Ontario Highway Traffic Act

screeech wrote:Most cruisers now have the capability to pull up driver photos during the traffic stop. So if you say you are Ted Nugent and they pull up his picture and you lied, you will be arrested on the spot for obstruct justice and personation.

I don't think so. There is only one Nuge, but certainly more than one Ted Nugent in the world.

These charges

Fail to surrender DL under the HTA

Ad Obstruct police which is a criminal charge and much more serious than the hTA charge.

ops
Thanks. Whichever is the more serious depends on the driver and specific circumstances I suspect.

Who does he make the ticket out to if he doesn't have a name? I guess if it's criminal (obstruction ...

What do you mean by a secondary offence?
Are you an officer/retired officer? I thought it was a common term. I even googled it before I posted to make sure.

Schreech, you are correct that I meant a secondary offence is one that you cannot be pulled over for. You get pulled over for the primary offence....i.e. speeding, then the officer sees that ...

OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line ...

What do you mean by a secondary offence?
Are you an officer/retired officer? I thought it was a common term. I even googled it before I posted to make sure.

Schreech, you are correct that I meant a secondary offence is one that you cannot be pulled over for. You get pulled over for the primary offence....i.e. speeding, then the officer sees that ...

Ban Him? LOL. If he was banned then the only regular contributors here would be police and retired police. Both of which appear (from my limited experience) to be biased. I have read alot of threads here and I can remember very few instances where someone has offered a defence......only criticism and mocking of potential defences. To wit, when I ...

"I noticed the driver was not wearing a seat belt.......<snip>.... I informed the driver of my reason of the stop..."
I remember hearing a looong time ago that "seat belts" were "secondary offences" Anyone remember that? Did the law get changed? Maybe I'm dating myself.

Not sure if this applies to your situation or not but I remember a few years ago on the MTO website I read that you don't have to wear your seatbelt if you are making a certain number of stops and you don't exceed s certain speed. Check it out

Can I compel a witness to appear in court?

Example:
I want the Crown to disclose the certain mechanical aspects of the police car. They will likely refuse. Can I summon the mechanics that work on the police cars?

Example:
I want the testimony of an accident reconstruction specialist but I don't want to pay for one. Can I summon the detachment's ...

You may recall my previous threads where I state that I was truly and honestly traveling approx 50-55 instead of the 72 at which I was locked. Lets rule out speedometer error because my GPS matches my speedometer.

In an effort to understand how this can happen, I have put forth several questions about how his radar may have given an incorrect ...

Not talking is going to pretty much guarantee you get the worst possible ticket and guarantees a court appearance.

Talking might get you a lighter ticket.... but you might hang yourself too.

Perhaps I need to learn how to talk without saying anything.

I was pulled over by a NY state trooper once. I got you for 72 in a 55 he said. "Yes", I said " I'm grossing 80,000 lbs today. I must have a loose wire in my jake brake harness because I hit a pot hole half way down the hill and my jake stopped working. Next thing I know I looked at my speedo and I'm going 72. Sorry about that. I have a clean ...

Yeah they "up charge" you so the Crown can reduce it to following to close.

Went before the green sash to set a new trial date. I mentioned to his worship that there was still some disclosure outstanding. He said tell it to the trial judge. Crown (a new one this time around) interjected and said write me a letter I'll see what I can do. Also mentioned to his worship that I was denied access to the radar manual. He said you ...

You don't have to lock? Didn't know that. Actually at one time I though you were suppose to lock two readings. Back 30 plus years ago when I was 16 I got a ticket and the officer told me he only locked one reading because when I saw him I braked so hard he couldn't even read the numbers on the radar.