Search found 1722 matches
- Fri Oct 21, 2016 2:28 pm
- Forum: General Talk
- Topic: metal detector or xray machine at entrance to court (markham
- Replies: 4
- Views: 2362
Re: metal detector or xray machine at entrance to court (mar
Best thing would be to just ask them if its an xray machine when you get there.
- Fri Oct 21, 2016 2:24 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding 49km/h over
- Replies: 10
- Views: 3800
Re: Speeding 49km/h over
If you take it trial and LOSE then they can raise the speed back up to the highest speed that the officer testifies. So he if says 140, then it would be SPEEDING 60 OVER. I do not think they can change it back to STUNT, but I am not sure so somebody else had better confirm how that works.
- Fri Oct 21, 2016 2:21 pm
- Forum: General Talk
- Topic: Insecure load - open for discussion
- Replies: 33
- Views: 17548
Re: Insecure load - open for discussion
Good info!
- Fri Oct 21, 2016 2:20 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 49 over in a fifty
- Replies: 18
- Views: 5003
Re: 49 over in a fifty
Yes there are going to be issues with three people testifying about speed which is why I suggested a 50/50 chance of it working. What they say and how they say it will be important to the JP's decision. If it was just the driver testifying himself then the chances are pretty much 0 that JP will believe driver over officer. Add a couple more ...
- Fri Oct 21, 2016 10:46 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 49 over in a fifty
- Replies: 18
- Views: 5003
Re: 49 over in a fifty
If you and your witnesses take the stand and testify you were only going 65 in a 50, I honestly do not know how it will turn out for you. It is up to the JP... with three of you testifying the same thing, the JP might believe you all over the officer. But the JP might also say she thinks the three of you are all colluding and go with the officers ...
- Thu Oct 20, 2016 8:38 pm
- Forum: Driving or operating a vehicle on a closed road
- Topic: Local Traffic Only - Road Closed
- Replies: 15
- Views: 18723
- Thu Oct 20, 2016 8:32 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 49 over in a fifty
- Replies: 18
- Views: 5003
Re: 49 over in a fifty
I pretty much agree with everything you are saying.
The test button on the radar does NOT send or receive a beam form the antenna. It only verifies the internal electronics. So really it does not actually test that the unit is functioning properly at all.
I have a Diploma in Electronics Engineering Technology so I think I am going to start some ...
The test button on the radar does NOT send or receive a beam form the antenna. It only verifies the internal electronics. So really it does not actually test that the unit is functioning properly at all.
I have a Diploma in Electronics Engineering Technology so I think I am going to start some ...
- Thu Oct 20, 2016 3:48 pm
- Forum: Stunt Driving
- Topic: STUNT DRIVING CHARGE - NEED ADVICE
- Replies: 13
- Views: 10542
Re: STUNT DRIVING CHARGE - NEED ADVICE
So the biggest negative you have is that the speeding 55 over would cause you to have super high insurance rates for the next three years. If you are not going to have your own insurance, then I guess it does not matter. The insurance would be the biggest concern that I would have with pleading guilty, so in this case you probably did the right ...
- Thu Oct 20, 2016 3:43 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
They do not think they need to provide them, so most likely you wont get them.
But I am still working on those anyways... just had a motion to try and get those but was denied by JP. My next step will be Charter challenge at the next trial date. Then hopefully onto Appeal court at some point to try and get a Judge to agree they need to be released.
But I am still working on those anyways... just had a motion to try and get those but was denied by JP. My next step will be Charter challenge at the next trial date. Then hopefully onto Appeal court at some point to try and get a Judge to agree they need to be released.
- Thu Oct 20, 2016 1:48 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Going 83km/h in 50km/h zone
- Replies: 14
- Views: 5506
Re: Going 83km/h in 50km/h zone
Call the provincial offences office and ask for the status.
- Thu Oct 20, 2016 10:30 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 49 over in a fifty
- Replies: 18
- Views: 5003
Re: 49 over in a fifty
Do his notes say you were doing 107 in a 50 (57 over) but he dropped it to 49 over?
The key of course is to bring doubt to the accuracy of the radar device. Do you have the money to hire an expert witness to testify on your behalf? If you do, PM so we can talk more about it. If you do not, then your opinion (although correct) will not be ...
The key of course is to bring doubt to the accuracy of the radar device. Do you have the money to hire an expert witness to testify on your behalf? If you do, PM so we can talk more about it. If you do not, then your opinion (although correct) will not be ...
- Thu Oct 20, 2016 10:24 am
- Forum: General Talk
- Topic: RADAR- Bringing doubt to accuracy of device
- Replies: 2
- Views: 2253
RADAR- Bringing doubt to accuracy of device
If you can bring doubt to the accuracy of the radar or lidar device the officer used in a speeding ticket, then you can probably get the radar evidence thrown out and beat the ticket.
There are two ways to do this:
(1) Bring your own expert witness to testify for you. Very expensive!
(2) Cross-examine the officer with questions that bring doubt to ...
There are two ways to do this:
(1) Bring your own expert witness to testify for you. Very expensive!
(2) Cross-examine the officer with questions that bring doubt to ...
- Wed Oct 19, 2016 9:25 am
- Forum: Exceeding the speed limit by 50 km/h or more
- Topic: 144 km/h in an 80 (Hwy 6 in Guelph)
- Replies: 3
- Views: 3826
Re: 144 km/h in an 80 (Hwy 6 in Guelph)
So your court date tomorrow is NOT your trial. It is a summons date. You will have the following options:
(1) Plead guilty to the charge and be done with it (highly NOT recommended).
(2) Plead guilty to a plea deal charge that is offered to you by prosecutor. If they offer you 49 over speeding, then this is probably your best option.
(3) Tell them ...
(1) Plead guilty to the charge and be done with it (highly NOT recommended).
(2) Plead guilty to a plea deal charge that is offered to you by prosecutor. If they offer you 49 over speeding, then this is probably your best option.
(3) Tell them ...
- Tue Oct 18, 2016 7:21 pm
- Forum: Driving or operating a vehicle on a closed road
- Topic: Local Traffic Only - Road Closed
- Replies: 15
- Views: 18723
Re: Local Traffic Only - Road Closed
In that particular subsection it is saying that it is the OFFICER that needs to post OR cause to be posted OR place OR cause to be placed.
I am not saying he has to do them all, but for the purpose of subsection 3, I would argue that he does. Especially since the title of section 134 is "Direction of traffic by police officer".
Anyways, you can ...
I am not saying he has to do them all, but for the purpose of subsection 3, I would argue that he does. Especially since the title of section 134 is "Direction of traffic by police officer".
Anyways, you can ...
- Tue Oct 18, 2016 6:25 pm
- Forum: Driving or operating a vehicle on a closed road
- Topic: Local Traffic Only - Road Closed
- Replies: 15
- Views: 18723
Re: Local Traffic Only - Road Closed
Subsection (2) says that the sign must be posted by the police officer ... This does not look like a sign that the police officer posted, but one posted by the construction company doing the work on the road.
It clearly doesn't say that.
I think it does...
Highway closing
134(2) For the purposes of subsection (1), a police officer may close a ...
It clearly doesn't say that.
I think it does...
Highway closing
134(2) For the purposes of subsection (1), a police officer may close a ...
- Tue Oct 18, 2016 1:10 pm
- Forum: Driving or operating a vehicle on a closed road
- Topic: Local Traffic Only - Road Closed
- Replies: 15
- Views: 18723
Re: Local Traffic Only - Road Closed
I would plead not guilty and request a trial with the officer present. Once you get your notice of trial, request disclosure (copy of officers notes) so you know what he will say. Then show up on your trial date (with your pictures) and talk to the prosecutor before the trial starts and tell him all the following:
First, it does say road closed ...
First, it does say road closed ...
- Mon Oct 17, 2016 3:48 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
A lot of case law is available here for free:
http://canlii.org
http://canlii.org
- Sun Oct 16, 2016 3:14 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
Thats is not a good argument in my opinion.
Speeding is a specific number above the posted speed limit (lets use 120 in a 100). So the officers opinion that you were doing 120 does not cut it.
However you are facing a disobey sign charge. So now the officer's opinion is not about a specific speed, but just that you were going faster than the ...
Speeding is a specific number above the posted speed limit (lets use 120 in a 100). So the officers opinion that you were doing 120 does not cut it.
However you are facing a disobey sign charge. So now the officer's opinion is not about a specific speed, but just that you were going faster than the ...
- Fri Oct 14, 2016 9:20 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
If the officer says the speedometer matched the radar in the car, then they need to prove the radar was calibrated. Of course they do this by saying they followed the manufacturers instructions, which say press the test button and then check to see if the speed on radar matches the speedometer.
They test the radar by checking it with speedometer ...
They test the radar by checking it with speedometer ...
- Fri Oct 14, 2016 9:10 pm
- Forum: Improper right turn
- Topic: No Right Turn Yonge & Dundas
- Replies: 9
- Views: 4252
Re: No Right Turn Yonge & Dundas
I want to say that tickets like this one are usually the hardest type to beat because they basically rely only on the officers testimony. Officer says you did it. You say you didn't. Who do you think the JP will believe? A speeding ticket is easier to beat because you can challenge things besides what the officer said, like the radar device. So ...
- Fri Oct 14, 2016 5:16 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
To the prosectuor.
- Fri Oct 14, 2016 5:13 pm
- Forum: Improper right turn
- Topic: No Right Turn Yonge & Dundas
- Replies: 9
- Views: 4252
Re: No Right Turn Yonge & Dundas
It is hard to comment on a charge until we see the disclosure (officers notes).
I recommend you do not hire a lawyer or paralegal yet as you can do a lot of the up front stuff yourself and save some money.
Plead Not Guilty and request a trial with the officer present. Once you receive your Notice of Trial, then send in a letter requesting ...
I recommend you do not hire a lawyer or paralegal yet as you can do a lot of the up front stuff yourself and save some money.
Plead Not Guilty and request a trial with the officer present. Once you receive your Notice of Trial, then send in a letter requesting ...
- Fri Oct 14, 2016 2:57 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
You do not contact anybody but the prosecutor to ask for disclosure.
You can ask for video, and they should give it to you IF they have video, but not sure if OPP does much video recording yet.
You should probably send a letter and ask for speedometer calibration records ahead of time. Most likely they will not give them to you. When the trial ...
You can ask for video, and they should give it to you IF they have video, but not sure if OPP does much video recording yet.
You should probably send a letter and ask for speedometer calibration records ahead of time. Most likely they will not give them to you. When the trial ...
- Fri Oct 14, 2016 7:55 am
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 16690
Re: Fail to report - advice needed
So looking back thru the thread, the charge (you think) is
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the ...
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the ...
- Fri Oct 14, 2016 7:45 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
Attacking speedometer means asking a lot of questions about whether it was accurate or not. For example, when was it last tested/calibrated?
But again even if you get the speedometer reading thrown out, the officer simply saying he thought you were going above 100km will probably be enough for them to convict as the JP will most likely believe him ...
But again even if you get the speedometer reading thrown out, the officer simply saying he thought you were going above 100km will probably be enough for them to convict as the JP will most likely believe him ...
- Thu Oct 13, 2016 5:22 pm
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 16690
Re: Fail to report - advice needed
Yes I would object anytime they try to say anything the defendant said. They would need to have a voire dire and determine if the statements made were voluntary in order to admit them (and this would require the defendant to be there).
Is there any proof of amount of damage?
Is there any proof of amount of damage?
- Thu Oct 13, 2016 5:19 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 11868
Re: Speeding ticket based upon calculations
So my question would be, can the officer rely on any calculations based on complainer, if the complainer does not show to court? I don't think so.
Basically every time the officer tries to testify something that the complainer supposedly said, I would object and say its hearsay and not allowed.
But even if you throw out all the stuff related to ...
Basically every time the officer tries to testify something that the complainer supposedly said, I would object and say its hearsay and not allowed.
But even if you throw out all the stuff related to ...
- Thu Oct 13, 2016 5:05 pm
- Forum: Stunt Driving
- Topic: speeding Stunt Driving charge
- Replies: 10
- Views: 6752
Re: speeding Stunt Driving charge
With a lawyer there are no guarantees that they will win for you, and you will probably be found guilty of something.
Now, without representation, you will definitely be found guilty of something. So here is what you can do...
You can talk to the prosecutor before court starts.
(1) Ask if they are willing to drop it to a 49 over speeding charge ...
Now, without representation, you will definitely be found guilty of something. So here is what you can do...
You can talk to the prosecutor before court starts.
(1) Ask if they are willing to drop it to a 49 over speeding charge ...
- Thu Oct 13, 2016 7:53 am
- Forum: General Talk
- Topic: Licence Plate Obstruction
- Replies: 13
- Views: 12555
Re: Licence Plate Obstruction
So if it was me, I would plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, post back here and let us know when it is.
- Wed Oct 12, 2016 9:35 am
- Forum: General Talk
- Topic: Licence Plate Obstruction
- Replies: 13
- Views: 12555
Re: Licence Plate Obstruction
Disclosure is when you request the evidence that the prosecution has against you.
In your case, you would ask for a copy of the officers notes and copies of any audio or video if they exist.
What is in the officers notes is what they will testify on the witness stand about what happened, so that is why it is important to read them before the trial.
In your case, you would ask for a copy of the officers notes and copies of any audio or video if they exist.
What is in the officers notes is what they will testify on the witness stand about what happened, so that is why it is important to read them before the trial.