Ontario Highway Traffic Act

Fault Determination Rules
ON Regulation 668

https://www.ontario.ca/laws/regulation/900668[quote]Rules for Automobiles Travelling in the Same Direction in Adjacent Lane

(4) If the incident occurs when automobile "B" is changing lanes, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the ...

York (Regional Municipality) v. Chair [2015] O.J. No. 6489 The following judgment was delivered by

1 THE COURT:-- The parties acknowledge that the law as stated in R. v. Bigioni, [1988] O.J. No. 2220 stands. We agree. Nothing in the subsequent case law should be taken as diminishing that authority.
2 In this case, there was evidence that the ...

I agree with jsherk, if the lidar manual says to test before and after then that should be presented to the JP. If the JP does not accept that, on appeal that would be a win.

The problem is that lidar manuals in north america do not say to test before and after. They only indicate a "before" test.

I helped a friend with a +49 where the officer did not do a lidar test after his shift. OPP 407 detachment do not do lidar tests after, and the newmarket prosecutor had no problems with this. We ultimately took a plea-deal for S182(2) disobey sign in order to avoid trial.

The prosecution argues that there is a difference between lidar and radar ...

OP = original post or poster

Yes, OP will only be convicted of one charge; crown will be seeking a guilty conviction on S172 and not S128. Does stunt driving require the same proof as speeding? Meaning does crown have to prove the speed using say radar or pacing? Or is it more based on the opinion testimony of officer that they were just driving ...

For charges like this, the crown will not offer a plea-deal with the OP; they will proceed straight to trial and request for maximum fines, suspension and sentences. Crown will make an example out of you; OP needs some form of representation to avoid a trial or minimize the damage at sentencing.

+77kph under S172 Stunt Driving
$2,000 to $10,000 ...

Unless you were speeding in a 80 zone, you would basically be providing the courts evidence that you were actually speeding +40 in a 40kph construction zone.

Out of court fine for 80 in a 60 zone (3 demerit points)
Set Fine: $3.75 x 20kph = $75
Victim Surcharge: $15
Court Fee: $5
Total Fine: $95

Guilty conviction at trial for 80 in a 40 ...

More importantly, how he was parked does not affect the outcome of any stop-sign charges he laid that day.

I recently had a similar discussion, where someone advised me the officer was parked in front of a fire hydrant while doing speed enforcement. Cool story bro?

I've yet to hear of anyone getting charged for speeding based on the RLC reading. That would essentially make it a photo-radar, which would set off a firestorm.

Unfortunately, I don't really see how you'll be getting out of this. You were speeding +21kph over the posted limit, and failed to stop for the amber and red light.

Arguing, that stopping ...

You've hit the nail on the head here. Even if this was an HTA offence, you still have to show how the delay has "prejudiced" you.

There is no way around answering that all important question during the pre-trial motion.

Read: R. v. Cassimatis [2010] http://ticketcombat.com/parking/R_v_Cassimatis.pdf

Some more info here: http://ticketcombat.com ...

Sample disclosure request form: http://www.ontariohighwaytrafficact.com/topic2959.html

All you can ask for are the officer's notes and a copy of the manual for his radar gun.

On a related note, when I took my m2 exit safety course, the MTO certified instructors advised me to use my highbeams during the daytime. Also when I purchased my bike at the dealer, they also advised me the same.

Was this during the Pan Am Games? Where did you get stopped?

I don't know of any King Hwy that has a 3 person minimum.

This is unfortunately the wrong way of going about fighting this ticket. The courts will absolutely shut you down the moment you ramble on about quotas.

You can not get information on charges given to other drivers because that violates their privacy. The outcome of their charges has no relevance to your case.

Stop Sign charges are difficult to ...

http://assets.ibc.ca/Documents/Brochures/Ontario-Auto-Insurance-FAQ-ON.pdf

Insurance companies have three categories: minor, major and serious. Dirty plate would be under the minor category and can still increase your rates. Speeding +49km/hr and driving with dirty plate could still be under the "minor category". They don't set different premiums ...