Search found 324 matches

by screeech
Sun Oct 30, 2016 6:56 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: ticketed for 149km/h on 401 by PEEL POLICE
Replies: 13
Views: 4586

Re: ticketed for 149km/h on 401 by PEEL POLICE

If you opt for trial, the prosecutor will ask to amend the ticket back up to the origional speed of 154Km/H. If convicted, there will be a higher fine and the prosecutor can seek a licence suspension up to 30 day. The officer could have charged under the stunting section and impounded the car for 7 days as well as a 7 day licence suspension at the ...
by screeech
Sun Oct 30, 2016 5:58 pm
Forum: Courts and Procedure
Topic: Odds of succeeding in 11b motion?
Replies: 1
Views: 3191

Re: Odds of succeeding in 11b motion?

Where was the ticket issued? In Toronto, or around the GTA, it can take well over a year given the high volume of tickets given out and backlog of court matters.
I don't think it will fly anyway, 11.5 months is not horrible, but you are getting close for sure...
by screeech
Sun Oct 30, 2016 5:53 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: ticketed for 149km/h on 401 by PEEL POLICE
Replies: 13
Views: 4586

Re: ticketed for 149km/h on 401 by PEEL POLICE

All police officers are sworn in, In and For the Province of Ontario...jurisdictional argument will not be valid...a Thunder Bay City officer can write tickets in Metropolitan Toronto Police jurisdiction if they want, no problems...Tickets never say anything about points. The MTO deals with the points, not the police...Do you know if the officer ...
by screeech
Tue Oct 25, 2016 4:18 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 17402

Re: Insecure load - open for discussion

Retired officers still come to court...They still get paid to be there...It happens all the time...
by screeech
Mon Oct 24, 2016 4:17 pm
Forum: General Talk
Topic: MVA template
Replies: 5
Views: 7717

Re: MVA template

There are no big secrets with the codes, it is not sensitive material at all: Weather Conditions, Traffic Control, things like that...I can't see why they wouldn't
by screeech
Mon Oct 24, 2016 2:22 pm
Forum: General Talk
Topic: MVA template
Replies: 5
Views: 7717

Re: MVA template

Not knowing where you live or the accident happened: Try a collision reporting centre or go to local police station, they would likely let you look at one...
by screeech
Sat Oct 22, 2016 4:53 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 49km/h over
Replies: 10
Views: 3781

Re: Speeding 49km/h over

1-if the prosecutor won't reduce the charge you can either pay it as it is or go to trial, at which time they will likely ask to amend the ticket back up to the origional speed
2-the JP will not reduce a charge, if the prosecutor does not stand up and state that you have reached a resolution for their consideration, the JP will only ask you how you ...
by screeech
Sat Oct 22, 2016 4:08 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 49km/h over
Replies: 10
Views: 3781

Re: Speeding 49km/h over

If you both agree to a deal, you both still have to go before the JP, there is no getting around that. The prosecutor should put forth the resolution for the courts consideration. The court is not bound by any agreement between the parties. There is never a chance of conviction from the prosecutor, only the court can convict you, either after you ...
by screeech
Sat Oct 22, 2016 11:49 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 49km/h over
Replies: 10
Views: 3781

Re: Speeding 49km/h over

If you go see the prosecutor, that is your time to negotiate a deal. Put your best offer forward and see what the prosecutor says. There is no way this chage is just going to go away or be dropped down to no points...Sometimes the prosecutor will just come out and say what they are offering with very little room to negotiate. Due tot he fact the ...
by screeech
Sat Oct 22, 2016 10:13 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 17402

Re: Insecure load - open for discussion

In part: "commercial motor vehicle" means a motor vehicle having permanently attached thereto a truck or delivery body...People often argue that their pick up truck is not "commercial" as they use it for private use only...that belief is wrong...there are different definitions, rules and regulations for commercial motor vehicle depending on their ...
by screeech
Fri Oct 21, 2016 8:06 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 17402

Re: Insecure load - open for discussion

The NSC (National Safety Code) wouldn't apply as the person was charged with insecure load, not insecure load-commercial motor vehicle...and yes, it is a commercial motor vehicle...
by screeech
Fri Oct 21, 2016 9:16 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 over in a fifty
Replies: 18
Views: 4983

Re: 49 over in a fifty

You are wrong, lidar does not have to be checked against radar. Unless you have documentation to say your speedometer was calibrated at the time of the offence I doubt the court would let you tender evidence after the fact...If you take the stand and say you were speeding, by any amount, you will be convicted. Yes, prosecution witnesses go first ...
by screeech
Thu Oct 20, 2016 8:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

Please post the reply you get from the OPP or from the courts on this request...
by screeech
Thu Oct 20, 2016 1:00 pm
Forum: General Talk
Topic: RADAR- Bringing doubt to accuracy of device
Replies: 2
Views: 2247

Re: RADAR- Bringing doubt to accuracy of device

Unless you are going to have the authors of the book present for cross examination, they will not let you use the book...
by screeech
Sun Oct 16, 2016 5:52 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

Actually, you don't need radar, or lidar to prove speeding...the actual number given to the speeding charge is for sentencing purposes only...So, yes, the officer's opinion can cut it when he can state a motor vehicle was speeding...officer cannot say 120 in a 100 zone and give a ticket for that, however, the officer can say the motor vehicle was ...
by screeech
Fri Oct 14, 2016 11:00 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

You are too hung up on the radar thing...in this case the officer won't even need the radar
by screeech
Fri Oct 14, 2016 6:59 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

Well, it actually is a valid arugment...if there was no radar in the car, yes you can attack the calibration...if there was a radar, it won't be an opinion the officer is putting forth, it will be evidence, and therefore, quite relevant...the whole matter comes down to a small moment in time, can the officer state you were speeding, at some point ...
by screeech
Fri Oct 14, 2016 5:50 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

There won't be any speedometer calibration records...
If there was a radar in that cruiser, and there likely was, the officer will testify to the patrol speed on the radar confirmed with the speedometer in the car...
by screeech
Fri Oct 14, 2016 2:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: No disclosure after an adjournment - trial coming up
Replies: 7
Views: 3087

Re: No disclosure after an adjournment - trial coming up

The no section "flaw" has taken the appeal route: Hargan, Billinger, Goodman, Wong and in 2014 Martinez...Can't quash a ticket for no section number...
by screeech
Thu Oct 13, 2016 7:28 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

The officer will testify that you were driving above the speed limit, which is the sign that was disobeyed. The officer will testify why he thinks you were speeding and when the prosecutor is finished with him you will have your chance to cross examine. If you wish to tell the court that you were only doing 110Km/H, as was everyone else, you will ...
by screeech
Thu Oct 13, 2016 4:52 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11835

Re: Speeding ticket based upon calculations

You got a disobey sign charge because the cop did not get an actual speed reading on you. The disobey sign charge is 2 points...the early resolution deal of Speeding 115Km/H would be no points. When it comes to insurance either one would likely cause you grief. As for the pacing thing, the cop was likely pacing you way before you noticed him; he ...
by screeech
Tue Oct 11, 2016 5:42 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: No disclosure after an adjournment - trial coming up
Replies: 7
Views: 3087

Re: No disclosure after an adjournment - trial coming up

No section number on the ticket is not a fatal flaw...
by screeech
Mon Oct 10, 2016 7:13 pm
Forum: Stunt Driving
Topic: Stunt driving at 144 km/h in an 80 zone really need advise
Replies: 6
Views: 5472

Re: Stunt driving at 144 km/h in an 80 zone really need advi

The chances of you going to jail are almost 0% so I would not worry about that...If you go hire a paralegal or a lawyer you can expect to pay a large amount of money (I have heard as high as $3,000) plus you may still have to pay the fine on top of that. You will also have to pay to get your driver's licence reinstated, the tow fee and storage fee ...
by screeech
Sat Oct 08, 2016 10:12 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 17402

Re: Insecure load - open for discussion

#1 of course it is loaded...that is a non issue...the hearsay thing is not happening either...the charging officer will be the only prosecution witness and he will give his own direct evidence, the other cop just brought it to his attention...there would be no value to put that other cop on the stand...and if you did not get any disclosure about ...
by screeech
Wed Oct 05, 2016 7:49 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136(1)(a) trial - HELP
Replies: 7
Views: 4188

Re: section 136(1)(a) trial - HELP

If you hired a paralegal, why aren't they answering those questions? if they won't, or can't answer them, it is time for you to go get a new agent.
by screeech
Tue Oct 04, 2016 4:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Please Help
Replies: 1
Views: 1637

Re: Please Help

Do you want to appeal or do you just want to pay it, with extra time?
Under Section 111 of the Provincial Offences Act, you must pay the fine before an appeal is allowed. However, there is an exemption under that section as well where it is possible to have the fine provision set aside if you entre into a recognizance. There is a bit more to it, do ...
by screeech
Sun Oct 02, 2016 7:14 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45573

Re: Radar Manual- No tuning forks and No tracking history

"why are these people in this forum then? To spread half truths? It is a truly sad when some civil servants paid with tax payer dollars to serve and protect are more concerned with their own livelihood and power than they are about truth." Where are the half truths? Who said they were Civil Servants paid by tax payer dollars?
by screeech
Sun Oct 02, 2016 7:07 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45573

Re: Radar Manual- No tuning forks and No tracking history

The comparison of the patrol speed on the radar to the speedometer is a part of the tracking history...
by screeech
Thu Sep 29, 2016 8:40 am
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45573

Re: Radar Manual- No tuning forks and No tracking history

Perhaps people who allegedly know about these things don't want to give too many details as having too much education out there may affect their livelihood...the vip is used to help reduce lag time between the car and the radar which eliminates batching...now you will ask, what's batching? the vip also eliminates the shadowing effect as explained ...