Search found 569 matches

by iFly55
Sat Feb 08, 2014 1:33 pm
Forum: General Talk
Topic: Regulations for motorized bicycles?
Replies: 8
Views: 43777

Re: Regulations for motorized bicycles?

Here is another article where the MTO & Waterloo Regional Police have responded http://www.therecord.com/sports-story/2564795-motorized-bike-rider-left-with-a-fine-mess/

Officials from the Ontario Ministry of Transportation and Waterloo Regional Police say theyre illegal motorized cycles. Theyre not the same as electric e-bikes, which run on ...
by iFly55
Sat Feb 08, 2014 3:58 am
Forum: General Talk
Topic: Regulations for motorized bicycles?
Replies: 8
Views: 43777

Re: Regulations for motorized bicycles?

Relevant cases

R. v. Davies, 2013 ONCJ 639 (CanLII): http://canlii.ca/t/g21vw
R. v. Ryan, 2012 BCPC 67 (CanLII): http://canlii.ca/t/fql0c
R. v. Kulbacki, 2012 ONCJ 532 (CanLII): http://canlii.ca/t/fshj3
R. v. Pizzacalla, 2013 ONCJ 31 (CanLII): http://canlii.ca/t/fvxv6
R. v. Pizzacalla, 2013 ONSC 771 (CanLII): http://canlii.ca/t/fvz2c
R. v. Luymes ...
by iFly55
Fri Feb 07, 2014 3:09 pm
Forum: Courts and Procedure
Topic: How is time spent waiting for Early Resolution counted?
Replies: 1
Views: 2054

Re: How is time spent waiting for Early Resolution counted?

I'd suggest reading Corporation (City of Mississauga) v. Lam, 2012 ONCJ 734 (CanLII): http://canlii.ca/t/ftxn2

JP Quon discussed in length how choosing option 2 affects your 11b clock.
by iFly55
Thu Feb 06, 2014 6:03 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: How did this possibly happen? Police Error!
Replies: 9
Views: 3106

Re: How did this possibly happen? Police Error!

You can post the disclosure here with sensitive information removed.
by iFly55
Thu Feb 06, 2014 5:58 pm
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 118887

Re: How to file an 11B

I have a thread here that I need help with please.

http://www.ontariohighwaytrafficact.com/post31564.html#p31564

When filing an 11B, can a cover letter be added to cite all the delays?

Also - where is the latest template for an 11B please.


Would appreciate any help please. Thanks! You should include all the delays in your sworn statement ...
by iFly55
Thu Feb 06, 2014 5:56 pm
Forum: Courts and Procedure
Topic: Traffic Tickets - Need Advise Please
Replies: 11
Views: 4413

Re: Traffic Tickets - Need Advise Please

Thanks.

Am planning to send out my request for disclosure now. Should I include a phone # or not? They gave me hell for not having it there the last time. The crown can make a big stink about this if you submit a transcript from your last appearance. As bend suggested, if you don't have a phone number, then you have no choice about it's future ...
by iFly55
Sun Feb 02, 2014 8:29 pm
Forum: General Talk
Topic: Ticketed for Checking Time on Cellphone
Replies: 4
Views: 2122

Re: Ticketed for Checking Time on Cellphone

@jayjonbeach the HTA allows for hand-held devices to be used whilst mounted to the vehicle.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK134[quote]Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in ...
by iFly55
Sun Feb 02, 2014 1:28 pm
Forum: General Talk
Topic: Two tickets need advice
Replies: 6
Views: 1977

Re: Two tickets need advice

It's in your best interest to see the crown's disclosure (officer's notes & speed-measuring device manual) prior to entering a plea of guilt. I would file both tickets for trial, and wait for a 'Notice of Trial'. Once you get a trial date, request for disclosure. See if there's any issues with the officer's notes and you can go from there.

If you ...
by iFly55
Fri Jan 31, 2014 5:53 pm
Forum: General Talk
Topic: Ticketed for Checking Time on Cellphone
Replies: 4
Views: 2122

Re: Ticketed for Checking Time on Cellphone

Even if your phone had no SIM, no cell-bars, no battery and was not operational. You'll still be convicted of S.78.1 if you were caught holding it.

Admitting to the officer you checked your phone for the time would be the nail on the coffin.

R. v. Kazemi, 2013 ONCA 585 (CanLII) [14] Road safety is best ensured by a complete prohibition on having ...
by iFly55
Wed Jan 29, 2014 9:48 pm
Forum: Improper left turn
Topic: Made a left, got rear ended ...
Replies: 21
Views: 10139

Re: Made a left, got rear ended ...

I wonder if choosing 'Early Resolution' will give the crown an opportunity to withdraw the charge, and issue a Part III Summons for the S. 139 (1) - Fail to yield offence? Especially if it's all within the 6 month statue of limitation.

One would be under the illusion that the crown would at the very least put in an iota of more effort to securing ...
by iFly55
Tue Jan 28, 2014 11:26 pm
Forum: General Talk
Topic: Interfere With Traffic Ticket - Advice Needed
Replies: 5
Views: 10547

Re: Interfere With Traffic Ticket - Advice Needed

Were you charged with HTA S.170 (12) or a municipal by-law offence?

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK248[quote]Vehicles interfering with traffic
(12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of ...
by iFly55
Mon Jan 27, 2014 8:37 pm
Forum: Parking Tickets
Topic: Wrong Infraction Number
Replies: 2
Views: 2329

Re: Wrong Infraction Number

Generally the second ticket could be cancelled, especially if it's the same parking enforcement officer. You can most likely get it sorted with the clerk at the parking ticket office. You'll have to bring receipts and evidence to support exactly what you're saying.

Worst case scenario, you'll have to schedule an early-attendance meeting and sort ...
by iFly55
Mon Jan 27, 2014 8:33 pm
Forum: Red Light Camera Ticket
Topic: First Red Light ticket
Replies: 2
Views: 4051

Re: First Red Light ticket

Red Light Ticket offences do not go on your driver's license. It goes to your vehicle, and if you fail to pay it... you'll pay $325 + admin fees when you renew your plate sticker.

It's in your best interest to choose the early-resolution and get it over with. I believe the minimum fine set out by the regulation is $200. Having said that, if you ...
by iFly55
Fri Jan 24, 2014 5:04 pm
Forum: Careless Driving
Topic: Careless driving by bumping into car backing in
Replies: 3
Views: 2439

Re: Careless driving by bumping into car backing in

If you have not received your trial date, then wait for your 'Notice of Trial' in the mail. When you receive it or if you already have a date, request disclosure. Here's a sample form you can use: http://www.ontariohighwaytrafficact.com/topic2959.html
by iFly55
Fri Jan 24, 2014 4:43 pm
Forum: General Talk
Topic: Just came back from court by myself....did I dodge a bullet?
Replies: 9
Views: 3163

Re: Just came back from court by myself....did I dodge a bul

If you are going to court to agree with the officers version of events then it is best that you plead guilty. Disclosure means you are entitled to study the officers notes about the events that transpired in relation to the charges against you before the trial takes place. The officer reads them before the trial and then paraphrases their contents ...
by iFly55
Fri Jan 24, 2014 2:14 am
Forum: General Talk
Topic: Just came back from court by myself....did I dodge a bullet?
Replies: 9
Views: 3163

Re: Just came back from court by myself....did I dodge a bul

I believe your amended charge from S.144 (9) was HTA S.144 (12) - Green light — fail to proceed as directed

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK219[quote]Green light
(12) A driver approaching a traffic control signal showing a circular green indication and facing the indication may proceed forward or turn ...
by iFly55
Fri Jan 24, 2014 1:46 am
Forum: Compulsory Automobile Insurance Act
Topic: Recalculating Premium after a minor conviction drops off
Replies: 1
Views: 2590

Re: Recalculating Premium after a minor conviction drops off

If Belair already knows about the Jul 2010 conviction and you're paying increased premiums as a result; you have nothing to lose by asking Belair directly.

If Belair doesn't know about the conviction, then you're better off staying silent because they may not run your driving abstract this year either.

BTW in your post it appears you're talking ...
by iFly55
Fri Jan 24, 2014 1:32 am
Forum: Careless Driving
Topic: Careless driving by bumping into car backing in
Replies: 3
Views: 2439

Re: Careless driving by bumping into car backing in

What exactly are your expectations? What outcome are you looking for?

You're actually better off choosing trial because it'll give you the 'no witness' card. The other driver might not show up at your trial, which may mean you'll be off scott-free.

Early Resolution Meeting will just get you a reduced charge, which you can also get at your Trial.
by iFly55
Mon Jan 20, 2014 7:57 pm
Forum: General Talk
Topic: licence plate covered in snow
Replies: 4
Views: 4405

Re: licence plate covered in snow

You also have to consider a possible insurance premium increase for having at least one minor ticket for the next three years. Including the increase, if it's still less than your travel & time-off costs, then you're better off plea-bargaining by phone (if that's an option).

The crown will most likely plea-bargain by dropping the insurance card ...
by iFly55
Sun Jan 19, 2014 8:35 pm
Forum: General Talk
Topic: licence plate covered in snow
Replies: 4
Views: 4405

Re: licence plate covered in snow

Your only option at this point is file the ticket for trial, wait for your notice of trial; once you get your trial date, request for disclosure and go from there.

The insurance card one is going to be very tricky, because you did not provide the officer with your card when he requested for it. Operator to carry insurance card
3. (1) An operator ...
by iFly55
Thu Jan 16, 2014 10:22 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Manual for Genesis VP Directional?
Replies: 14
Views: 6289

Re: Manual for Genesis VP Directional?

R. v. Howse, 2012 ONCJ 517 (CanLII): http://canlii.ca/t/fs99v

9. In cross-examination P. C. Rosa was questioned as to the tests he performed to assure himself that the radar unit was in proper operating condition when he used it to clock the Appellants speed. A copy of the radar devices operating manual was filed as exhibit 2 at the trial. In ...
by iFly55
Tue Jan 14, 2014 3:50 pm
Forum: General Talk
Topic: hand-held device
Replies: 4
Views: 3340

Re: hand-held device

@rooferrick you can also get yourself a windscreen or car-vent mount, and check out your phone all-day long.

ImageImage
by iFly55
Tue Jan 14, 2014 1:25 pm
Forum: General Talk
Topic: hand-held device
Replies: 4
Views: 3340

Re: hand-held device

There are no demerit points associated with the S.78.1 Handheld offence. You can check here http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK134[quote]Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor ...
by iFly55
Tue Jan 14, 2014 8:29 am
Forum: Parking Tickets
Topic: Parked where prohibited
Replies: 5
Views: 3398

Re: Parked where prohibited

@Lancerowner - Streetview of Burbank Dr http://goo.gl/maps/OA1LR

Burbank Dr from First Street Louth to the dead end is approximately ~200m. Within this distance there are seven no parking signs, making it abundantly clear that you can not park anywhere on that drive.

It's a stretch of road that's adjacent to a hospital, which is ripe for abuse ...
by iFly55
Sat Jan 11, 2014 1:11 pm
Forum: General Talk
Topic: Ticket mailed back one day late? Automatic conviction?
Replies: 3
Views: 1952

Re: Ticket mailed back one day late? Automatic conviction?

There is usually a grace period of about 30-days depending on the court house: http://trafficticketsolutions.ca/faq.php#ignore-ticket
by iFly55
Thu Jan 09, 2014 5:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock
Replies: 7
Views: 2985

Re: Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock

The long length of time it took to send the notice of trial will work in your favour. To request for disclosure, you need to indicate the trial date. You diligently waited for your 'Notice of Trial', which indicates that date in order to request for disclosure.

Ontario Prosecutors require 6-8 weeks to process disclosure requests, and your Dec 18th ...
by iFly55
Thu Jan 09, 2014 12:56 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock
Replies: 7
Views: 2985

Re: Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock

You may have an even stronger chance at an 11b stay if you were to get an adjournment on the 29th due to lack of disclosure. Unfortunately that would mean another ~1hr weekday trip to the courthouse.

You should review the Andrade decision prior to submitting your 11b application: R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470 (CanLII) http ...
by iFly55
Sun Dec 29, 2013 12:41 am
Forum: Careless Driving
Topic: Careless Driving due to sliding?
Replies: 4
Views: 2917

Re: Careless Driving due to sliding?

Don't worry about 'self-incrimination' w.r.t. choosing option 2 - early resolution. Not everyone goes to that meeting seeking a deal, some people along with the crown's disclosure bring compelling evidence such that the crown no longer has a reasonable prospect to pursue a conviction.

If you're charged with the red light offence, there are a few 0 ...
by iFly55
Tue Dec 17, 2013 3:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Ticket Without Speed nor Zone Limit on Offence
Replies: 2
Views: 2384

Re: Speeding Ticket Without Speed nor Zone Limit on Offence

Some angels were definitely looking out for you, this is the one time that not showing up to trial is in your favour. Sit tight and don't do anything, if you get a notice in the mail that you've been convicted and found guilty, you can then appeal with London v. Young that the Justice of Peace missed a fatal error.