Search found 30 matches

by riggyzomba
Mon Mar 13, 2017 1:47 pm
Forum: Improper passing
Topic: 148 (5) fail to turn out to avoid a collision
Replies: 8
Views: 20175

Re: 148 (5) fail to turn out to avoid a collision

The officers diagram is somewhat inaccurate. The intersection has a left turning lane at each approaching roadway. See my drawing. If she was going to overtake a vehicle as per 148 (5) this would cause her to go into the left turn lane, and most likely into on coming traffic. (She probably would have avoided the accident if she managed to get into ...
by riggyzomba
Mon Mar 13, 2017 12:57 pm
Forum: Improper passing
Topic: 148 (5) fail to turn out to avoid a collision
Replies: 8
Views: 20175

148 (5) fail to turn out to avoid a collision

My daughter was driving my van behind a pick up truck. They were approaching an intersection with traffic lights when the truck in front of her suddenly swerved into the left turn lane to avoid a stopped vehicle. My daughter attempted to switch lanes as well but tagged the rear of the stopped vehicle with the front right of my van. She was ...
by riggyzomba
Thu Feb 09, 2017 4:04 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

Well - went to court today. Retired officers DO show up for court and provide evidence based on memory. When it was my turn to cross examine I stated I was a little unprepared as there was no indication in the disclosure as to the evidence he was to provide. The prosecution stated that in the officers notes that were provided that the other officer ...
by riggyzomba
Fri Dec 23, 2016 8:48 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 23231

Re: Missing Set Fine - Missing Total Payable

I was there to set a date for the insecure load ticket that I have posted in another thread. The reason we had to set a date was due to the per diem prosecutor, during my initial trial date, requesting more substantiating documentation that I was given permission to appear on behalf of the individual that received the ticket. We now have another ...
by riggyzomba
Thu Dec 22, 2016 9:04 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 23231

Re: Missing Set Fine - Missing Total Payable

Okay - so in jsherks post a few above this, he states that a fatal error can only be corrected at trial. I was at court the other day to set a date. There was a lady in front of me that was there to set a date as well for a cell phone / texting charge. During the discussions between her and the JP, the JP noted the HTA reference was incorrect and ...
by riggyzomba
Wed Dec 07, 2016 10:53 am
Forum: General Talk
Topic: Ministry Interview
Replies: 10
Views: 7753

Re: Ministry Interview

I have a question on the ministry interview.

Section 11(h) of the Charter of rights provides statutory protection to individuals by stating that any citizen shall not be tried or punished again for an offence where either an acquittal or guilty plea concluded the matter. In the case of a collection of HTA convictions, the matter has been ...
by riggyzomba
Wed Nov 02, 2016 9:02 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 111km/h in a 70km/h zone
Replies: 9
Views: 3486

Re: Speeding 111km/h in a 70km/h zone

As far as the window tint, I might suggest one avenue you may want to explore. In 2017, revised motor vehicle safety requirements will come into effect. Most, if not all, of these changes are far more stringent and one of them is gauging the window tint.

A simple description of the process: To accomplish this, shops that have authorization to ...
by riggyzomba
Tue Oct 25, 2016 8:58 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

Thanks for the link to the NSC - some interesting reading in there.
I am still pondering the one officer being retired. As he is mentioned in the disclosure notes, if he does not show up at trial time (because he will be retired by then) can I ask for the charge to be stayed as I would not have the opportunity to question him?
by riggyzomba
Thu Oct 20, 2016 10:05 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

So went to court. The morning was dedicated to the traffic tickets issued by those two officers during a traffic blitz. Mostly seat belt and cell phone type charges.

Met with the prosecutor first thing and he suggested that we adjourn the trial to another date so I can provide a letter saying I can attend on my friends behalf. I said I had that ...
by riggyzomba
Tue Oct 11, 2016 9:41 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

Thanks for the input thus far. A point was raised about the traffic sergeant that first made note of the load - I did not receive any disclosure notes from him however he is listed as a witness on the court disposition record. Can he act as a witness without any notes? Would the prosecution not have to provide me a "will say" statement if he did ...
by riggyzomba
Wed Oct 05, 2016 2:29 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

here is the photo evidence
by riggyzomba
Wed Oct 05, 2016 1:41 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

Finally received disclosure. Have a look and let me know of any ideas. Thanks.
by riggyzomba
Wed Jul 13, 2016 8:39 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

So I hand delivered the ticket (because of potential Canada Post issues) on June 12, to request a trial. The clerk was very nice and provided me with a guide for people that are self representing, she explained what disclosure is and gave me a disclosure request form that was pre-populated with the court information on it. She said if I don't hear ...
by riggyzomba
Tue Jul 05, 2016 9:47 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

Whoops - sorry about the size. I guess it does matter.
by riggyzomba
Tue Jul 05, 2016 9:46 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

ticket...
by riggyzomba
Tue Jul 05, 2016 9:42 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Re: Insecure load - open for discussion

picture of insecure load
by riggyzomba
Tue Jul 05, 2016 8:50 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 15218

Insecure load - open for discussion

Hello - I'm a long time forum reader that has never really had much to contribute. Maybe that will now change.

A friend was driving through a construction zone where the local police were conducting a traffic blitz. They pulled him over and charged him with an insecure load. He has asked me to assist with disputing the charge. I have reviewed the ...
by riggyzomba
Wed Mar 20, 2013 11:14 am
Forum: General Talk
Topic: 15 days to select option
Replies: 3
Views: 2215

15 days to select option

Hello all,

In revieiwing some of the forums, I have come up with a question - it is not specific to any circumstance, situation or forum, but just a thought. From what I understand, an alleged offender has 15 days to select one of three options when a ticket is issued. An officer has seven days to submit his/her report/paperwork/tickets. Many ...
by riggyzomba
Fri May 04, 2012 3:14 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 51 over, speed measured via aircraft
Replies: 15
Views: 9387

Re: 51 over, speed measured via aircraft

Let me throw a curve ball out here. The Aeronautics Act states that a commercial air service is any use of an aircraft for "hire or reward". Hire or reward is further defined as any payment , consideration, gratuity or benefit directly or indirectly charged, demanded , received or collected by any person for the use of an aircraft. (Aeronautics Act ...
by riggyzomba
Fri Jan 27, 2012 11:24 am
Forum: Following too closely
Topic: No witnesses for FTC trial ?
Replies: 5
Views: 3565

Re: No witnesses for FTC trial ?

To update this issue; went to court and met up with the prosecutor prior to the start of the a.m. session. Had a brief discussion on the issue of following a non-moving vehicle. It appeared that the prosecutor had already predetermined in their own mind that the charges were going to be withdrawn because of that issue, so it was a fairly quick talk ...
by riggyzomba
Fri Jan 27, 2012 11:15 am
Forum: General Talk
Topic: How long does a conviction stay on your record?
Replies: 10
Views: 92043

Re: How long does a conviction stay on your record?

Just curious; does anyone know if a person can apply to have their driving record expunged after the three or five year time frame?

Thanks
by riggyzomba
Mon Sep 26, 2011 10:27 am
Forum: Following too closely
Topic: No witnesses for FTC trial ?
Replies: 5
Views: 3565

Re: No witnesses for FTC trial ?

Some other related questions - there have been several posts that state a person cannot follow a stopped vehicle. The only case law I see to support that is the decision in Regina v Robbins (1990) but that case is from B.C. It is, however, incorporated in R v. Haddad as a relevant statutory provision.

My questions are, is there any other case law ...
by riggyzomba
Thu Sep 15, 2011 10:58 am
Forum: Following too closely
Topic: No witnesses for FTC trial ?
Replies: 5
Views: 3565

No witnesses for FTC trial ?

My daughter was involved in a rear end collision and was subsequently charged with following too close. The person she hit lives approximately four hours away. We filed for a trial and it is scheduled for October. i requested for disclosure using both the prosecutors canned form as well as an attached letter copied from the Ticketcombat site.

I ...