Search found 324 matches

by screeech
Sat Jan 09, 2016 1:23 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

There can also be a licence suspension under that act as well...
by screeech
Fri Jan 08, 2016 2:27 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

There is no set fine for a no insurance charge as well as the Use Validation Not Furnished For Vehicle charge , therefore, they have to be summones. If properly laid, the other charge should also have been a summmons. A lawyer or paralegal will charge a pile of money to defend this charge ($1,500-$2,000 type of thing) for which he says he is guilty ...
by screeech
Fri Jan 08, 2016 11:00 am
Forum: Failing to lower headlamp beams
Topic: 2 tickets, 2 different courthouses. Cop says Quota System.
Replies: 23
Views: 10675

Re: 2 tickets, 2 different courthouses. Cop says Quota Syste

Wow, you got pulled over for stunt driving and got those tickets! You should change your name to LuckyDuck...
by screeech
Fri Jan 08, 2016 10:56 am
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

I knew there was more to this story...Charge #3 cleared up the mystery of the seized plates...Prosecutor would likely take a plea to the insurance charge and withdraw the other two...Given the fine amount, you can request an extended amount of time to pay (a year), if you are making regular payments within that year, you can ask for a further ...
by screeech
Fri Jan 08, 2016 10:45 am
Forum: Stunt Driving
Topic: pulled over going 166 400 south 17 years old g2
Replies: 15
Views: 11248

Re: pulled over going 166 400 south 17 years old g2

Not all prosecutors defer to the officer's opinion. Once the charge is laid, it becomes the prosecutor's territory and some of them do not care what the officers thinks. The better prosecutors will ask for the officer's opinion on a case as they were the ones dealing with the accused on the side of the road (this is where the whole be nice to the ...
by screeech
Thu Jan 07, 2016 8:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 79 in a 50, question about officer's notes
Replies: 7
Views: 3167

Re: 79 in a 50, question about officer's notes

Agreed...courts have accepted an experienced officers abiltiy to quickly determine if a motor vehicle was speeding, even if they just popped up over a hill...That optical sight has 8X magnification
by screeech
Thu Jan 07, 2016 8:03 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

I agree, just trying to figure out why they were seized to begin with...they would not be seized for no insurance or for an expired val tag.
by screeech
Thu Jan 07, 2016 1:19 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9700

Re: No Insurance, no permit

If those plates were in your name, and were for that car, I don't know why the plates were seized. What exactly were the two charges? (including section numbers)...
by screeech
Thu Jan 07, 2016 10:22 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 79 in a 50, question about officer's notes
Replies: 7
Views: 3167

Re: 79 in a 50, question about officer's notes

They don't have to visually estimate the speed, that has been gone for quite a while. The officer must be able to say the vehicle appeared to be traveling at a rate of speed which was higher than the posted speed limit (if actually posted), or just higher than the speed limit if not posted. You can ask for the whole manual in disclosure but you won ...
by screeech
Sun Jan 03, 2016 8:47 am
Forum: Stunt Driving
Topic: pulled over going 166 400 south 17 years old g2
Replies: 15
Views: 11248

Re: pulled over going 166 400 south 17 years old g2

There is little to no hope that they will reduce the charge to 49 over. If you were doing in the low 150's, maybe, not at 66 over the limit. Given your young age, and the very high rate of speed, I highly doubt you will get a deal on this. Likely the only break you will get is the amount of the fine, again, given your young age, and ability to pay ...
by screeech
Sat Jan 02, 2016 11:09 pm
Forum: Careless Driving
Topic: Careless driving charge HELP!
Replies: 5
Views: 2938

Re: Careless driving charge HELP!

You are heading in the right direction. The prosecutor will likely offer a plea deal early. Don't take the deal until you are very sure of your position. Deals can be made and accepted or rejected right up to the very moment the trial begins, it depends on the prosecutor. Even JP's will stand down cases so the prosecutor and defendant can discuss ...
by screeech
Fri Jan 01, 2016 8:00 pm
Forum: General Talk
Topic: Snow Clearing of Car Question -Section 74 (1A)
Replies: 8
Views: 4397

Re: Snow Clearing of Car Question -Section 74 (1A)

If there was an obvious mistake on the cops part, and it sounds like there was, the prosecutor should just withdraw the charge as there is no likelyhood of conviction. Only the front windshield, and the windows in the driver's compartment need to be clear. If the cop is saying it was because of windows in the rear that were not able to afford the ...
by screeech
Fri Jan 01, 2016 6:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop, multiple errors in officers notes
Replies: 5
Views: 2753

Re: Disobey stop, multiple errors in officers notes

What will that dash cam video show? You never said you stopped. If the video shows you did not stop, there is a good chance you will still be convicted, even with the problems with the notes.
You will more than likely be given an adjournment, however, they may say you should have asked for the video sooner, you waited 19 days before requesting ...
by screeech
Wed Dec 30, 2015 11:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First offence. Interesting situation need help!
Replies: 2
Views: 2170

Re: First offence. Interesting situation need help!

The thing about disclosure is, you can't just sit in the bushes and do nothing then leap out at the last minute saying you never got it and want to put it over. The JP may rule against you for waiting until trial day to bring it up. You have to show you actively went after disclosure, and if not obtained in a reasonable amount of time, you have to ...
by screeech
Tue Dec 29, 2015 4:47 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First Ticket - 131km/h on 401
Replies: 3
Views: 2308

Re: First Ticket - 131km/h on 401

The wrong plate number is a non issue. The witness box is for the prosecution side, it lets the prosecutor know how many witnesses he will have should this matter go to trial (it has to do with the amount of time the prosecutor requests for trial).
by screeech
Tue Dec 22, 2015 2:29 pm
Forum: Courts and Procedure
Topic: Got wrong offence in notice of fine after pleading in court
Replies: 2
Views: 2941

Re: Got wrong offence in notice of fine after pleading in co

And may I add, make sure you take care of this within the 90 days. If you fail to rectify the problem or do not pay within the 90 days, your licence will be suspended.
by screeech
Tue Dec 22, 2015 1:27 pm
Forum: Courts and Procedure
Topic: Got wrong offence in notice of fine after pleading in court
Replies: 2
Views: 2941

Re: Got wrong offence in notice of fine after pleading in co

You could go to the court house, speak with the clerk to see if it was some form of a clerical error. I would hope they could take it to a JP to have it properly amended. If not, you will have to appeal.
by screeech
Tue Dec 22, 2015 11:00 am
Forum: General Talk
Topic: unpaid fines
Replies: 3
Views: 1862

Re: unpaid fines

I have seen a person charged for drive under suspension for unpaid fines from the 70's...As stated above, they won't ever go away. It is quite common for a person to be suspended in Ontario and use a relatives address in another province to get a new licence thinking they can drive in Ontario, they can't. They will be charged for driving with a ...
by screeech
Mon Dec 21, 2015 9:02 pm
Forum: Improper left turn
Topic: Left Turn Fail to Afford.... fatal error?
Replies: 1
Views: 2865

Re: Left Turn Fail to Afford.... fatal error?

No it is not...Even if you do nothing with the ticket and it goes to a J.P. for processing, it will still be considered complete and regular on its face even without the section number and a conviction registered.
by screeech
Sun Dec 20, 2015 1:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar and GPS
Replies: 15
Views: 6027

Re: Radar and GPS

Metro and OPP have them. Not sure where else. I don't see how it is a violation of any rights, you are not being stopped unless there is a possible violation.
by screeech
Sat Dec 19, 2015 1:33 pm
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 11405

Re: No light on bike after dark

I wouldn't think so, there is no distiction in the definition.
by screeech
Sat Dec 19, 2015 10:31 am
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 11405

Re: No light on bike after dark

You can only play the motion of non suit card after the Crown has tendered all of their witnesses. Once the Crown has concluded their case you can make the motion. I am still having a very hard time with the whole sidewalk not being a part of the highway thing. Even ditches are considered highways if between the property lines, why wouldn't a side ...
by screeech
Sat Dec 19, 2015 9:03 am
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 11405

Re: No light on bike after dark

Ontario Court of Justice: Schedule 43 – Last Updated: September 1, 2015: Improper bicycle lighting 62(17) $85.00
You will find the short form wordings for each charge as well as the fines on that site.
by screeech
Fri Dec 18, 2015 10:16 am
Forum: Failing to obey signs
Topic: Fail to yield left turn traffic on a green light
Replies: 10
Views: 5667

Re: Fail to yield left turn traffic on a green light

Use to be it was better to take paper charges than a moving violation charge...I stand corrected
by screeech
Fri Dec 18, 2015 10:14 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 29km/hr over reduced to 10km/hr over
Replies: 26
Views: 8790

Re: 29km/hr over reduced to 10km/hr over

Although you drive a small vehicle, it becomes a stronger reflected signal the closer it gets to the radar unit. Yes, if your little car is beside a pickup truck at 200m, at the same rate of speed, the radar will produce the pickup trucks speed. However, if the truck is at 200 m, and you are at 100m, you now may become the stronger reflected signal ...
by screeech
Thu Dec 17, 2015 5:13 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 19258

Re: truly was not speeding

Well, I can't say I have ever seen that one in court before...If I had to take a semi educated guess, it is not going to happen this time either. The data you seek will be unreliable at best. The vin may give you the make, model and engine size...your weight will not be accurate given after market additions to the cruiser for such equipment as ...
by screeech
Thu Dec 17, 2015 10:03 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 19258

Re: truly was not speeding

I am curious, how can a vin number be key to your defence?
by screeech
Mon Dec 14, 2015 1:15 pm
Forum: General Talk
Topic: Officer issued wrong ticket to me
Replies: 14
Views: 4813

Re: Officer issued wrong ticket to me

You should also think of the other person involved. That person too needs to be aware of the problem so they can properly take care of business. If you hold on to their ticket for the 6 months, they may have been convicted and their licence suspended if not paid with in a certain time frame. You don't know the other person's situation in life ...
by screeech
Mon Dec 14, 2015 9:24 am
Forum: General Talk
Topic: Officer issued wrong ticket to me
Replies: 14
Views: 4813

Re: Officer issued wrong ticket to me

If someone else got your ticket, and threw it out, or just ignored it, you may find yourself with a conviction against you and your licence suspended for unpaid fines at some point. The big thing here is that you were not personally served the ticket. The officer signs each ticket certifying he has personally served the person named, your ticket ...