Search found 905 matches

by racer
Wed Feb 10, 2010 5:57 pm
Forum: Courts and Procedure
Topic: Minimum lead time for disclosure
Replies: 26
Views: 6966

Re: Minimum lead time for disclosure

Then he has an excellent chance of Chapter 7 defence - Improper disclosure. Advise your friend not to take ANYTHING from the prosecutor on the day of trial - he can slip the disclosure, one of the dirty tactics employed by crown prosecutors we have heard about.
by racer
Wed Feb 10, 2010 5:54 pm
Forum: Police Clothing and Equipment
Topic: Radar maintenance requirements
Replies: 6
Views: 4012

Re: Radar maintenance requirements

There is a way of testing the device internally... Quartz crystals oscillate at perfect 27 MHz, when placed under a specific voltage (not all that important), if it is cut to a specific shapes (much more important than voltage being 10% off, which would produce no change in the resulting frequency of oscillation), and that can be used to determine ...
by racer
Wed Feb 10, 2010 5:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18)
Replies: 10
Views: 7140

Re: HTA 144(18)

Traffic Law wrote:Seems like a wrong charge. You approached the intersection on red and "stopped". In my opinion a correct charge would have been Red Light - proceed before green.

Police video may help you to mount a defense.
X2

If the police video is missing from disclosure, all the more ammo to have the ticket stayed.
by racer
Wed Feb 10, 2010 5:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Making a left at an intersection, He said it was Red...
Replies: 1
Views: 2166

Re: Making a left at an intersection, He said it was Red...

If there are oncoming vehicles, you may cross the line prior to making the left turn and wait until the turn can be done in safety. If the light changes, oncoming vehicles are supposed to stop, and you should be able to complete the turn in the 3 seconds or so while there is a red facing both ways. If you ran an amber, that is a slightly different ...
by racer
Wed Feb 10, 2010 5:24 pm
Forum: Traffic Offences Outside Ontario
Topic: Speeding in QC - 11b Motion
Replies: 8
Views: 5283

Re: Speeding in QC - 11b Motion

ManlyMinute wrote:Should have studied French in school like I was supposed to.
Shouldn't they have the information in English? Courts are supposed to be bi-lingual across the country.
by racer
Wed Feb 10, 2010 5:22 pm
Forum: Parking Tickets
Topic: Parking infractions and disclosure requests
Replies: 3
Views: 3254

Re: Parking infractions and disclosure requests

See my previous post. You might also ask for the typed copy of officer's notes in case that the photocopy is unreadable.
by racer
Tue Feb 09, 2010 9:39 pm
Forum: General Talk
Topic: Expired licence
Replies: 2
Views: 3951

Re: Expired licence

All offences that carry demerit points are listed in our Demerit Points System Table

No points for that offence.
by racer
Tue Feb 09, 2010 9:28 pm
Forum: Courts and Procedure
Topic: My successful 11b carter motion
Replies: 20
Views: 22042

Re: My successful 11b carter motion

Hmmm, well to elaborate on your forgetting idea.

It's called Ebbinghaus's Forgetting Curve. Hermann Ebbinghaus was a memory scientist and did studies back in 1885 on memory retention. It's been continuously proven that Police training does not improve memory retention necessarily.

So for example, without any conscious review, every average ...
by racer
Sun Feb 07, 2010 10:46 pm
Forum: Improper right turn
Topic: Right turn on red light while left trun green signal is on
Replies: 8
Views: 6994

Re: Right turn on red light while left trun green signal is on

That is not to say that you cannot get the ticket get thrown out on a technicality, like the exact fine being wrong, any other major mistakes on the ticket, and proper paperwork filed by the cop and the prosecution, or even a delay between now and the date of court can all play in your favour.
by racer
Sun Feb 07, 2010 10:34 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Doing 115 in a 90 Help me out please!!
Replies: 10
Views: 2230

Re: Doing 115 in a 90 Help me out please!!

Where's mayfield?

When you file the ticket with "not guilty", the time "stops" until the court date.

You "collect" points, not lose them. 9 would "award" you an interview with the MTO regarding your driving record. Points come off your record after 2 years of date of offence.

You are right that you should not primarily concern yourself with ...
by racer
Sun Feb 07, 2010 10:29 pm
Forum: Police Clothing and Equipment
Topic: Radar maintenance requirements
Replies: 6
Views: 4012

Re: Radar maintenance requirements

Would the before and after the short test be considered the standard check-up procedure?
by racer
Sun Feb 07, 2010 10:26 pm
Forum: General Talk
Topic: Out of range LIDAR?
Replies: 7
Views: 3098

Re: Out of range LIDAR?

Bear will know more about the specific model of the radar. Lidar makes a fairly small cone of light. Bear writes here: I start observing vehicles about 1km away (through scope) monitor, then hit the vehicle with lidar around 700m. Then again around 550m. Then my final hit is around 500m-100m. This allows a visual observation, confirmed targetting ...
by racer
Sun Feb 07, 2010 9:07 pm
Forum: Parking Tickets
Topic: Parking infractions and disclosure requests
Replies: 3
Views: 3254

Re: Parking infractions and disclosure requests

Hello, sorry if it is a bit late

I would ask for:

Officer's notes
Copy of the by-law that designated that spot as a no-parking zone if applicable


Is there anything else to the case? Knowing more will help us determine what you might ask for in the disclosure. Expired coin-parking, distance from no-parking sign, no parking during specified times ...
by racer
Sun Feb 07, 2010 7:01 pm
Forum: Failing to signal
Topic: Failing to signal
Replies: 1
Views: 4237

Re: Failing to signal

As usual, request the disclosure, see what he wrote. You do not have to signal if you are the only car on the road, but it is recommended to do so anyway. If the cop's notes say that there was no traffic, you can easily beat him on his own notes. Chances are the cop won't even show up once you request the notes and he realises that he goofed up.
by racer
Sun Feb 07, 2010 6:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(15): Amber Light - Fail To Stop
Replies: 13
Views: 13415

Re: HTA 144(15): Amber Light - Fail To Stop

Congrats on an easy ticket win!

Shows that fighting your tickets are always a worthy cause. Good job on being prepared even when the cop did not show up.

You can always use www.OHTA.ca as a convenient shorthand recommending us to your friend too!
by racer
Sun Feb 07, 2010 5:57 pm
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 14487

Re: HTA 144 (9) - Time issue

If you are moving the trial to a later day by yourself, you are basically waving your right to a speedy trial, so that is not a good idea. If the prosecution causes the delay, that does not count against you. I think that a day late with the holiday being the reason for lateness should not disqualify your 11B application.
by racer
Sat Feb 06, 2010 7:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign ticket - Markham Dec09
Replies: 7
Views: 5193

Re: Disobey Stop Sign ticket - Markham Dec09

There are many generic strategies you need to look at to have the ticket dismissed/stayed. First step is to file "Not guilty" with "Officer Present". Can't win if you don't fight :)

There are many cases listed here, all you have to do is read some!
by racer
Sat Feb 06, 2010 1:25 pm
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 14487

Re: HTA 144 (9) - Time issue

I would still apply for it, one day late or not, and see what happens.
by racer
Sat Feb 06, 2010 1:15 pm
Forum: Courts and Procedure
Topic: My successful 11b carter motion
Replies: 20
Views: 22042

Re: My successful 11b carter motion

Hello, welcome to the forum!

Glad to hear that you have won your ticket, and it is always great to hear that we have helped! Thanks for sharing your experience with us. Remember to refer us to your friends in need - you can always use www.ohta.ca as a short web site name too!
by racer
Fri Jan 29, 2010 8:35 pm
Forum: Failing to obey signs
Topic: Moore St near Bayview (HTA 182 (2)) A couple of questions...
Replies: 8
Views: 3462

Re: Moore St near Bayview (HTA 182 (2)) A couple of questions...

First attendance is meeting with the prosecutor. He/she can offer you a lower charge. It is NOT a trial date, it is before the trial though, and you have a few dates during which you can go to see him/her. Basically you are agreeing to plead guilty without a fight and the prosecutor cuts you a deal in terms of penalty/actual charge you are agreeing ...
by racer
Fri Jan 29, 2010 8:13 pm
Forum: Forum Rules
Topic: New Member? Come and say Hi and Introduce yourself here! :)
Replies: 168
Views: 1220077

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

Welcome to www.OHTA.ca, beleafer81.

I am glad that you find the board informative and unique enough to help you best. Remember to recommend it to your friends as well!
by racer
Fri Jan 29, 2010 7:59 pm
Forum: Compulsory Automobile Insurance Act
Topic: Accident reports with no damage/payout - insurance effect?
Replies: 8
Views: 4658

Re: Accident reports with no damage/payout - insurance effect?

Lets just say that if you are convicted of "Careless Driving", that alone might be reason enough for your insurer to drop you, even if there is no collision involved. Not every insurer will drop you, of course, but your rates will go up regardless of what insurer you are with at the time. Not one insurer will forgive a "Careless Driving".

Getting ...
by racer
Sun Jan 24, 2010 7:23 pm
Forum: Failing to obey signs
Topic: Moore St near Bayview (HTA 182 (2)) A couple of questions...
Replies: 8
Views: 3462

Re: Moore St near Bayview (HTA 182 (2)) A couple of questions...

Take some pictures, refer to guidelines: http://www.ontariohighwaytrafficact.com/topic1765.html

You want to show that the tree is obstructing the view of the sign. It is the responsibility of the city to make sure that the signs are visible.
by racer
Sun Jan 24, 2010 7:21 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Ticketed for right turn at yellow light [resolved]
Replies: 48
Views: 25827

Re: Ticketed for right turn at yellow light [resolved]

Well, for now at least, file to fight the charge. The charge will not affect you immediately, at least not until you are convicted. Read over similar cases on forum here, you can get more ideas.

What to do: make notes now, file with "option 3" and "officer present", make a photocopy of your ticket. When you are presenting evidence, be as clear ...
by racer
Sun Jan 24, 2010 6:40 pm
Forum: General Talk
Topic: Regulations Concerning Railway Crossings
Replies: 6
Views: 3771

Re: Regulations Concerning Railway Crossings

For any sign that goes up, you need to have a by-law that has authorised that sign, so it is municipality's responsibility to put them up (the actual signs are usually erected by sub-contractors on order from municipality). You should ask for a copy of the by-law that put that sign up in its place.
by racer
Sun Jan 24, 2010 6:37 pm
Forum: General Talk
Topic: 13(2) Obstructed number plate violation - need advice
Replies: 11
Views: 7434

Re: 13(2) Obstructed number plate violation - need advice

The prudent option would be to call the dealership and tell them that their plate covers are too thick on the bottom and caused you trouble. Hopefully they get the message and order some thinner ones for their next customers.
by racer
Sun Jan 24, 2010 6:35 pm
Forum: Courts and Procedure
Topic: Minimum lead time for disclosure
Replies: 26
Views: 6966

Re: Minimum lead time for disclosure

22 over can be dropped to 15 over, as soon as he tells the prosecutor that he didn't receive the disclosure. Not getting disclosure = another day in court for all 3 (your friend, prosecutor, cop). Plea-bargain might be the best way to go.

Now, it does not hurt to apply for 11b because 10 months should be a long enough delay. And he better do it ...
by racer
Sat Jan 23, 2010 11:27 pm
Forum: Stunt Driving
Topic: Appeals Court decision - Reserved...
Replies: 7
Views: 3311

Re: Appeals Court decision - Reserved...

To these prosecutors, every ticket against them counts against them. That's why many will offer a reduced penalty if there is a prospect of them loosing. Doing one's job properly is a great motivator. Whoever said that a lawyer was a devil's advocate was right - there are criminal lawyers that make possible letting people go free from a murder trial.
by racer
Sat Jan 23, 2010 10:45 pm
Forum: Courts and Procedure
Topic: Minimum lead time for disclosure
Replies: 26
Views: 6966

Re: Minimum lead time for disclosure

The guy (like most every average person) was not aware of his right to disclosure, until he had a conversation with me with only 4 weeks left. But 4 weeks seems plenty to provide a few photocopies.....

Sounds almost exactly as I said lol.

As for your friend, I would ask the court to dismiss the charge due to not receiving disclosure, and try to ...
by racer
Sat Jan 23, 2010 10:42 pm
Forum: Compulsory Automobile Insurance Act
Topic: "fail to surrender insurance card" - increased my
Replies: 5
Views: 5535

Re: "fail to surrender insurance card" - increased my

Use online quotes, too. They give a great estimate.

Also, you can "add" tickets to the blank quote and see how much each one increases your premiums.