Search found 324 matches

There is almost a 0% chance of a deal being made on this. Prosecutors may drop a stunt speed if they are over 2 or 3 Km/H maybe even a bit more on a good day, but being over by 68, not going to happen. You will be fighting the stunt charge as laid.

Yes, an officer must say that they saw the vehicle going at a rate of speed which appeared to be faster than the posted speed limit. There is a case law on that. It was that way for years and years, then, the speed estimation thing came in, didn't last too long and the visual observation of speeding is back in (not that it ever officially left ...

1: Yes
2: It certainly can be the silver bullet or the wooden stake. Lower courts must follow ruling from higher courts: Stare Decisis principle
4: The officer does not have to say he made a speed estimation. All that is required is that he says he observed your vehicle which appeared to be going at a rate of speed higher than the posted speed ...

The officer does not need to pull in behind to pace. The officer could be going a steady speed while in front and the target vehicle gained on his vehicle and passed.

"Officer told me I passed him doing 130". So who was doing the 130? the cop or the target vehicle? If the target vehicle passed doing 130 you have a radar charge. If it was the ...

"The officer can testify that you were speeding and that he knows you were speeding because he paced you, visually estimated your speed, or used radar/laser. Any of these methods if done correctly will support a conviction"

No court in the land will convict on a visual estimation. Speed estimations use to be used as a part of tracking history only ...

may i also mention that it was issued under Highway Traffic Act by an OPP and it was on a residential street...

A residential street is a highway as defined by the Highway Traffic Act. The OPP, or any other sworn Ontario police officer, can lay a charge anywhere in the province, not just the location they normally work at. (so a Metro Toronto ...

The police do not send a copy to the insurance company.

Sorry, forgot to include Section 200:

Duty of person in charge of vehicle in case of accident

200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible ...

There are several charges in the Highway Traffic Act where the investigating officer does not need to prove who was driving. There are times when charges may be brought against the registered owner for violations such as passing a school bus which is stopped, lights on and a car blows by. If the plate number is captured by witness, or camera, the ...

Absolute Liability

Sorry, I read it wrong...Decatur is correct...

Stunt Driving: Section 172 HTA,
Regulation 455/07 Section 2 (1) 3 iii "repeadedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed".
Driver's licence will be suspended for 7 days, vehicle gets towed and ...

It will show the distance as well as the speed. The distance, however, is not an essential element and is not always recorded by the officer.

L.I.D.A.R. Light Detection And Ranging. Speed is calculated by time of flight...A pulse of light goes out at a known speed, a timer is started...a portion of the beam is returned to the source and the time is stopped. Knowing how long the pulse of light has been gone will give you a distance. Two pulses can be compared to calculate a speed. This ...

A road test, for moving radar, is 100% required. It always has been required and always will be required.

Tuning forks have not been used here since '07. Even when they were required here, they were not required in all U.S. states, either Florida or Michigan never required the tuning fork test (I forget which one). Tracking history is still required, they just took it out of the manual (I am a little stumped on that one, it's not in the manual yet it ...

Not all U.S. States required the tuning fork test, even when we did. It was either Michigan or Florida that did not require the test to be done. I am sure Ontario stopped using the tuning forks back in '07. Calibration is done on a technician's bench somewhere, police officers test the device according to the manufacturers instructions, they don't ...

Hmmm, if I had to guess...a lot of officer reports are being done by civilian data entry people, they just call up, leave a recorded message as to what they want the report to say the data entry person puts the verbal report on the occurrence report on the computer system. This is a new way of freeing up officers from spending too much time in the ...

If something goes wrong with a person learning how to ride a motorcycle, and there is some form of accident you are liable for, either causing damage to mall or another persons property, or if any person is injured, you will really, really wish you had insurance. If you are not covered by insurance, you are leaving yourself wide open for a civil ...

There is no list to say what offences are strict or absolute liability. If there is a specific offence you need to know about, do research in case law on that particular charge. There is often a determination made in case law.

When you open your hood, there is a sticker on the cowling somewhere that talks of emissions. The inspectors will need to read that to do their inspections. The inspectors will do gas or diesel exhaust inspections.
Generally, MTO inspectors won't do the emissions inspections, that is more in the world of the Ministry of the Environment inspectors ...

Under section 216.1 of the HTA, (Power of Officer to Examine Commercial Vehicles) it gives the police or "any officer appointed for carrying out the provisions of this act" (mto inspectors) the right to pull over cmv's and do the inspections. As well, "the driver, operator or other person in control of the vehicle shall assist in the examination ...

If there is a conviction registered, and after the appeal period (30 days), they are disposed of (smashed up-put in garbage)
If there is no conviction, they are returned to the owner.

Cost: $140 + costs and victim surcharge = $170
Points: 3
It does not matter if the radar detector was in the window or not.