Search found 256 matches

by lawmen
Wed Oct 22, 2008 12:38 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: 43499

Re: Correction for posting, is this law 6 years old

The Charter , of all of our laws, was written with the fewest amount of words possible to ensure it is clear as possible, yet the Charter is the most misunderstood law and repeatedly interpreted law out there.

The Charter provides fundamental guaranteed rights and freedoms, yet they can be sidestepped by the government incorporating the ...
by lawmen
Tue Oct 21, 2008 11:59 pm
Forum: Going the wrong way on a one-way road
Topic: 1 way street what is it?
Replies: 23
Views: 12836

Re: 1 way street what is it?

It sounds like the street was once a two way street then converted into a one way street but the signs were never removed.

Take picutres of the signs if you are fighting this in court. Be sure to take the pictures yourself, though, otherwise you'll need the person who took the pictures to appear in court with you.

Good luck!
by lawmen
Tue Oct 21, 2008 10:59 pm
Forum: Prohibited turns
Topic: proceed contrary to sign at intersection 144(9) PART 2
Replies: 44
Views: 20585

Re: proceed contrary to sign at intersection 144(9) PART 2

Section 144 provides fines for certain offences under ss. 144. See s. 144(31.2) and (31.3) for example.

Section 144(9) is not an offence where s. 144 provides for a set fine.

Bear posted a link to regulations that have set fines. However, only the The Lieutenant Governor in Council can make regulations under s. 144.

The Lieutenant Governor in ...
by lawmen
Tue Oct 21, 2008 10:18 pm
Forum: General Talk
Topic: notice of motion?
Replies: 20
Views: 7663

Re: notice of motion?

You pleaded not guilty which is why you got to go to court. If you don't go the court will find you guilty and a fine of $280 will be entered against you. That is if you were doing exactly 40 kms over the speed limit. It's $7 per kms over.

Penalty

128(14) Every person who contravenes this section or any by-law or regulation made under this ...
by lawmen
Tue Oct 21, 2008 9:50 pm
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: 43499

Re: Correction for posting, is this law 6 years old

Section 15(2) of the Charter expressly states;

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability ...
by lawmen
Tue Oct 21, 2008 9:11 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - Fail to stop HTA 136(1)(a)
Replies: 18
Views: 18646

Re: Disobey stop sign - Fail to stop HTA 136(1)(a)

European countries are removing ALL traffic signs and allowing people to police themselves. It has reduced accidents because you must now be aware of what your doing instead of relying on signs to control you.

Shared space is a term used to describe an approach to the design, management and maintenance of public spaces which reduces the adverse ...
by lawmen
Tue Oct 21, 2008 8:50 pm
Forum: Going the wrong way on a one-way road
Topic: 1 way street what is it?
Replies: 23
Views: 12836

Re: 1 way street what is it?

Some one way streets have laneways that cross them in the middle of the one way street, but there is no one way sign when you exit the laneway onto the street.

Thus if youre not aware it is an one way street, you could turn the wrong way when exiting the laneway and only realize after youre on the street that all the cars parked on both sides of ...
by lawmen
Tue Oct 21, 2008 8:08 pm
Forum: Failing to stop when signaled/requested by a police officer
Topic: Failing to stop when requested by a police officer
Replies: 12
Views: 32989

Re: Failing to stop when requested by a police officer

The three type of offences that exist across Canada were classified 30 years ago, in 1978. They are mens rea, strict liability and absolute liability.

R. v. City of Sault Ste-Marie [1978] 2 S.C.R. 1299

http://www.canlii.org/en/ca/scc/doc/1978/1978canlii11/1978canlii11.html

Twenty-three years ago the Supreme Court of Canada determined in the BC ...
by lawmen
Tue Oct 21, 2008 7:17 pm
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: 43499

Re: Correction for posting, is this law 6 years old

By the way the law is in fact 6 years old - whatever that means "2002, c. 21, s. 1; 2007, c. 13, s. 20.":

Approaching stopped emergency vehicle

159.1 (1) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway, the driver of a vehicle travelling on the ...
by lawmen
Tue Oct 21, 2008 5:03 pm
Forum: Prohibited turns
Topic: proceed contrary to sign at intersection 144(9) PART 2
Replies: 44
Views: 20585

Re: proceed contrary to sign at intersection 144(9) PART 2

You say the ticket is under 144(9). You then say Part 2. What do you mean by part 2?

You say the ticket is for $85 set fine to $110.

Section 144(9) has no Part 2.

Section 144 does not indicate a set fine for s. 144(9).

Therefore, the fine would be governed by s. 214, which provides for a fine ranging from $60 to $500 in the discretion of the ...
by lawmen
Tue Oct 21, 2008 7:59 am
Forum: General Talk
Topic: How much trouble am i in?
Replies: 11
Views: 3706

Re: How much trouble am i in?

Unreachable, the maximum fines you will face is $1,400; not $1,900.

The offence under HTA s. 12 does provide for a fine from $100 to $1,000, however, under s. 12 of the Provincial Offences Act , which governs your trial, you can only face a maximum fine of $500 because the offence was commenced by way of a ticket under Part I of the Act ...
by lawmen
Tue Oct 21, 2008 1:56 am
Forum: Going the wrong way on a one-way road
Topic: 1 way street what is it?
Replies: 23
Views: 12836

Re: 1 way street what is it?

Meaning of "designated", ss. 141, 153 and 154

152. For the purposes of sections 141, 153 and 154,

"designated" means designated by the Minister or by any person authorized by him or her to make the designation or designated by by-law of a municipality. R.S.O. 1990, c. H.8, s. 152.

Highway designated for one-way traffic

153 . Where a highway ...
by lawmen
Tue Oct 21, 2008 1:38 am
Forum: Failing to stop when signaled/requested by a police officer
Topic: Failing to stop when requested by a police officer
Replies: 12
Views: 32989

Re: Failing to stop when requested by a police officer

Section 216(1) is an absolute liabilty offence while s. 216(3) is a mens rea offence.

Section 216(2) articulates a person "is guilty," which indictates the offence is commited by the mere actus reus .

Section 216(3) articulates the word "willfully," which signifies a mens rea offence.

Section 216(1) is unconstitutional as it contains a term of ...
by lawmen
Mon Oct 20, 2008 11:58 pm
Forum: Failing to obey signs
Topic: Is LOCAL TRAFFIC defined in HTA
Replies: 10
Views: 12458

Re: Is LOCAL TRAFFIC defined in HTA

A "Local Traffic Only" is not a valid sign. It cannot be enforced. A "Do Not Enter" sign is only valid if it meets the proper sign size dimensions and placement on the roadway, as articulated in ss. 31, 32 and 45 of Regulation 615.

Moreover, s. 46 states "no person, other than a municipal corporation or other authority having jurisdiction over a ...
by lawmen
Mon Oct 20, 2008 10:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - Fail to stop HTA 136(1)(a)
Replies: 18
Views: 18646

Re: Disobey stop sign - Fail to stop HTA 136(1)(a)

The Crown could argue the stop definition does not apply because the words "when prohibited" are used in the definition which does not apply to a stop sign stop.

A stop sign stop requires you to stop, it doesn't prohibit a stop.

However, the word "stop" is used throughout the HTA in different contexts and it requires a definition. Since this ...
by lawmen
Mon Oct 20, 2008 10:05 pm
Forum: Failing to obey signs
Topic: Do not drive through the intersection - 182(2)
Replies: 9
Views: 5902

Re: Do not drive through the intersection - 182(2)

The sign is in this matter is found at s. 22(7) in Regulation 615.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900615_e.htm#BK23

Section 45 artculates where the sign can be posted. Since the sign was erected in accordance with section 22, s. 49 governs the sign requirments and if the sign does not meet the requirements of s. 49 then ...
by lawmen
Mon Oct 20, 2008 8:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144.18
Replies: 13
Views: 5187

Re: HTA 144.18

The trial was initiated by the cop who charged you. He has an obligation by law to be in court. If you believe youre going to win the case on merit you can demand the court issue a warrant for his arrest.

You can sue him in Small Claims Court for little expense on your part for your costs and any economic loss for the day.

For example, you ...
by lawmen
Mon Oct 20, 2008 7:31 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign - Fail to stop HTA 136(1)(a)
Replies: 18
Views: 18646

Re: Disobey stop sign - Fail to stop HTA 136(1)(a)

First of all I want to thank ticketcombat for all your extremely useful information provided on your website! It increased my ticket-fighting knowledge and confidence 100 times!
Interpreter

You would have to check whether they offer translation services (905-615-4500) in your mom's native language. If they have it, why not use it ...
by lawmen
Mon Oct 20, 2008 4:41 pm
Forum: General Talk
Topic: How much trouble am i in?
Replies: 11
Views: 3706

Re: How much trouble am i in?

Yes, maximum fines of $1900. Minimum fines $161. Plus you could lose your licence or permit for 6 months. But no jail time.
by lawmen
Mon Oct 20, 2008 4:31 pm
Forum: General Talk
Topic: How much trouble am i in?
Replies: 11
Views: 3706

Re: How much trouble am i in?

If you didn't buy the car how can you have a bill of sale?

You haven't been to court on this at all yet right?

In other words, you haven't pleaded not guilty yet?

Tomorrow you will only enter a plea. You set the trial date.

The judge needs to help you and make sure you understand. You can ask the judge to order the Crown provide you disclosre ...
by lawmen
Mon Oct 20, 2008 4:15 pm
Forum: General Talk
Topic: How much trouble am i in?
Replies: 11
Views: 3706

Re: How much trouble am i in?

You need to plead not guilty. I think you're only entering a plea tomorrow and setting a trial date. We'll help you walk your way through this.

On wat date did you buy the car?

You need to make a disclosure request so you can see why you were stopped and what evidence they will use against you.
by lawmen
Mon Oct 20, 2008 3:56 pm
Forum: General Talk
Topic: How much trouble am i in?
Replies: 11
Views: 3706

Re: How much trouble am i in?

Why did he stop you in the first place?

You say the offence took place on August 28. On what date did you buy the car?

Provision of the HTA that do not indicate a fine are subject to s. 214.

Section 214(1) provides for fines ranging from $60 to $500. Section 214(2) provides for a fine of not more than $50.

The decision is in the discretion of ...
by lawmen
Mon Oct 20, 2008 12:27 am
Forum: General Talk
Topic: Nitrous and its implications
Replies: 14
Views: 4132

Re: Nitrous and its implications

Even when cops are off duty they can still make arrests, but they must witness the crime. You committed no offence. But given his comments, you can see the bad attitude some of them have.
by lawmen
Sun Oct 19, 2008 10:51 pm
Forum: General Talk
Topic: Nitrous and its implications
Replies: 14
Views: 4132

Re: Nitrous and its implications

In my view, this is an absolute liability offence. Courts have determined offences employing the "no person shall" or "every driver shall" formulation are interpreted as absolute liability offences.

R. v. Hickey (1976), 13 O.R. (2d) 228. (speeding) R. v. Kurtzman (1991), 66 C.C.C. (3d) 161 at 172 (Ont. C.A.)-(failing to stop at a red light) and ...
by lawmen
Sun Oct 19, 2008 10:01 pm
Forum: General Talk
Topic: Street racing?
Replies: 151
Views: 186012

Re: Street racing?

British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights), [1999] 3 S.C.R. 868

http://csc.lexum.umontreal.ca/en/1999/1999rcs3-868/1999rcs3-868.html

Terry Grismer was a mining truck driver who lived and worked in the interior of British Columbia. In 1984, at the age of 40, he suffered a stroke. As a result ...
by lawmen
Sun Oct 19, 2008 4:52 pm
Forum: General Talk
Topic: Street racing?
Replies: 151
Views: 186012

Re: Street racing?

I have heard that also, but have not seen anything in B&W. I heard it was going to be in October and apparently a 320 page document. This info I have was from a local paralegal, who said literally said "I don't have time to read all that BS, as it apparently it is a rights issue and yet driving clearing written is a priviledge".

time will tell ...
by lawmen
Sun Oct 19, 2008 1:41 pm
Forum: Forum Rules
Topic: New Member? Come and say Hi and Introduce yourself here! :)
Replies: 168
Views: 829605

Re: New Member? Come and say Hi and Introduce yourself here! :)

In my view, you have too many thread stickied. You should have no more than 2 threads pinned, the others should float like all other threads. This way the popular threads stay at the very top of this section of the board.

Just a suggestion, though.
by lawmen
Sun Oct 19, 2008 1:34 pm
Forum: General Talk
Topic: Fire trucked Siezed under 172
Replies: 8
Views: 2614

Re: Fire trucked Siezed under 172

Cops investigating cops is total Hogwash, though.

There should be a citizen panel that investigates cops complaints for any reason with appeals to the court.
by lawmen
Sun Oct 19, 2008 1:28 pm
Forum: General Talk
Topic: Interesting reading HTA 172
Replies: 15
Views: 14318

Re: Interesting reading HTA 172

You're sig is way funny!

I'm glad you're here. And you're clearly a decent guy and good cop. I read a bunch of threads now and see that you offer good advice and opinions. But I'm more impressed by the fact that you don't pretend to claim you know everything and admit you want to learn. Law is so vast its not really possible to know everything ...