Search found 324 matches

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: 7451

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: 3770

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: 3912

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: 3912

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: 4826

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: 4826

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Where does it say they were all withdrawn because they didn't have the evidence to prove them?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: 2656

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: 11954

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: 19656

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: 11351

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: 2965

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: 11351

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: 4192

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: 15776

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
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by screeech
Sun Jan 01, 2017 1:29 pm
Forum: General Talk
Topic: is it legal? atv with snow plow
Replies: 10
Views: 6338

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?