/maps/d/edit?mid=zKLJCn0uRDwE.kKWnphiuRJsg

If my math is right 149km/h over ...
by iFly55
Tue Feb 17, 2015 1:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 103 in a 60; first ticket; need your advice.
Replies: 11
Views: 4441

Re: 103 in a 60; first ticket; need your advice.

The two tickets can not be separated, this question has been asked before: http://www.ontariohighwaytrafficact.com ... tml#p25457
by iFly55
Fri Feb 13, 2015 2:40 am
Forum: Courts and Procedure
Topic: It is hopeless to fight a ticket at Ontario Traffic court
Replies: 8
Views: 5059

Re: It is hopeless to fight a ticket at Ontario Traffic cour

Guidelines for submitting photographs: http://www.ontariohighwaytrafficact.com/topic1765.html

You should just invest in a cheap HD dashcam instead; if mounted correctly... it will show that you made a complete stop behind the white stop line. If you presented that to the prosecutor, charges would immediately get withdrawn. With a decent setup, you ...
by iFly55
Fri Feb 13, 2015 2:23 am
Forum: Improper left turn
Topic: How to prove other driver disobeyed a sign (182.2) in Reg615
Replies: 13
Views: 5949

Re: How to prove other driver disobeyed a sign (182.2) in Re

Can you provide us a Google Streetview Link or give us more details on where this intersection is and what exactly you did?

Is this what happened?

Image
by iFly55
Thu Feb 12, 2015 8:21 pm
Forum: Careless Driving
Topic: Incorrect info on Accident Report. Can case be thrown out?
Replies: 2
Views: 2042

Re: Incorrect info on Accident Report. Can case be thrown ou

If you choose to go to trial; the accident report will not be used to convict you. The officer will subpoena the other driver. That driver will be the crown witness and will testify under oath as to the details of the accident.

The license plate discrepancy recorded on the MVAR has nothing to do with the charge.

If the other driver shows up to ...
by iFly55
Wed Feb 11, 2015 1:47 pm
Forum: Prohibited turns
Topic: 182 (2) Disobey Sign - Help
Replies: 15
Views: 9017

Re: 182 (2) Disobey Sign - Help

From what I read, I simply have to ask for the stay, walk the court through my documents, what I asked for and when. However, I would assume that the prosecutors will not take too kindly to giving up on trying to win and may have some tactics to present me with disclosure on the spot and set a new court date? Do I require any case law to prove ...
by iFly55
Tue Feb 10, 2015 4:22 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 133kph on an 80 highway (53kph over)
Replies: 8
Views: 4818

Re: Speeding 133kph on an 80 highway (53kph over)

It's in your best interest to book your G road test at the earliest availability and become fully licensed in order to avoid a [future] DL suspension, if you're convicted [again] . Tired eyes, i meant to write this. It also looks better when you're trying to cut a deal.

The suspension is based on the offence date and the class of license at the ...
by iFly55
Tue Feb 10, 2015 2:06 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 133kph on an 80 highway (53kph over)
Replies: 8
Views: 4818

Re: Speeding 133kph on an 80 highway (53kph over)

That is incorrect, if he gets an HTA conviction that carries +4 demerit points his license will get suspended. In my earlier post, I gave you two links: first was from the MTO, the second was the legislation that supports it.

The situation you're discussing is if he has multiple HTA convictions that carry less than 4 demerit points.

Example:

3 ...
by iFly55
Mon Feb 09, 2015 10:06 pm
Forum: General Talk
Topic: Driving while Holding Handheld Device - do I have a defense?
Replies: 1
Views: 2777

Re: Driving while Holding Handheld Device - do I have a defe

R. v. Pizzurro, 2013 ONCA 584 (CanLII)
R. v. Kazemi, 2013 ONCA 585 (CanLII) [14] Road safety is best ensured by a complete prohibition on having a cell phone in ones hand at all while driving. A complete prohibition also best focuses a drivers undivided attention on driving. It eliminates any risk of the driver being distracted by the ...
by iFly55
Mon Feb 09, 2015 9:45 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Speeding 133kph on an 80 highway (53kph over)
Replies: 8
Views: 4818

Re: Speeding 133kph on an 80 highway (53kph over)

Also keep in mind that +49, +53 or Stunt Driving all carry four or more demerit points; you will receive an automatic 30-day driver's license suspension on your novice class G2 license; it's part of the novice driver's escalation sanctions.

It's in your best interest to book your G road test at the earliest availability and become fully licensed ...
by iFly55
Sun Feb 08, 2015 2:51 pm
Forum: General Talk
Topic: Can I use a bicycle trailer as a motorcycle trailer?
Replies: 1
Views: 2548

Re: Can I use a bicycle trailer as a motorcycle trailer?

Keep in mind most insurance providers ask whether you'll be using your motorcycle to tow a trailer. A lot of them will not insure you if you do choose to tow a trailer.

So you should review your policy, because in the event you need to make a claim or there is a claim against you; your insurance doesn't deny you coverage.
by iFly55
Sat Feb 07, 2015 10:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail to Stop (But it was definitely Amber!)
Replies: 17
Views: 7827

Re: Red Light - Fail to Stop (But it was definitely Amber!)

Generally they will give you all the time that you need to review the footage. You're not watching a feature film, the alleged offence will take place within a couple of seconds. You're most likely just going to view it and take notes. Some jurisdictions give you a USB key or a CD with the video on it, and give you instructions on how to play it ...
by iFly55
Thu Feb 05, 2015 1:08 am
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 9678

Re: Ticketed in a slow trafic

No, your copy must be signed. If you have doubts, you can choose the trial option and give yourself more time to research fatal errors.

Here are some things I found doing a quick search, there's a lot more out there:

R. v. Robson [2005] O.J. No. 1826 (Ontario Superior Court of Justice)

The signature is the "certification", the act that ...
by iFly55
Tue Feb 03, 2015 11:40 pm
Forum: General Talk
Topic: Question regarding debris
Replies: 7
Views: 3643

Re: Question regarding debris

You could get a surprise "State of Claim" from a third-party up to two years after the date of loss.
by iFly55
Tue Feb 03, 2015 10:17 am
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 9678

Re: Ticketed in a slow trafic

A lot of threads in this forum discussing forced-fatal error. Here is a recent one: http://www.ontariohighwaytrafficact.com/post34462.html

I don't think an officer would intentionally forget to write his signature. A verbal warning would have been much more effective.
by iFly55
Mon Feb 02, 2015 7:47 pm
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 9678

Re: Ticketed in a slow trafic

Unfortunately, no.

However, here are a list of fatal errors that could get you off the hook: http://www.ontariohighwaytrafficact.com/topic1965.html
by iFly55
Thu Jan 29, 2015 4:23 pm
Forum: Careless Driving
Topic: After accident, the police gave me a Careless Driving ticket
Replies: 28
Views: 13955

Re: After accident, the police gave me a Careless Driving ti

Normally, with these simple minor-accident ticket trials, the officer will not be present; he didn't witness the accident, and does not really have anything to contribute other than the information recorded in the motor vehicle accident report.

The other driver or nearby witnesses will be subpoenaed to your trial date and give evidence as crown ...
by iFly55
Thu Jan 29, 2015 2:27 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Trial
Replies: 2
Views: 2694

Re: Red Light Camera Trial

Failing to stop for a red light is an absolute liability offence. The courts are only interested in whether you stopped or not. Why you failed to stop, is not an essential element.

Enforceable signs in Ontario have to visible 60m away in the direction of travel. I believe the red light camera signs are merely a courtesy, I don't see anything in ...
by iFly55
Thu Jan 29, 2015 10:59 am
Forum: General Talk
Topic: Question regarding debris
Replies: 7
Views: 3643

Re: Question regarding debris

Lets say a tire just came flying off a truck and hit your car, then the truck is responsible. But if the tire is stationary, then it's your fault; it's the equivalent of hitting traffic pylons, stopped construction/police vehicles.

It's your responsibility to avoid stationary hazards.
by iFly55
Tue Jan 27, 2015 9:42 pm
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 9678

Re: Ticketed in a slow trafic

Once you get your 'Notice of Trial', and have your Trial Date... you can request disclosure; sample form: http://www.ontariohighwaytrafficact.com/topic2959.html

Crown will give you the same plea-bargain/deal at an early attendance meeting vs. trial date. No, it will not close the door.

You mean guilty with explanation vs. being found guilty at ...
by iFly55
Tue Jan 27, 2015 8:19 pm
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 9678

Re: Ticketed in a slow trafic

Choose the trial option; once you get your 'Notice of Trial' with the trial date, you can request disclosure and get the officer's notes.

Without the officer's notes, we'll be unnecessarily speculating.
by iFly55
Wed Jan 14, 2015 7:26 pm
Forum: Failing to obey signs
Topic: Section 182 (2) Disobey Sign
Replies: 8
Views: 10218

Re: Section 182 (2) Disobey Sign

The crown is guaranteed going to find an amended zero point charge. Especially if the alleged offence took place inside or near a traffic-signal controlled intersection, then they have a slew of zero point charges available to them.

Example

S144 (12) - Green light — fail to proceed as directed
S144 (10) Disobey lane light
by iFly55
Tue Jan 13, 2015 1:34 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Halton Hills - Need Advice.
Replies: 15
Views: 9616

Re: Red Light Camera Ticket - Halton Hills - Need Advice.

If the light was red for 17s, then you most likely weren't paying attention or you're one of those drivers that lead light? I see people edge into to the intersection against a red in anticipation for a green.
by iFly55
Mon Jan 12, 2015 8:59 pm
Forum: Bylaws Pertaining to Traffic
Topic: Is this an offense?
Replies: 5
Views: 3704

Re: Is this an offense?

Fault Determination Rules covers this very specific situation.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

(3) If automobile "A" is turning, either to the right or to the left, in order to enter a side road, private road or driveway, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per ...
by iFly55
Fri Jan 09, 2015 2:44 pm
Forum: General Talk
Topic: Parking ticket after having moved car
Replies: 4
Views: 1819

Re: Parking ticket after having moved car

Where did you receive the ticket?