Search found 569 matches

by iFly55
Mon Oct 19, 2015 2:04 am
Forum: General Talk
Topic: New York State Speeding Offence + Suspension Question
Replies: 4
Views: 2030

Re: New York State Speeding Offence + Suspension Question

I would put some effort into making sure that things are in order. Be weary there will be an arrest warrant in the state of NY for non-payment on the speeding ticket.

Whether other states or Jersey would also detain and extradite you is also in question. This is why America is #1 in the world for incarceration. They use private publicly traded ...
by iFly55
Tue Oct 13, 2015 10:35 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 20km/hr over reduced to 15km/hr
Replies: 2
Views: 2406

Re: 20km/hr over reduced to 15km/hr

80km/hr begins sign is where the new speed limit starts; you can not accelerate or increase your speed until you pass the "begins" sign; before the sign it is a 60km/hr zone.

It does not matter where you're stopped, it matters where you were when the officer obtained your speed. You can obtain this information through disclosure requests.

1. File ...
by iFly55
Tue Oct 13, 2015 7:06 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Slowed down for a red light, but didn't stop,disclosure
Replies: 6
Views: 2811

Re: Slowed down for a red light, but didn't stop,disclosure

You'll have to look at R v. Perka & Latimer and the essential elements of a necessity defence.

However, it must be "strictly controlled and scrupulously limited." and can only be applied in the strictest of situations where true "involuntariness" is found. Three elements are required for a successful defence :

the accused must be in imminent ...
by iFly55
Mon Oct 12, 2015 9:52 pm
Forum: General Talk
Topic: By Law 406
Replies: 5
Views: 4000

Re: By Law 406

Unfortunately, this is a difficult situation because it's an "owner's expense" tow. The only thing you could fight was the ticket, and it appears you've already paid for it.

http://www.toronto.ca/legdocs/municode/1184_950.pdf

§ 950-406. Parking and standing during major snow storm conditions.

In Toronto the Municipal Code Chapter 950 deals with ...
by iFly55
Mon Oct 12, 2015 6:41 pm
Forum: General Talk
Topic: By Law 406
Replies: 5
Views: 4000

Re: By Law 406

What city were you in?
by iFly55
Sun Oct 11, 2015 12:13 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) Need Help
Replies: 12
Views: 5097

Re: Disobey Sign 182 (2) Need Help

If the officer used pacing to lay the charge, you can still ask the officer questions. Calibration sticker on the speedometer? Tire pressures? Were they set to OEM? When were they last checked?

R. v. Koumoudouros [2005] O.J. No. 5055: https://anonfiles.com/file/41c5ca1ebd22ac26222c266fc53aa600
R. v. Sibio, 2010 ONCJ 315 (CanLII): http://canlii.ca ...
by iFly55
Fri Sep 18, 2015 12:30 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: In a case that you are speeding over 30km/h, cant see sign
Replies: 6
Views: 2720

Re: In a case that you are speeding over 30km/h, cant see si

http://www.ontario.ca/laws/statute/90h08

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; ("voie publique") Rate ...
by iFly55
Mon Aug 24, 2015 2:58 am
Forum: General Talk
Topic: would you give a police escort?
Replies: 2
Views: 1513

Re: would you give a police escort?

Watched a video where Polish Police stop a speeding vehicle, and they rush the mother & child to the hospital inside their own vehicle: https://www.youtube.com/watch?v=OoxL0yRAesM
by iFly55
Fri Aug 21, 2015 11:54 pm
Forum: General Talk
Topic: Are you allowed to drove on the highway with your G2?
Replies: 2
Views: 11974

Re: Are you allowed to drove on the highway with your G2?

Yes, the issues surround who you're driving with. G2 for less than six months, you can only have one passenger under 20 years old when driving at night. G2 for more than six months, you can have up to three passengers under 20 years old.

The Nanny State, yours to discover :)

http://www.ontario.ca/laws/regulation/940340#BK0

6. (1) The holder of ...
by iFly55
Thu Aug 20, 2015 11:11 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 37856

Re: Radar Manual- No tuning forks and No tracking history

I recommend reading this decision in full; it may answer a lot of your questions.

R. v. Howse, 2012 ONCJ 517 (CanLII)
by iFly55
Thu Aug 20, 2015 3:45 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 116KM/hr in 100KM/hr seriously?
Replies: 11
Views: 3707

Re: 116KM/hr in 100KM/hr seriously?

Would be nice if you can increase the resolution on the picture.

It appears the municipality is missing? What is Tay Tiop 302?

List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html
by iFly55
Wed Aug 19, 2015 3:06 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 8849

Re: got careless driving ticket for HITTING the back of a tr

Thanks for the detailed explanation. Your insight is invaluable, always learning.
by iFly55
Tue Aug 18, 2015 5:18 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 8849

Re: got careless driving ticket for HITTING the back of a tr

Actually, the officer absolutely needs to attend. Only they can properly identify you. Without that, the prosecutor fails to meet its case. Its weird that someone would even suggest that the officer is not essential; its not possible to prove the case otherwise since it fails on the ID element.
I don't want to distribute misinformation within the ...
by iFly55
Sun Aug 16, 2015 10:36 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 8849

Re: got careless driving ticket for HITTING the back of a tr

I don't believe that either officer will have to appear to secure a Careless Driving conviction.

The crown only needs the other driver's testimony to convict you of Careless Driving. Officers' appearances would be extra, and not essential. Maybe the one that did the measurement could appear and testify to that.

Set Fine: http://www.ontariocourts ...
by iFly55
Sun Aug 16, 2015 7:05 pm
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 8849

Re: got careless driving ticket for HITTING the back of a tr

@Decatur is correct, my mistake... the amended charged would be 148(5) and not 141(5).

S148(5) carries two demerit points: http://www.ontario.ca/laws/regulation/940339

Unless the major collision bureau was involved and an accident reconstruction done following your accident, and as Decatur described they took measurements/pictures/evidence/dash ...
by iFly55
Sun Aug 16, 2015 12:51 am
Forum: Careless Driving
Topic: got careless driving ticket for HITTING the back of a truck
Replies: 22
Views: 8849

Re: got careless driving ticket for HITTING the back of a tr

Careless Driving is the go-to charge when it comes to rear-end accidents; Ontario police overcharge with careless, anticipating a plea to a lessor offence.

The error with respect to speeds is not going to make or break this case; you can contact the police station and ask that they amend/change it from 85 to 65.

The officer will not appear at ...
by iFly55
Thu Aug 13, 2015 1:35 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Stunt Driving 128 in 60 zone
Replies: 6
Views: 3330

Re: Stunt Driving 128 in 60 zone

http://www.ontario.ca/laws/statute/90h08#BK264

Stunt Driving carries an automatic 7-day driver's license suspension and 7-day vehicle impound. There are costs associated with retrieving your vehicle. After the 7-days have elapsed, it will cost $150 to have your driver's license reinstated.

+68 in a 60 zone is a pretty serious charge. For a first ...
by iFly55
Thu Aug 06, 2015 12:42 pm
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8954

Re: Disclosure Request

Busier jurisdictions due to shear volume, do not have the resources to physically mail out disclosure packages. They require that you pick it up in person; some offer e-mail.

Making a strategic decision not to receive disclosure, or not showing due diligence in trying to receive disclosure will count against you. In some cases you might be ...
by iFly55
Thu Aug 06, 2015 12:19 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: 7826

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

Correct me if i'm wrong, I've only ever seen traffic lights change to amber once the pedestrian beacon is at zero.

HTA requires drivers to stop when there is an Amber Light. How can pedestrians have another 4s to cross? Most amber lights for lower speed roadways would be 3s long.

http://www.toronto.ca/311/knowledgebase/36/101000039636.html

I ...
by iFly55
Tue Aug 04, 2015 4:35 pm
Forum: Improper left turn
Topic: Improper Left turn ticket
Replies: 4
Views: 4856

Re: Improper Left turn ticket

File the ticket for trial; when you get the notice of trial with the trial date; request disclosure.

You can find a sample form here: http://www.ontariohighwaytrafficact.com/topic2959.html

Disclosure will include a copy of the officer's notes; review his notes and you'll have a better idea of what he saw and why he charged you with S141(6); you ...
by iFly55
Tue Aug 04, 2015 3:32 pm
Forum: Improper left turn
Topic: Improper Left turn ticket
Replies: 4
Views: 4856

Re: Improper Left turn ticket

Lets say Lane 1 (furthest to the left), and Lane 4 is (furthest to the right). Which lane did you turn into first?

You actually have 210m to exit right to Ferrand Dr after turning left.

http://www.ontario.ca/laws/statute/90h08#BK228[quote]Left turn, at intersection

(6) Where a driver or operator of a vehicle intends to turn to the left into an ...
by iFly55
Thu Jul 30, 2015 5:11 pm
Forum: Bylaws Pertaining to Traffic
Topic: Got a ticket and now I am freaking out... Please help me
Replies: 6
Views: 6738

Re: Got a ticket and now I am freaking out... Please help me

I don't believe the fine is different depending on the location, it should be an $85 fine whether you're in HOV, Bus, Bike, Motorcycle Lane.

I would contact the City of Toronto by-law office to double check.

If you just want to get this over with, you can pay the ticket. By-law tickets will not affect your insurance premiums. You can even ...
by iFly55
Wed Jul 29, 2015 10:13 pm
Forum: Bylaws Pertaining to Traffic
Topic: Got a ticket and now I am freaking out... Please help me
Replies: 6
Views: 6738

Re: Got a ticket and now I am freaking out... Please help me

A few issues here, he has up to 30 days to issue you a Part I provincial offence notice ; however, he has up to six months to issue you a summons for speeding +19km/hr. Don't get these two mixed up, you're not out of the woodwork until 6 months has elapsed from when the alleged speeding offence was committed. There are members on this board that ...
by iFly55
Tue Jul 28, 2015 10:14 pm
Forum: General Talk
Topic: How to make sure my evidence is admissible in appeal court?
Replies: 7
Views: 2649

Re: How to make sure my evidence is admissible in appeal cou

It's better to keep all of your posts in one thread. The forum rules don't allow for multiple threads on the same topic: http://www.ontariohighwaytrafficact.com/topic2871.html

Regarding your recent appeal post, my recommendation is to point out that only the signs in the HTA REG 615 are official signs. You can also see the "lane designation sign ...
by iFly55
Mon Jul 20, 2015 5:31 pm
Forum: General Talk
Topic: Drive - handheld communication device
Replies: 2
Views: 2773

Re: Drive - handheld communication device

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

Go to page 12, it's generally classified as a minor conviction.

They're also adding S78.1 to one of the novice class escalating sanctions.

1st conviction = 30 day license suspension
2nd conviction = 90 day license suspeions
3rd conviction = license cancelled, re-apply for ...
by iFly55
Sun Jul 19, 2015 12:04 am
Forum: Stunt Driving
Topic: Stunt Reduced to 15 Over
Replies: 9
Views: 4425

Re: Stunt Reduced to 15 Over

This is arguably the only time I would ever recommend paying the fine. The risk of getting a summons for the full +65 in a 50 zone is way too high.

S172 Stunt Driving carries a minimum fine of $2000 up to $10,000; +65 in a 50 zone is guaranteed to have license suspension of up to 2 years; keep in mind, you could also be incarcerated for up to six ...
by iFly55
Thu Jul 16, 2015 8:52 pm
Forum: General Talk
Topic: Regarding "No Trucks" signage
Replies: 1
Views: 6931

Re: Regarding "No Trucks" signage

There's more information about this topic in another thread: http://www.ontariohighwaytrafficact.com/post34388.html
by iFly55
Thu Jul 16, 2015 2:01 am
Forum: Careless Driving
Topic: Careless Charge Dismissed but then later is Repened +Summons
Replies: 8
Views: 3945

Re: Careless Charge Dismissed but then later is Repened +Sum

1) It's irrelevant who re-opened the case; if the prosecution has evidence to secure a careless driving conviction; they will proceed.
2) The statue of limitation is 6 months from when the alleged offence was committed.
3) If you used a ticket paralegal the first time, you may want to revisit them again.

You can find more details in the ...
by iFly55
Mon Jul 13, 2015 1:37 pm
Forum: Following too closely
Topic: FTC ticket: rear-ended the lady but no damage
Replies: 24
Views: 11178

Re: FTC ticket: rear-ended the lady but no damage

The only relevant decision I was able to find was this. I would check the cited decisions in this case to help prepare your defence.

If you need any help finding full decisions not on CanLII, send me a pm and I'll send you what I can find.

Toronto (City) v. Baillie [2007] O.J. No. 2178

119 In R. v. Walsh (1960), 33 W.W.R. 91, 130 C.C.C. 201 ...
by iFly55
Sun Jul 12, 2015 1:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign 136 (1) (a) -- stopped just over the line?
Replies: 5
Views: 3070

Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l

I recommend when riding your bike, to stop behind or at the line and make sure you put at least one foot down.

Have you taken a motorcycle safety course for your M1 exit? I highly recommend it.