Search found 324 matches

by screeech
Mon Jun 19, 2017 7:24 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a school bus questions
Replies: 5
Views: 5569

Re: Failing to stop for a school bus questions

If the car is not registered to you, there is no fear they will show up at your house, the only way that would happen is if they could positively identify you...they may show up at the registered owners house though...you may want to have a chat with the registered owner and advise them the possibility does exist that the police may end up knocking ...
by screeech
Tue Jun 13, 2017 7:16 am
Forum: Hand-held devices
Topic: Meeting with the prosecutor tomorrow, need help ASAP!
Replies: 11
Views: 4533

Re: Meeting with the prosecutor tomorrow, need help ASAP!

The minimum fine is $300...prosecutor may, or may not go for that...you can also ask for extra time to pay.
by screeech
Fri Jun 09, 2017 1:57 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 14425

Re: Failed to stop for school bus

Am I missing something...who said "forces" the officer to lay a charge?
EphOph, what was the outcome of that trial where you helped a person fight their ticket?
by screeech
Tue Jun 06, 2017 7:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: officer transcript says I was going 85,85,85km... an angle?
Replies: 5
Views: 2367

Re: officer transcript says I was going 85,85,85km... an ang

The officer got 3 readings of you doing 85...you were doing a steady speed of 85...no angles, no typos...good notes by the officer...
by screeech
Mon Jun 05, 2017 7:21 am
Forum: General Talk
Topic: French Court In GTA and Hamilton
Replies: 2
Views: 1810

Re: French Court In GTA and Hamilton

Yes the officers will still show up, translators are used...
by screeech
Sun Jun 04, 2017 11:45 am
Forum: General Talk
Topic: Speeding Ticket using DashCam Footage
Replies: 5
Views: 5825

Re: Speeding Ticket using DashCam Footage

Distance alone will not get you a speed, you also need time between the objects to be able to calculate speed. Then there is the parallax effect in the video which may throw off the exact distances between objects...I would say there is not a court in the land that would convict on a straight speeding charge based on a video alone, even if you ...
by screeech
Wed May 31, 2017 8:33 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
Replies: 16
Views: 14425

Re: Failed to stop for school bus

I would like to counter what jsherk in part..."if the police come to door you can ask them to leave your property (unless they have a search warrant)". Perhaps the nice police officer was there to follow up on a complaint, was going to issue a warning, education over enforcement perhaps, but since you played the get off my property card he will do ...
by screeech
Thu Apr 27, 2017 7:11 am
Forum: General Talk
Topic: Red light ticket, CVOR
Replies: 2
Views: 4778

Re: Red light ticket, CVOR

The MTO will do a search on commercial plates and if there is a cvor # attached they will issue the cvor points, if there are any. Often police officers don't even know what a cvor # is and don't put it in, for any charge, when the mto gets the conviction notice they search it and assess the points to the plate holder.
by screeech
Wed Apr 05, 2017 8:00 am
Forum: General Talk
Topic: Speeding ticket with fatal error?
Replies: 34
Views: 23322

Re: Speeding ticket with fatal error?

How could the officer amend the ticket after he filed it?
Once it is filed, it is in the courts hands, it is not retained by the police...
by screeech
Fri Mar 24, 2017 6:50 pm
Forum: Compulsory Automobile Insurance Act
Topic: Electronic Proof of Insurance Cards - accepted by LEOs?
Replies: 19
Views: 19518

Re: Electronic Proof of Insurance Cards - accepted by LEOs?

A copy of the insurance card is not ok...a copy of the ownership is...
by screeech
Fri Mar 24, 2017 6:58 am
Forum: General Talk
Topic: Operating Licence
Replies: 1
Views: 1953

Re: Operating Licence

Just go to Service Ontario and as them to run the number.
You can always go to one of the MTO weigh scale stations and they will run the number on their system...CVOR's are now on an annual renewal...so I would think your number is long since expired...
by screeech
Fri Mar 24, 2017 6:55 am
Forum: Compulsory Automobile Insurance Act
Topic: Electronic Proof of Insurance Cards - accepted by LEOs?
Replies: 19
Views: 19518

Re: Electronic Proof of Insurance Cards - accepted by LEOs?

The council may propose the change but it will have to be passed through a change in the legislation if the police are to accept them. I see too many problems with an electronic version of any document...Electronic versions of Log Books for commercial motor vehicle drivers is common now, however, they must still be able to print out a copy of their ...
by screeech
Fri Mar 24, 2017 6:48 am
Forum: Compulsory Automobile Insurance Act
Topic: 22 yr. old son charged with no insurance; help please!
Replies: 5
Views: 3386

Re: 22 yr. old son charged with no insurance; help please!

There is case law that says minimum fines are not to be lowered...having said that, some Justices of the Peace will still lower it...it will be a *EDIT* shoot when you get into court as to which one you will get...so asking for relief under section 59(2) of the Provincial Offences Act may not work.
by screeech
Fri Mar 17, 2017 5:10 pm
Forum: Compulsory Automobile Insurance Act
Topic: No insurance ticket
Replies: 14
Views: 5254

Re: No insurance ticket

There is a zero% chance of you going to jail...
by screeech
Mon Mar 13, 2017 7:57 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a school bus / handheld device
Replies: 7
Views: 4713

Re: Failing to stop for a school bus / handheld device

Set fines are for those that wish to pay their fine and not dispute the ticket. Once you choose to go to trial, the set fines are out the window...Under section 78.1(6.1) -the penalty section: " every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $1,000 ...
by screeech
Sat Mar 11, 2017 10:58 am
Forum: Hand-held devices
Topic: Received Notice of Trial - need advice on next step
Replies: 24
Views: 8983

Re: Received Notice of Trial - need advice on next step

R. v. Pizzurro: the Crown does not need to prove the cell phone was capable of receiving or transmitting in order to convict him under S. 78.1(1)
R. v. Gill: the defence argued that the device could have been a toy...From the Judge "people do not normally talk to themselves with an object held to their ear. This would draw in this Court's ...
by screeech
Tue Feb 28, 2017 7:43 am
Forum: General Talk
Topic: Speeding ticket - court in 10 days
Replies: 7
Views: 4065

Re: Speeding ticket - court in 10 days

It is never too late to ask for disclosure. The issue becomes if the JP will let you adjourn it to review or not. You should still have lots of time if they send the disclosure very soon.
If convicted at 20 over at trial the fine would be $90+ =$115
by screeech
Mon Feb 27, 2017 5:43 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 4102

Re: Making Statements to Police Officers

"As always, anything you say can and will be used against you".
Not true...if it were true there would be no need for voir dires...
by screeech
Thu Feb 23, 2017 5:16 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 4102

Re: Making Statements to Police Officers

It is $2,000 or personal injury...then you must report it...
If there is no damage, as in your scenario, no obligation to report
by screeech
Fri Feb 03, 2017 10:08 pm
Forum: General Talk
Topic: Worried about my cvor abstract
Replies: 4
Views: 5241

Re: Worried about my cvor abstract

That inspection was a level 1, which means it was done by a certified MTO inspector (be they actually MTO or Police) A level 1 is a full inspection where they look at everything from front to back including going under the cmv...During this inspection, the inspector found the 4 defects which they would have noted on the commercial vehicle ...
by screeech
Fri Feb 03, 2017 10:00 pm
Forum: General Talk
Topic: Worried about my cvor abstract
Replies: 4
Views: 5241

Re: Worried about my cvor abstract

Where does it say they were all withdrawn because they didn't have the evidence to prove them?

You don't need to have a conviction to get cvor points...just having a defect is enough...it does not need to have a conviction associated to it, the defect just has to exist.
by screeech
Sun Jan 22, 2017 4:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: why no signature and more, 80 in a 50
Replies: 5
Views: 2935

Re: why no signature and more, 80 in a 50

If it timed out, it was a laser, not radar...radar does not time out and blank the info...
by screeech
Fri Jan 20, 2017 5:18 pm
Forum: Failing to obey signs
Topic: Disobey Sign Section 182(2)
Replies: 22
Views: 13181

Re: Disobey Sign Section 182(2)

The officer will produce a copy of the ownership which will show the registered gross weight. That weight, as you say is 8,000Kg, therefore, you are well over the 5 ton rule...The ownership will also have an empty weight on it: is that over 3,000 tons?
by screeech
Sun Jan 15, 2017 6:01 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 22319

Re: Two stop sign infractions but one ticket?

Disclosure is an ongoing process where the defendant must take an active role. If you wait until court to ask for a typed written break down of the officers notes, the Jusitce of the Peace will question you as to what efforts you made to get a typed version of the notes...at trial, the JP may, or may not, adjourn the matter...The notes are not that ...
by screeech
Tue Jan 10, 2017 7:53 pm
Forum: Improper passing
Topic: Charged with incorrect section of 148 - How to fight it?
Replies: 16
Views: 13387

Re: Charged with incorrect section of 148 - How to fight it?

Even if you don't mention it to the prosecutor, ever, and this goes to trial, the prosecutor can ask to amend the charge. You will be given a chance to object to it but the prosecutor will have a very good chance at getting the amendment. The evidence will show exactly what happened and the amendment is to another subsection within the main section ...
by screeech
Mon Jan 09, 2017 10:42 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 35km over reduced to 20km- STUDENT
Replies: 4
Views: 3153

Re: 35km over reduced to 20km- STUDENT

If you were convicted of Follow too Closely, it is 4 points, not 2...
And if you fight this ticket, they will bump the speed back up to 35 over, which will be 4 more points if convicted...
by screeech
Sun Jan 08, 2017 4:04 pm
Forum: Improper passing
Topic: Charged with incorrect section of 148 - How to fight it?
Replies: 16
Views: 13387

Re: Charged with incorrect section of 148 - How to fight it?

"He pulled me over, but was very unclear about the reasons" So...you had no Idea why the cop pulled you over? Remember that part where you said "just barely got in front of the car I was passing to avoid a head on collision" I wonder if that had anything to do with it...
by screeech
Sat Jan 07, 2017 12:39 pm
Forum: Careless Driving
Topic: Just got slapped with a Careless Driving/Speeding two-fer...
Replies: 10
Views: 4593

Re: Just got slapped with a Careless Driving/Speeding two-fe

Given the scenario as posted by the OP, there is no chance of being convicted for careless drivng...Speed alone does not constitute careless driving, and if the weather was as he sated, there is no reasonable prospect of conviction...
by screeech
Sun Jan 01, 2017 8:49 pm
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17817

Re: Careless driving - left turn causing collision

Post from 27 Jul 2010:
follow too close is not an included offence in careless. It's just often the offence that people plea to when charged with careless. However, you can not be convicted of follow too close at a trial for careless, or vice versa.
_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.
by screeech
Sun Jan 01, 2017 1:29 pm
Forum: General Talk
Topic: is it legal? atv with snow plow
Replies: 10
Views: 6652

Re: is it legal? atv with snow plow

Petawawa has no by-law allowing atv's to run on their roadways...so I would agree with you, you are screwed...Have you approached your town counsel to see if they would consider an atv by-law?