Search found 324 matches

by screeech
Mon Mar 28, 2016 5:09 pm
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 3801

Re: Police officer didn't show up and JP rescheduled the tri

55 over is not a criminal charge...Adjournments happen all the time, for both sides, this is not uncommon or unusual. Just keep track of the adjournments, and who is asking for them for any future 11b arguments...
by screeech
Sun Mar 20, 2016 12:20 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Improper Mudguards?
Replies: 14
Views: 11826

Re: Improper Mudguards?

I'm curious...What were the weather conditions when you got stopped? If it was raining at the time, the officer will have good evidence as to the amount of spray coming up from your tires. Were you stopped for a different reason but the officer cut you a break giving this charge which is no points? When stopped, were you polite or did you talk ...
by screeech
Thu Mar 17, 2016 11:17 am
Forum: General Talk
Topic: number plates
Replies: 8
Views: 3652

Re: number plates

I am of the opinion that the origional plates cannot be confused with the Ontario plates, therefore, the Ontario plates can be put on, as well as leaving the UK plates there. The problem arrises when two plates, similar in size, shape and lettering type can be confused with the Ontario plates. I do not see that as being a problem in this situation.
by screeech
Fri Mar 11, 2016 6:54 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail To Stop
Replies: 34
Views: 11872

Re: Red Light - Fail To Stop

If there were a malfunction with the lights being out of sync, there would have been an accident or two because of it. That defence is not likely to work.
by screeech
Thu Mar 10, 2016 8:08 pm
Forum: General Talk
Topic: Paralegal/Lawyer Suggestions
Replies: 15
Views: 7322

Re: Paralegal/Lawyer Suggestions

Have you talked to the prosecutor yourself? it's free, and they are quite approachable...ask if they will take a plea to Disobey Lane Light, section 144(10) of the Highway Traffic Act, it is NO points...prosecutors love a guilty plea, they can get through the dockets quickly and save the trials for the more serious offences...There is a better than ...
by screeech
Thu Mar 10, 2016 7:54 pm
Forum: General Talk
Topic: Validation improperly affixed
Replies: 18
Views: 11053

Re: Validation improperly affixed

Quite often that charge is laid because the driver talked himself into it, or, the driver was getting a break on something else so the cop laid that charge which is no points. If the validation sticker is missing, it would still come up as valid when the cop ran the plate during the stop. If the plates came up as being valid, but the sticker was ...
by screeech
Thu Mar 10, 2016 8:10 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: G2, 1 month from full G test, 49 over. Clarification?
Replies: 8
Views: 6190

Re: G2, 1 month from full G test, 49 over. Clarification?

atleast talk to the prosecutor and see if they will drop it down a bit to a 3 point violation.
by screeech
Wed Mar 09, 2016 3:13 pm
Forum: Careless Driving
Topic: Careless driving - Community Service Hours - not done
Replies: 3
Views: 2720

Re: Careless driving - Community Service Hours - not done

They likely only extend the time period of he can show why they haven't been done, or well started yet...there must have been a effort put in on attempting to complete the hours.
by screeech
Wed Mar 09, 2016 3:11 pm
Forum: Driving While Suspended
Topic: Unusual situation. Licensed in US
Replies: 3
Views: 2741

Re: Unusual situation. Licensed in US

It was an old trick from way back, if you got suspended you would change your address to your cousin's address in another province, get a licence there, and keep on driving here...It flat out does not work...You will be charged and will get a further suspension on your licence if convicted.
by screeech
Thu Mar 03, 2016 11:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7846

Re: Lidar test before & after means?

"but it is doubtful it was working fine at 3 pm because it was not tested at 3:05 pm to verify it was still working fine." So, the radar was working ok at 7am, was not working at 3pm and it was working again at 7pm? Is that what you are saying?
Even though the officer may not have tested the radar at 3pm, the radar does an internal circuitry test ...
by screeech
Thu Mar 03, 2016 11:25 pm
Forum: General Talk
Topic: Detailed Disclosure Request for Radar Gun Ticket
Replies: 18
Views: 8090

Re: Detailed Disclosure Request for Radar Gun Ticket

"There are also some good cross-examination questions in there as well." There are also a pile of not so good cross examination questions in there, ...Those questions have been floating around for years, the problem with them is that they go on and on and on. The JP gets very impatient when you start asking all those questions and you can do ...
by screeech
Tue Mar 01, 2016 10:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6466

Re: Speeding in Algonquin

Officer likely noted the make, model, colour, and plate or partial plate as it went by. Will also say there was no other vehicle that went by of that description. Unless it was in total darkness, even then, same headlight and taillight configuration, sometimes they can pickout colour...
by screeech
Sat Feb 27, 2016 9:02 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9909

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

With no real aggravating factors, other than the speed, with a clean record, and on a guilty plea, there is an extremely low chance of any jail time...I really hope the OP keeps us informed on this...
by screeech
Sat Feb 27, 2016 7:18 pm
Forum: General Talk
Topic: Two questions...
Replies: 2
Views: 1888

Re: Two questions...

O. Reg. 161/00: VICTIM FINE SURCHARGES
by screeech
Sat Feb 27, 2016 7:11 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9909

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

First of all: what does OP stand for, exactly...I am aware of who the OP is in this matter, just not sure what that actually stands for...
Yes, the crown must prove the speeding over by 50Km/H or more, this is done with a speed measuring device being radar or laser, I reccon on a good day it could be done by a pace too...the other form of stunting ...
by screeech
Fri Feb 26, 2016 6:59 am
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9909

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

I totally disagree...That is why they lay both charges, stunt and speeding...so they have wiggle room to make a deal...I would be more than shocked if they didn't...please let us know how it goes...
by screeech
Thu Feb 25, 2016 8:57 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 13481

Re: Stopped for truck inspection, charter challenge 10 (b)?

"Being convicted of all of these charges will make you essentially uninsurable and unemployable as a driver." Not so, there are many, many truck drivers out there with horrible records, and yet they are still employed. He was driving an F450, so he may, or may not require an "A" licence...it depends what the registered gross weight is and if he is ...
by screeech
Thu Feb 25, 2016 8:11 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9909

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

It would have to be a summons for both... There is no way they would proceed to trial on both charges, the prosecutor will offer you a deal if you are willing to plead guilty to one...
by screeech
Thu Feb 25, 2016 4:24 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9909

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

Just make an appointment to go see the prosecutor and throw yourself on the sword...Both stunting and speeding are laid, so they have one to deal away, they are expecting to hear from you or an agent...If the prosecutor offers, I would reccomend taking the speeding charge, it shouldn't hurt as much when it comes to insurance...it is sure to sting ...
by screeech
Thu Feb 25, 2016 4:00 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 13481

Re: Stopped for truck inspection, charter challenge 10 (b)?

You are not the first truck driver to ever be stopped. Don't you think that if there were any chance at all for a charter arguement it would have been used, successfully in the past? Do not waste your time on it...The MTO and Police are well covered by statute to do what they did in regards to your stop. Yes, a class G licence is perfectly fine for ...
by screeech
Thu Feb 25, 2016 3:43 pm
Forum: General Talk
Topic: Not talking to the police
Replies: 5
Views: 2545

Re: Not talking to the police

I believe that section is for the folks who drive off-road type vehicles with an extra bank of lights up on the roll bars and things like that. You won't get a ticket just for having fog lights on.
by screeech
Mon Feb 22, 2016 9:48 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding unspecified offence (90 in a 70)
Replies: 11
Views: 3144

Re: Advice regarding unspecified offence (90 in a 70)

You have 30 days to appeal, not 15.
An officer cannot make corrections or amendments to a ticket once it has been issued.
by screeech
Mon Feb 22, 2016 9:29 pm
Forum: General Talk
Topic: Open Liquor (Boat)
Replies: 5
Views: 2474

Re: Open Liquor (Boat)

Yes, you can get impaired in a non motorized vessel...canoes and such...it's a goofy law, but it's tru
by screeech
Wed Feb 17, 2016 7:55 pm
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10287

Re: Got pulled over for driving a rental car. Legal?

"because most of the time the courts will always side with an officers"
Most of the time...Not all of the time...the courts will ALWAYS side with the officers...
But you are wrong on this...not too familiar with the WD decision are you?
by screeech
Tue Feb 09, 2016 2:24 pm
Forum: Careless Driving
Topic: Careless Driving. Suspension. Demerit Points Explanation
Replies: 14
Views: 5374

Re: Careless Driving. Suspension. Demerit Points Explanation

It shows no points for the careless driving because your suspension was your penalty, not the points. You get a suspension or points, not both. The escalating suspension thing is where as a novice you got a 30 day suspension this time, next time it escalates and you will get a longer suspension.
by screeech
Sat Feb 06, 2016 9:55 am
Forum: General Talk
Topic: Speeding ticket 15km/h over, what to do now?
Replies: 22
Views: 7757

Re: Speeding ticket 15km/h over, what to do now?

Argyll: You Rock!!
"the laser device measures distance so therefore should fall under the Canada Weights and Measures act but is not certified by them and therefore the speed evidence should be thrown out" ... Lidar does not measure distance, it measures time. Yes it does display distance, but that is a calculated number. Lidar only measures time ...
by screeech
Wed Feb 03, 2016 12:16 pm
Forum: Failing to remain at the scene of a collision
Topic: 3 charges and court summons
Replies: 10
Views: 5375

Re: 3 charges and court summons

"In order for any of these charges to stick, there MUST be a witness that can identify you as the driver".
That's not quite right...A fail to remain charge can go to the registered owner, unless the owner can prove that the car was stolen at the time of the incident. The careless and fail to report are driver charges.
by screeech
Tue Feb 02, 2016 11:26 am
Forum: Failing to remain at the scene of a collision
Topic: 3 charges and court summons
Replies: 10
Views: 5375

Re: 3 charges and court summons

"He also said it's not necessary that the witnesses will be there to testify against me".
The witness may not be there on the first court date, but if this goes to trial, the witness is most definitely required to testify against you.
by screeech
Sun Jan 31, 2016 9:51 pm
Forum: General Talk
Topic: Speedometer calibration and case laws
Replies: 8
Views: 5650

Re: Speedometer calibration and case laws

If tuning forks were required by law, they would be used, they are not. If the manufacturer said they definitely need to be used, they would be. Decatur cried the day tuning forks were no longer being used because they sold a lot of them to the various pd's as they would get lost a lot and have to be re ordered...Decatur never came out and said ...