Search found 569 matches

by iFly55
Sat Jul 20, 2013 7:52 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: She has take photo of my licence plate
Replies: 2
Views: 2238

Re: She has take photo of my licence plate

I've been a situation where I witnessed a car back into another car (destroying the front-end) on a residential street in Peel. The other driver floored it out of there.

I contacted non-emerg, the operator told me told me the car belonged to a house on the street and to ring them, i rang the bell to no avail. The operator also tried calling them ...
by iFly55
Tue Jul 16, 2013 11:08 pm
Forum: Failing to stop for a school bus
Topic: Was I wrong?
Replies: 1
Views: 2770

Re: Was I wrong?

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK254

HTA S. 175 (11) Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching ...
by iFly55
Tue Jul 02, 2013 6:00 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: So My Ticket Didn't Get Dismissed.... What Now?
Replies: 3
Views: 2824

Re: So My Ticket Didn't Get Dismissed.... What Now?

edit: R. v. Dixon, [1998] 1 SCR 244 - Supreme Court of Canada 55 It must be remembered that defence counsel is not entitled to assume at any point that all relevant information has been disclosed to the defence. Just as the Crown's disclosure obligations are ongoing, and persist throughout the trial process, so too does defence counsel's obligation ...
by iFly55
Tue Jul 02, 2013 5:48 pm
Forum: General Talk
Topic: Driving left of centre / lesser charge
Replies: 3
Views: 5223

Re: Driving left of centre / lesser charge

I would file it for trial with your intention to appear and fight the charges; when you receive your notice of trial, request for disclosure.

I wouldn't be too worried about upgraded charges because you chose to fight it; if it was S. 149 then the crown will most likely withdraw the charge based on both parties accounts (you + witness)

i think ...
by iFly55
Tue Jul 02, 2013 4:57 pm
Forum: General Talk
Topic: Driving left of centre / lesser charge
Replies: 3
Views: 5223

Re: Driving left of centre / lesser charge

they have 6 months from the alleged offense date to charge you with careless driving by ways of a Part 3 summons; did the officer witness you driving passed the centre line? if not, the other driver will have to appear as a witness and testify at trial

were you charged under S. 149 of the HTA? If i'm reading that section correctly, the only ...
by iFly55
Tue Jul 02, 2013 4:45 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: So My Ticket Didn't Get Dismissed.... What Now?
Replies: 3
Views: 2824

Re: So My Ticket Didn't Get Dismissed.... What Now?

i think it's great that you're changing your driving habits to drive at the limit, and you should continue to do so

1.) On the scene, the officer said he got me at 137km/h, but said he "gave me a break" and "only put 130 on the ticket" ... If the case was brought to court, would the court HAVE to amend the charge up to the highest speed recorded ...
by iFly55
Thu Jun 27, 2013 2:55 pm
Forum: General Talk
Topic: Got 2 Tickets
Replies: 5
Views: 1864

Re: Got 2 Tickets

If the improper brakes are under S. 64 of the HTA, then both tickets don't carry demerit points. Option 2: the crown will most likely drop one of the tickets and have the other ticket's fine reduced. You may have to show that you fixed the brake system through a work-order or some pictures.

If you choose to plead guilty to both or one of the ...
by iFly55
Mon Jun 17, 2013 6:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Defenses + 11b Q
Replies: 7
Views: 5449

Re: Speeding Defenses + 11b Q

just an update on what took place today at trial

so the prosecutor advises me that the delay is actually 5 months and 17 days; she said she was going introduce case-law during the motion; i asked her if i could have the by-law for the speed limit sign, i even produced the by-law information i got from the city; prosecutor says no, it's not fair ...
by iFly55
Thu May 30, 2013 10:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Defenses + 11b Q
Replies: 7
Views: 5449

Speeding Defenses + 11b Q

I want to get some help with a speeding ticket i'm fighting.

On Jun 23, 2012 I was charged with speeding 106 in an 80 zone. I filed my ticket for trial on Jun 27, 2012. Late July i received my 'notice of trial' indicating a trial date for Jan 8, 2013. On August 1, 2012 I requested for disclosure asking for:

*officer's notes, if short-form writing ...
by iFly55
Wed May 15, 2013 4:52 pm
Forum: General Talk
Topic: How to fight a cell phone ticket??
Replies: 1
Views: 5023

Re: How to fight a cell phone ticket??

You can fight the ticket, this is an usual case where I believe both officers have to appear in court. You can start the process by filing the ticket for trial and requesting disclosure once you receive your notice of trial.
by iFly55
Mon May 13, 2013 6:56 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.
Replies: 6
Views: 2612

Re: Disobey Sign 182 (2) on HWY 401. Slight errors on ticke

HTA S.128 is quite clear: you can not travel even 1kph over the posted limit, even to overtake other vehicles.
HTA S.150 - allows for vehicles to overtake on the right
HTA S.147 - slower vehicles should travel on the furthest right lane

even though pacing appears to be inferred; in the disclosure you received, does it say what your speed was and ...
by iFly55
Fri May 10, 2013 10:28 am
Forum: Courts and Procedure
Topic: No disclosure for cell phone ticket GTA
Replies: 4
Views: 3106

Re: No disclosure for cell phone ticket GTA

You have an opportunity to go the 11b route; it appears it has been 12 months since your offense.

bend has already noted, you will have to convince the JP you did not receive your notice of trial by mail; you exercised due diligence by calling the courts and learning of the date and immediately requested for disclosure

you received it at trial ...
by iFly55
Sat Apr 27, 2013 2:00 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket
Replies: 15
Views: 6978

Re: Speeding ticket

Even if his radar evidence were to get dismissed, the officer could testify that you admitted to speeding 50 in a 40; the courts are only concerned with whether you were traveling faster than the posted limit even by +1kph... how much faster is simply a matter of fines/demerit-points

http://www.ontariohighwaytrafficact.com/topic1965.html regarding ...
by iFly55
Tue Apr 16, 2013 12:16 pm
Forum: Courts and Procedure
Topic: New options on back of tickets
Replies: 19
Views: 11692

Re: New options on back of tickets

Corporation (City of Mississauga) v. Lam, 2012 ONCJ 734 (CanLII)
http://canlii.ca/t/ftxn2

It appears that when you select Option 2 - "First Attendance Meeting" after receiving your offence notice, it will be considered as a neutral delay for your 11b time calculations; it could also be considered an implicit waiver of the delay.
by iFly55
Mon Dec 24, 2012 1:52 pm
Forum: Courts and Procedure
Topic: "Orange & Black" Speed Limits are unenforceable
Replies: 3
Views: 3544

"Orange & Black" Speed Limits are unenforceable

Durham (Regional Municipality) v. Snowden, 2012 ONCJ 676 (CanLII)
http://canlii.ca/t/ftjsp[quote]52. The court therefore finds that while the orange and black temporary or advisory speed limit signs to be unenforceable. Given the white regulatory speed limit signs with black lettering which are enforceable were covered at the time of the alleged ...