Search found 22 matches

by mathers
Tue Jun 12, 2012 9:02 pm
Forum: General Talk
Topic: Incorrect set fine, incorrect total payable
Replies: 7
Views: 1988

Re: Incorrect set fine, incorrect total payable

I've heard of another tact to take with these that may be worth trying. Send someone to court on your trial date (do not be there yourself). When the case is called, s/he should step forward, indentify, advise the court that s/he is there only as a friend of the court and is in no way authorized to ...
by mathers
Wed Feb 01, 2012 12:07 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: to testify or not
Replies: 3
Views: 1109

Re: to testify or not

you don't the vehicles around you when the officer got your speed, but might remember exactly at moment you got pulled over. In other words when the vehicle was targetted on lidar the vehicle was probably the solo vehicle, but in the distance it drove after that (300m-1500m to the officer's locatio...
by mathers
Mon Jan 30, 2012 11:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Interesting Case
Replies: 11
Views: 2027

Re: Interesting Case

The case is York v. Winlow, 2009 ONCA 64. Of course, you could argue (truthfully) that you had no idea what s/he was talking about at the time, that the fact that s/he was planning on amending up the charge should have been specifically explained to you, therefore you had no notice of the proposed a...
by mathers
Mon Jan 30, 2012 12:36 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: to testify or not
Replies: 3
Views: 1109

to testify or not

Opinions please - In addition to the normal business of questioning the officer's training, testing and operation of the lidar/radar unit used in a stop, I'd like thoughts regarding the defendant taking the stand if: - the speedometer reading on the car indicated (approximately) the speed limit at t...
by mathers
Wed Nov 09, 2011 1:09 pm
Forum: Parking Tickets
Topic: Where do I find text of Toronto Bylaw 32-92
Replies: 2
Views: 1688

Re: Where do I find text of Toronto Bylaw 32-92

Used to be located at the Urban Affairs library at Metro Hall, which recently closed. There materials are supposed to have been moved to the Toronto Reference Library on Yonge, North of Bloor - so it should be there now.
by mathers
Thu Oct 20, 2011 10:28 pm
Forum: Courts and Procedure
Topic: 11b - Good News
Replies: 13
Views: 6059

Re: 11b - Good News

Actually, from a detailed read of the judgment, it would appear that for straightforward matters where a trial is requested immediately, anything beyond 9 months (30 day intake; 8 month institutional) is likely to be granted, anything beyond 10 months is very likely to be granted and anything beyond...
by mathers
Wed Aug 31, 2011 11:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding defence for non-reduced ticket
Replies: 12
Views: 2480

Re: Speeding defence for non-reduced ticket

The radar is accurate to within +/- 0.1 km/h.
Thx Radar - we may now be starting to get somewhere. Is this information advertised in the manuals for all radar/lidar? And if yes, is it backed up with any independently verified empirical data?
by mathers
Thu Aug 25, 2011 8:53 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding defence for non-reduced ticket
Replies: 12
Views: 2480

Re: Speeding defence for non-reduced ticket

The accuracy is based on the unit of measure This is illogical. The accuracy of a device is not based on a unit of measure. The accuracy of a device is based on how accurately it measures something. I know the difference between accuracy and rounding and that is specifically taught on course and wh...
by mathers
Thu Aug 25, 2011 12:23 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding defence for non-reduced ticket
Replies: 12
Views: 2480

Re: Speeding defence for non-reduced ticket

you are reading a USA manual if you see MPH and is not applicable to canada The unit is the unit. It will not be more or less accurate whether you are north or south of the border. 1 mph = 1.6 kmh. The accuracy is the accuracy, whatever it may be. +/- 1 is that the unit can almost always will never...
by mathers
Tue Aug 23, 2011 5:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding defence for non-reduced ticket
Replies: 12
Views: 2480

Re: Speeding defence for non-reduced ticket

fyi, that is not accurate information Please enlighten on equipment in current use that advertises a degree of accuracy of greater than +/- 1 mph (1.6 km/h). thx. If such does exist, the question remains open for all other equipment with accuracy of only +/- 1 mph (1.6 km/h) or worse. Defence ever ...
by mathers
Mon Aug 22, 2011 1:53 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding defence for non-reduced ticket
Replies: 12
Views: 2480

Speeding defence for non-reduced ticket

Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, ...
by mathers
Sun Jan 09, 2011 6:06 pm
Forum: Improper left turn
Topic: s. 141 - strict or absolute liability offence?
Replies: 4
Views: 2363

Re: s. 141 - strict or absolute liability offence?

s. 141(9) reads: "Where, because of the length of a vehicle or combination of vehicles, a turn cannot be made within the confines of the lanes referred to in subsection (2), (3), (6) or (7), a driver, when making such a turn, is not in contravention of any such subsection if he or she complies ...
by mathers
Fri Jan 07, 2011 11:43 pm
Forum: Improper left turn
Topic: s. 141 - strict or absolute liability offence?
Replies: 4
Views: 2363

Re: s. 141 - strict or absolute liability offence?

Thx Simon

Anyone used/familiar with 141(9) as a defence?
by mathers
Wed Jan 05, 2011 12:03 am
Forum: Improper left turn
Topic: s. 141 - strict or absolute liability offence?
Replies: 4
Views: 2363

s. 141 - strict or absolute liability offence?

Hi all Does anyone know if s. 141 offenses have been considered by the courts as strict or absolute liability? Also, is anyone aware of s. 141(9) being used as a defence to a ss. (2), (3), (6) or (7) offense with respect to numerous vehicles (combination of vehicles) clogging the intersection, there...
by mathers
Mon Jun 21, 2010 11:43 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 130km/hr in a 100km/hr zone
Replies: 3
Views: 3486

Get disclosure. If the officer's notes indicate it was Monday, the crown will simply ask the JP to amend the certificate. You'd have to try to find another line of defence. If the notes also say it was Sunday and you have proof you were somewhere else on Sunday, there are probably a few different ap...

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