Ontario Highway Traffic Act

I do not know about the punishment before the conviction that you mention. This has been done for years on different charges (ie 90 day ADLS of a licence and not yet convicted of an impaired, CMV Impoundment as well for "x" number of days). Further, many people are out on "bail" (keep it simple) with conditions, and yet no conviction yet.

Having ...

TC, I've seen you mention the French Language Services Act a few times now, spped limit sign, parking. I wasn't aware of the points you make reqarding this and it's an extremely interesting argument.

Are you saying that if a city has a passed a by-law providing that the administration of the municipality shall be conducted in both English and ...

I'm not relying on the cases, I'm relying on what he Supreme Court said about law. Cops must be authorized by a valid law in order to do whatever it is they are doing. Wake up.

Please do not use case law in answers then, OR state why it affects the topic. That is why I stated what I did. When I read case law, I read into the situation and what ...

Ha! Good one. I missed the word "to."

The cars weren't impounded for 7 days though, right?

Hello. Great site. Feel free to edit or delete my messages if need be.

Emergency vehicles are exempt under the regulations.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_070455_e.htm

(2) Despite sections 2 and 3, "race", "contest" and "stunt" do not include any activity required for the lawful operation of motor vehicles described in subsections 62 (15.1) or 128 (13) of the Act, or the lawful operation ...

There is no case law because its never been argued...yet.

Mistake of law is no defence for a cop who steals a car under a false assumption that he is impounding it.

Section 19 of the code, ignorance of the law is no excuse, does not provide a defence in its language.

Moreover, while mistakes of fact relevant to the commission of a criminal ...

I just provided the defence.

In the present hierarchy of sanctions the following applies; [1] a 12 hour suspension, [2] a charge under Code s. 253.1(a), [3] then s. 253(b).

The criminal code does not allow the government to use the breath test results to impose 12 hour suspensions.

Read s. 254 of the criminal code and try and point out where ...

Yes, people have gotten off for an excuse. The excuse defence is unlimited. Doesn't mean you'll win everytime. You'll win under my argument though because I know the law.

I look forward to your members trying to prove me wrong.

Yes, I am advising everyone to refuse to blow at all times other than in Quebec and the Yukon.

The criminal code provides defences. Section 254(5) provides a defence for refusing to blow; "a reasonable excuse."

Failure or refusal to comply with demand

254 (5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply ...

The instrument that is used at roadside is called an "Approved Screening Device" (ASD)most often is a Drager Alcotest 7410GLC. This instrument is approved by the Canadian Solictor General, and CFS (Centre of Forensic Science).

The Breathalyzer or Intoxilyzer are instruments used back at detachments/stations to get a actual number for how much ...

Police cars are exempt from being impounded. But they should've had their licence suspended, if they did not.

You put the keys in the back seat which was smart. You should be able to beat this charge if you have a competent lawyer. Good luck finding one.

Next time sit in the passenger seat.

Put the emergency brake on. Disconnect the battery. Block the tires with a rock, log, or whatever. If you do these things you cannot be convicted.

Sitting in the ...

Everyone in Canada (other than Quebec and the Yukon) has a valid and reasonable excuse to refuse to blow. They cannot be convicted for refusing either.

Only Quebec and the Yukon do not provide for provincial suspensions because they have governments that understand law.

Read s. 48 of the Highway Traffic Act and s. 254 of the Criminal Code ...