Search found 324 matches

by screeech
Sun Jan 31, 2016 5:35 pm
Forum: General Talk
Topic: Got a ticket for: 144(10) Disobey Lane Light
Replies: 4
Views: 14104

Re: Got a ticket for: 144(10) Disobey Lane Light

When someone gets a ticket for running a red, or amber, when they fight it, the disobey lane light ticket is what they plea it down to. The red / amber light tickets are 3 points, disobey lane light is 0 points. It's a good deal, although there will be those that say you should fight it anyway...
by screeech
Sun Jan 31, 2016 3:25 pm
Forum: General Talk
Topic: Speedometer calibration and case laws
Replies: 8
Views: 5650

Re: Speedometer calibration and case laws

Radar accuracy is 100%. The speed shown will be within 1 unit of measure, due to the fact that radar can obtain a speed with a whole number and partial number (example: 125.9Km/H) the radar, will only produce the whole number, being 125Km/H in this example. The partial number is truncated down to the whole number. As for the speedometer accuracy ...
by screeech
Wed Jan 20, 2016 10:15 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
Replies: 23
Views: 10511

Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

Michelle Scott of Scott Paralegal, in Huntsville has some good fight in her.
by screeech
Tue Jan 19, 2016 10:33 am
Forum: Careless Driving
Topic: Careless Driving Charge
Replies: 5
Views: 2997

Re: Careless Driving Charge

I would hold off on retaining a paralegal until after any resolution offers. You may like the deal and take it without the paralegal being involved. If you don't like what is being offered, then perhaps contact a paralegal. Most paralegals will just go ask the prosecutor what kind of deal they can get for you, then charge you, you can do that for ...
by screeech
Tue Jan 19, 2016 10:29 am
Forum: General Talk
Topic: Wrong Address on Ticket - Resolution/Conviction wrong addres
Replies: 4
Views: 3494

Re: Wrong Address on Ticket - Resolution/Conviction wrong ad

Very unusual that it would be denied.
by screeech
Mon Jan 18, 2016 5:31 pm
Forum: Careless Driving
Topic: Careless Driving Charge
Replies: 5
Views: 2997

Re: Careless Driving Charge

It is an age old problem, police automatically charging careless driving when there is a lesser, proper charge to be laid. By laying the careless, they have wiggle room when you get into court. Your chances of getting this reduced is about 100%. You will likely get a deal of turn not in safety, drive off roadway, fail to drive in marked lane ...
by screeech
Mon Jan 18, 2016 12:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need help to decode police note and diretion
Replies: 21
Views: 7347

Re: Need help to decode police note and diretion

The officer will say that your car was passing the other vehicle (white sedan?), as well, the radar would have shown your reading, not the slower vehicles. Between the officer's visual observation and the radar reading, things look really good for the prosecution.
by screeech
Sat Jan 16, 2016 4:11 pm
Forum: General Talk
Topic: HELP!!! I am FREAKING OUT!
Replies: 9
Views: 3125

Re: HELP!!! I am FREAKING OUT!

They use to be registered letters but people would scribble their names when signing, if the name was illegible, then the courts would not convict...You are right, it is miserable, what if you were away on vacation for a couple of weeks, you drive home from the airport and get pulled over and find out you are "deemed served" while you were out of ...
by screeech
Fri Jan 15, 2016 4:45 pm
Forum: General Talk
Topic: Police failed to submit ticket to court?
Replies: 4
Views: 2346

Re: Police failed to submit ticket to court?

Not likely to be relaid.
by screeech
Fri Jan 15, 2016 1:15 pm
Forum: General Talk
Topic: Police failed to submit ticket to court?
Replies: 4
Views: 2346

Re: Police failed to submit ticket to court?

The officer has 7 days to file the origional ticket with the court it appears that was not done. There is an option for the officer to relay a charge within 6 months from the time of the offence which will be laid by way of summons. If this was just your garden variety ticket, and not stemming from something important like an accident, then it is ...
by screeech
Thu Jan 14, 2016 2:24 pm
Forum: Driver failing to wear a seat belt
Topic: The idea of failing to provide DL
Replies: 21
Views: 8959

Re: The idea of failing to provide DL

People have their own perceptions of the truth. Different angles an accident is viewed at, for example, can change things dramatically. This does not make one side lying and the other being truthful. Both sides honestly believe they are telling the truth, as they know it to be. That's why we have a trier of fact, to make a determination of guilt ...
by screeech
Wed Jan 13, 2016 9:42 pm
Forum: General Talk
Topic: LIDAR defense
Replies: 5
Views: 2965

Re: LIDAR defense

yes
by screeech
Wed Jan 13, 2016 11:49 am
Forum: Driver failing to wear a seat belt
Topic: The idea of failing to provide DL
Replies: 21
Views: 8959

Re: The idea of failing to provide DL

You are missing my point...no matter what name the driver gives, they can pull up that persons picture, if it doesn't match then the criminal investigation begins...There are many other investigative steps as well, not just with the picture...
by screeech
Wed Jan 13, 2016 10:51 am
Forum: Driver failing to wear a seat belt
Topic: The idea of failing to provide DL
Replies: 21
Views: 8959

Re: The idea of failing to provide DL

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.
by screeech
Wed Jan 13, 2016 10:13 am
Forum: General Talk
Topic: use of Service Plates to bring vehicles back to sales yard
Replies: 4
Views: 4949

Re: use of Service Plates to bring vehicles back to sales ya

Ok, I goofed up, you are NOT required to stop...please disregard my last...
by screeech
Wed Jan 13, 2016 9:55 am
Forum: General Talk
Topic: use of Service Plates to bring vehicles back to sales yard
Replies: 4
Views: 4949

Re: use of Service Plates to bring vehicles back to sales ya

Given the gross vehicle weight rating I believe you are still obligated to stop.
by screeech
Tue Jan 12, 2016 11:35 pm
Forum: General Talk
Topic: LIDAR defense
Replies: 5
Views: 2965

Re: LIDAR defense

They don't give out training certificates. It is accepted that the officer only needs to say that he was trained and was current in his certification. You can question him on his training and if the person who trained him was an instructor (if not, you win). Testing of the unit only needs to be done at the start of the day, and at the end, there is ...
by screeech
Tue Jan 12, 2016 6:43 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

Relying on getting things sorted out the next day is like closing the barn door after the horse got out...the courts won't buy that for a minute.
by screeech
Tue Jan 12, 2016 6:31 pm
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

Yup, that should work...but if it doesn't, just tell the Justice of the Peace that a leprechaun jumped into your car a moment before and told you that you didn't need to wear the seat belt, then jumped out just before the officer saw you...+++ This is not legal advice, only my opinion +++
by screeech
Tue Jan 12, 2016 1:19 pm
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

I have never heard of anything being a secondary offence. I am guessing you mean if the cops stop you for a primary type offence, then you can lay a secondary? in this case, that being the seat belt...if I am correct then, no, it is not a secondary offence, but then again, there are none in the HTA. I think the only secondary type thing in the HTA ...
by screeech
Tue Jan 12, 2016 1:15 pm
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

I do not think you do have a valid defence, that is why I say you should consider any deal the prosecutor is willing to give. Some prosecutors will let you plead to inoperative seat belt, and some won't.
by screeech
Tue Jan 12, 2016 8:57 am
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

Great notes by the cop. Even if you do take the stand and say you took off the seat belt when you entered the gas station, the officer saw you on the highway without it on. 2 points if convicted...if they offer the seat belt inoperative deal, you may want to seriously consider that, 0 points.
by screeech
Mon Jan 11, 2016 4:19 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

The thing about the No Insurance charge is that it is a reverse onus charge, meaning, it is up to you to prove you had insurance, not for the prosecution to prove you didn't. The prosecution must prove the other two charges but that won't be too hard really. You just request to go see the prosecutor and see what their position is. You have nothing ...
by screeech
Mon Jan 11, 2016 6:59 am
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

That's why he would have to take the stand. That section is more for the Purolator type delivery person.
by screeech
Mon Jan 11, 2016 12:08 am
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

There is an exemption under section 106(6)(c): "who is actually engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour". So you would have to take the stand to prove the exemption...driving with a seat belt ...
by screeech
Sun Jan 10, 2016 9:00 am
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20000

Re: Wasn't wearing seatbelt, was delivering a pizza...

It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence. Keep track of your requests, if you still don't get it in a timely ...
by screeech
Sat Jan 09, 2016 8:35 pm
Forum: Prohibited turns
Topic: Can she be re-fined?
Replies: 3
Views: 3032

Re: Can she be re-fined?

They can re lay a charge within 6 months from the origional offence date. So you may just be in a holding pattern until that date passes. Usually, however, they don't if it was not a very serious collision.
by screeech
Sat Jan 09, 2016 7:47 pm
Forum: General Talk
Topic: use of Service Plates to bring vehicles back to sales yard
Replies: 4
Views: 4949

Re: use of Service Plates to bring vehicles back to sales ya

You do not need to fill out log books for that type of trip. If you go to section 16(1) of the Highway Traffic Act, the definition of Commercial Motor Vehicle "does not include" (c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7(24) (g) or (h) that is not transporting passengers or ...