Relevant case-law states that the requirement for testing times is up to the presiding trial justice (justice of peace). So a JP can be satisfied that the officer tested the device before and after his shift without testing times.
You can read more about testing times here: http://www.ontariohighwaytrafficact.com/topic1909-15.html#p30553
You can ...
Search found 569 matches
- Tue Sep 09, 2014 10:46 pm
- Forum: Courts and Procedure
- Topic: Help with officer's notes
- Replies: 4
- Views: 3305
- Mon Sep 08, 2014 6:47 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 3511
Re: Confused about something
Your adjournment only accounts for a one month delay. I don't think you understand how 11b time calculations are done, you should review R. v. Andrade: http://www.canlii.org/en/on/oncj/doc/2011/2011oncj470/2011oncj470.html
From what you described the officer has another opportunity to appear for your next trial. Just like how you requested an ...
From what you described the officer has another opportunity to appear for your next trial. Just like how you requested an ...
- Mon Sep 08, 2014 2:23 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 3511
Re: Confused about something
Rough Timeline
Received Ticket: Nov 2013
1st Trial: Aug 2014
2nd Trial: Sep 2014
3rd Trial: ????
You're at-fault for the time between the 2nd and 1st trial. But the rest is the crown's fault. I would consider an 11b application.
Prosecutor will always plea-bargain in order to avoid a lengthy trial.
Received Ticket: Nov 2013
1st Trial: Aug 2014
2nd Trial: Sep 2014
3rd Trial: ????
You're at-fault for the time between the 2nd and 1st trial. But the rest is the crown's fault. I would consider an 11b application.
Prosecutor will always plea-bargain in order to avoid a lengthy trial.
- Sun Sep 07, 2014 8:45 pm
- Forum: Parking Tickets
- Topic: Just paid for a parking ticket and I was no where near ...
- Replies: 4
- Views: 3212
Re: Just paid for a parking ticket and I was no where near .
I would try calling the residents at 38 Trefann St: http://www.canada411.ca/res/4165198410/G-Nigh/205767067.html
Tell them you received a ticket in front on their property, and if they know what happened.
To receive this type of ticket, the property owner would have contacted parking enforcement. So if you can't get information from the city, you ...
Tell them you received a ticket in front on their property, and if they know what happened.
To receive this type of ticket, the property owner would have contacted parking enforcement. So if you can't get information from the city, you ...
- Fri Sep 05, 2014 9:27 pm
- Forum: Stunt Driving
- Topic: 147 in 90 zone - first offence - probable outcome?
- Replies: 5
- Views: 3947
Re: 147 in 90 zone - first offence - probable outcome?
No, I would not be worried about incarceration. If you're getting representation, they will most likely plea-bargain the charge from S172 to +49km/h under S128 of the HTA.
- Thu Sep 04, 2014 5:41 pm
- Forum: Improper left turn
- Topic: Turning Left Using Centre Lanes on 5 lane Roads
- Replies: 5
- Views: 5558
Re: Turning Left Using Centre Lanes on 5 lane Roads
Again, take a look at the fault determination rules. It seems that if a collision does occur you will not be found at-fault. Having said that, you should exercise a lot of caution when using the centre lane.
Vehicles should never block intersections/driveways/entrances/exits, especially because you never know when emergency vehicles need to enter ...
Vehicles should never block intersections/driveways/entrances/exits, especially because you never know when emergency vehicles need to enter ...
- Thu Sep 04, 2014 2:08 pm
- Forum: Improper left turn
- Topic: Turning Left Using Centre Lanes on 5 lane Roads
- Replies: 5
- Views: 5558
Re: Turning Left Using Centre Lanes on 5 lane Roads
What's the name of the side street? Maybe using Streetview will help us better visualize this intersection.
You can also look at fault determination rules and see if your scenario is there: http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
You can also look at fault determination rules and see if your scenario is there: http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
- Wed Sep 03, 2014 6:07 pm
- Forum: Courts and Procedure
- Topic: Ticket with Wrong Surname
- Replies: 1
- Views: 1526
Re: Ticket with Wrong Surname
Unfortunately, those are not fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html
Request disclosure: officer's notes & copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic1965.html
Request disclosure: officer's notes & copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic1965.html
- Tue Sep 02, 2014 9:21 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Help reading officer notes
- Replies: 3
- Views: 2485
Re: Help reading officer notes
He's asking you irrelevant questions, so you might as well answer those in the hopes he might let you off with a warning. Although it's always advisable not to talk to police; because they're human and w/e you say can be misinterpreted in a court of law; in this case he already has all the essential elements to get a conviction; he already knows ...
- Fri Aug 29, 2014 3:09 pm
- Forum: General Talk
- Topic: Motorcycle got ticket and towed
- Replies: 3
- Views: 1644
- Thu Aug 28, 2014 11:37 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: 107 km/hr in a 80 km/hr zone
- Replies: 4
- Views: 2327
Re: 107 km/hr in a 80 km/hr zone
Keep in mind that case-law states that the requirement for testing times is up to the presiding trial justice (justice of peace). So a JP can be satisfied that the officer tested the device before and after his shift without testing times.
You can read more about testing times here: http://www.ontariohighwaytrafficact.com/topic1909-15.html#p30553 ...
You can read more about testing times here: http://www.ontariohighwaytrafficact.com/topic1909-15.html#p30553 ...
- Wed Aug 27, 2014 4:32 pm
- Forum: Improper passing
- Topic: No ticket yet but need lots of help!!
- Replies: 9
- Views: 3967
Re: No ticket yet but need lots of help!!
I do not have collision on my truck so in others words I guess I'm pretty screwed in this case? Damages for the other parties are still covered under your insurance policy up to your max. liability (usually $1 million); Collision coverage is only for your truck. So if you get into an at-fault accident, your insurance company will not repair your ...
- Fri Aug 22, 2014 3:05 pm
- Forum: Traffic Offences Outside Ontario
- Topic: ticket for unlocked car door
- Replies: 7
- Views: 7738
Re: ticket for unlocked car door
That $172 is only going to increase, it'll be in your best interest to pay it out. There will be an arrest warrant for you in Quebec. So if law enforcement run your id or driver's license you'll be arrested, taken to jail and put in front of a french judge... at which point you'll either pay the fine + admin charges or setup a payment program ...
- Fri Aug 22, 2014 1:18 am
- Forum: Driver failing to wear a seat belt
- Topic: How to approach this not wearing a seatbelt ticket in court
- Replies: 1
- Views: 4587
Re: How to approach this not wearing a seatbelt ticket in co
I was looking at the strategies on ticketcombat.com and amateurishly concluded that my best defence is the due diligence approach. Physically drained + the surprise of seeing a friend + the surprise of the pool offering + the known proximity of his house led me to just get in my car and drive. That combined with my clean record in my 8 years prior ...
- Thu Aug 21, 2014 5:39 pm
- Forum: Improper left turn
- Topic: Turn not in Safty 142(2)
- Replies: 2
- Views: 4722
Re: Turn not in Safty 142(2)
Unfortunately, it's going to be your word against his at this point... it may ultimately be 50/50 or 100% your fault.
Fault determination rules suggests both drivers can be at fault here. The other driver when facing an amber light must come to a complete stop. From your observation the vehicle came to a complete stop. The vehicle made a right ...
Fault determination rules suggests both drivers can be at fault here. The other driver when facing an amber light must come to a complete stop. From your observation the vehicle came to a complete stop. The vehicle made a right ...