There are several problems with the impaired operation and care and control provisions.
It is common knowledge that all criminal offences are mens rea offences, however, if the provision isnt constructed properly it is not a mens rea offence.
Section 253 is constructed as an absolute liability offence as it fails to include the mens rea ...
Search found 256 matches
- Mon Oct 27, 2008 8:44 pm
- Forum: General Talk
- Topic: Unlawful Arrest for Impaired or Refusing to Blow
- Replies: 2
- Views: 2326
- Fri Oct 24, 2008 7:38 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 6706
Re: notice of motion?
Okay. Thank you.
- Fri Oct 24, 2008 4:20 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 6706
Re: notice of motion?
CT, if a stop sign isn't in both languages does this mean the stop sign is of no force as well?
- Fri Oct 24, 2008 4:14 pm
- Forum: General Talk
- Topic: Speeding
- Replies: 19
- Views: 7281
Re: Speeding
Question.
If a car is following another car and the lead car is doing 78 in a 80 zone, and the trailing car passes the lead car in a legal passing zone, what is the speed limit the car doing the passing can do?
Clearly, the car passing can legally pass but hell never accomplish the pass in the space provided if hes only allowed to go 80 kms ...
If a car is following another car and the lead car is doing 78 in a 80 zone, and the trailing car passes the lead car in a legal passing zone, what is the speed limit the car doing the passing can do?
Clearly, the car passing can legally pass but hell never accomplish the pass in the space provided if hes only allowed to go 80 kms ...
- Fri Oct 24, 2008 12:05 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 6706
Re: notice of motion?
WOW! Even better. Thanks for sharing that tibit of info.
- Fri Oct 24, 2008 3:33 am
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 54011
Re: car-bicycle accident- fail to remain...
What I said above is incorrect. Failing to remain falls under HTA s. 200 and includes a vehicle and a vehicle includes a bicycle. However, s. 200 is an absolute liability offence and unconstitutionally contains a term of imprisonment which violates a citizen's s. 7 Charter rights.
Duty of person in charge of vehicle in case of accident
200. (1 ...
Duty of person in charge of vehicle in case of accident
200. (1 ...
- Thu Oct 23, 2008 7:51 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 6706
Re: notice of motion?
Law is so vast and ever expanding do to the living tree Charter and ever chaning HTA that it's impossible for anyone to know everything. I've learned from your posts and website as well.
This site we're posting on is a great service to everyone.
You're French Language argument is brilliant. I looked into it and you're right about it. But bear ...
This site we're posting on is a great service to everyone.
You're French Language argument is brilliant. I looked into it and you're right about it. But bear ...
- Thu Oct 23, 2008 5:22 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 6706
Re: notice of motion?
Yes, TC is right. I forgot the surcharge.
TC, I read your site. You make some great points and offer great advice.
Everyone needs to read it.
TC, I read your site. You make some great points and offer great advice.
Everyone needs to read it.
- Thu Oct 23, 2008 5:17 pm
- Forum: General Talk
- Topic: In Timmins the accident victim gets the ticket too!
- Replies: 9
- Views: 2793
Re: In Timmins the accident victim gets the ticket too!
Naw... it reads:
Riding in crosswalks prohibited
(29) No person shall ride a bicycle across a roadway within or along a crosswalk at an intersection or at a location other than an intersection which location is controlled by a traffic control signal system. R.S.O. 1990, c. H.8, s. 144 (29).
It's covering intersection crosswalks AS WELL AS non ...
Riding in crosswalks prohibited
(29) No person shall ride a bicycle across a roadway within or along a crosswalk at an intersection or at a location other than an intersection which location is controlled by a traffic control signal system. R.S.O. 1990, c. H.8, s. 144 (29).
It's covering intersection crosswalks AS WELL AS non ...
- Thu Oct 23, 2008 1:58 am
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 54011
Re: car-bicycle accident- fail to remain...
Another thing is that I was not happy with one of these Traffic Tickets companies. I paid them $500 to help me in court with this case and they did not do anything...
First they did not know anything about demerit points for cyclists as you do and second they have done what I could of done by myself- speak to Justice of Peace and reduce this ...
- Wed Oct 22, 2008 8:12 pm
- Forum: General Talk
- Topic: Negotiating with Prosecution HELP PLEASE!
- Replies: 2
- Views: 4378
Re: Negotiating with Prosecution HELP PLEASE!
From what you said, youre not not guilty, so why would you plead guilty?
From what you said, the cop falsified evidence. Thats criminal. If he has radar then the radar he used was from the car the passed him before you. Or from someone else.
Youre charged with 31 kms pver. The fine is $7 per kms in your case. If convicted its $217.
Fight it if ...
From what you said, the cop falsified evidence. Thats criminal. If he has radar then the radar he used was from the car the passed him before you. Or from someone else.
Youre charged with 31 kms pver. The fine is $7 per kms in your case. If convicted its $217.
Fight it if ...
- Wed Oct 22, 2008 11:21 am
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Correction for posting, is this law 6 years old
- Replies: 65
- Views: 36445
Re: Correction for posting, is this law 6 years old
I'm glad they dismissed your charge. BUT, you should've requested costs. You could've got $100. It's not much but it's better than nothing.
- Wed Oct 22, 2008 10:51 am
- Forum: General Talk
- Topic: In Timmins the accident victim gets the ticket too!
- Replies: 9
- Views: 2793
Re: In Timmins the accident victim gets the ticket too!
The only thing most retarded than the cop who charged you is the person who wrote up this provision. Ive read 10 times now and still dont have a clue what it really says. There are only 35 words to it, too.
Explain this to me. Youre driving straight through the intersection on a green light. A driver making a right turn from a side road at the ...
Explain this to me. Youre driving straight through the intersection on a green light. A driver making a right turn from a side road at the ...
- Wed Oct 22, 2008 3:43 am
- Forum: Following too closely
- Topic: S. 149 - Operating To Left Of Centre On Curve
- Replies: 2
- Views: 4428
Re: S. 149 - Operating To Left Of Centre On Curve
It's an absolute liability offence. You are guilty by the mere act of doing the offence.
Strict liabilty deals with public welfare offences. Noise. Smoke. Spills. Etc.
An accused charged with a strict liability offence is provided a defence of reasonable mistake of fact and due diligence.
Interestingly, the presumption of innocence as ...
Strict liabilty deals with public welfare offences. Noise. Smoke. Spills. Etc.
An accused charged with a strict liability offence is provided a defence of reasonable mistake of fact and due diligence.
Interestingly, the presumption of innocence as ...
- Wed Oct 22, 2008 3:07 am
- Forum: Following too closely
- Topic: following too close without accident
- Replies: 5
- Views: 7733
Re: following too close without accident
What section is that under?????
Headway
Headway of motor vehicles, generally
158. (1) The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. R.S.O. 1990, c. H.8, s ...
Headway
Headway of motor vehicles, generally
158. (1) The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. R.S.O. 1990, c. H.8, s ...