Search found 486 matches

If the cop was using lidar (laser) then he could get the speed of both vehicles individually. It also means he has to take his eyes off one vehicle to target the other vehicle. If it's radar then he couldn't get the speed of both vehicles.

If the first vehicle is a Yukon and you're in a smart car, it would be pretty hard to see you. If it's the ...

Regarding all these issues about set fines, if the court can impose any fine they want within a range, can they also not indicate what fine they will impose by [wait for it] establishing a set fine as a guide for justices? I'm quoting myself I know but since reading the most recent decisions and judicial dissents I have to clarify this earlier ...

It was in Toronto - Bay and Bloor area. The set fine is $85 and total payable $110. Thought you mentioned that any fine for HTA 144 should NOT have a set fine listed since it's between 60-500 and if there is a set fine then it's an error and to contest it. Schedule 43 lists a set fine of $85. When you add the $20 victim surcharge + $5 court costs ...

lawmen wrote:MS. CARTER: I believe it'd be the Crown's submissions first as we're offering no defence evidence.

Lawmen: you just don't get it. Charter rights are so 1990s. This is Ontario 2008: Roll-over. Play dead. Good defendant.

Bookm wrote:How could this be a Strict Liability offence? It's Speeding! If you sped, you're guilty, right? (no option for due diligence).

Check out the case that I cited above: R. v. Araujo, 2008 ONCJ 507. They are treating s172 as a strict liability offence!

Should I ask for disclosure a second time if I didn't receive it? ... Should I be nagging them to send me stuff? You should definitely send a second request referencing the first. You should also state you are very concerned that they haven't responded. Their lack of response is not allowing you to prepare a proper defence or answer to the charge ...

lawmen wrote:http://www.canlii.org/en/on/oncj/doc/20 ... cj507.html

THE COURT: "I've got to tell you, that client should be here to see all of this careful and able work."

Hahahaha!

What a disgrace.

I truly hope the judge was being sarcastic.

The Crown is taking a position that this is a strict liability offence. Given two witnesses, both officers with equal credibility (!), the default judgement is with the defendant who gave the classic strict liability defence.

I'm concerned as to why the Cst. Donnelley did not say anything to Tapp while he was allegedly driving an OPP cruiser at 180 km/h on a dark country road (lots of wildlife), then turned him in SIX DAYS later. If this is the same Llyod Tapp who used to be the bouncer at the Alpine Motel on Kingston Road in the 80s, then not only would I not say ...

I can't comment on Peterborough specifically but I thought Attorney General rules are no mailouts, you have to pick up disclosure??

Most likely, given the short turnaround, disclosure will be ready just before trial. You can pick up disclosure on the day of trial and ask for an adjournment to go through it. If the disclosure is inadequate (and it ...

You gotta have cake!

Why would I have my insurance on me while driving his van? I keep my insurance papers in my jeep, doesn't everyone? I keep my insurance in my wallet in case I drive somebody else's vehicle. An insurance company will issue two sets of pink slips, keep one in the car and one in your wallet. You can ask for more copies if you have multiple drivers in ...

Spanky, you said the boss didn't put insurance in the van AND that you are concerned about your insurance going up. Why didn't you just provide your insurance as proof that you are insured?

You also mentioned the tires affecting the speedo?? There may be a "defence of causation" in that but you would need a mechanic to step up to the plate for you ...

I had the understanding that the court fees are added to the ticket whether you fight it or not, no??

The ticket already includes the set fine, victim surcharge and court costs. Going to court doesn't cost any more (except your time).

My fine went up when I lost. Two sets of fines.... I updated my site several times this week as I became aware ...

I have no clue why your insurance is cutting him a cheque when they haven't even invesitgated. Seems really odd to me. They'll get it back with interest from the increased premiums they'll charge over the next few years.

I also think they would have investigated. No one cuts a cheque without paperwork and line authority approval. Otherwise there ...

I looked at the POA and the 15 day limits. I'm trying to get outside that box. The Limitations Act gives two years upon "discovery". I believe CCC has no limitation for murder and I guess that's how they can reopen or retry. But I think there must be some "miscarriage of justice" clause or statute that allows exoneration when it can be shown you ...

Instead of "appeal", what about "reopen"? I'm thinking in terms of all the wrongly convicted (David Milgaard, Romeo Phillion, Thomas Sophonow, Guy Paul Morin, etc.) and how years later they got a new trial or were exonerated. Granted they fall under the CCC but what is the provision/approach used?

Selecting a Repair Shop
As long as your insurance company approves the estimate, you may have your vehicle repaired at the repair shop of your choice.

Your insurance company may suggest you bring your vehicle to one of their "preferred" body shops. You may find using one of their "preferred" shops easier, because it puts the onus on your ...

First there's Cuthbertson in R. v. ONeill, 2008 saying set fines don't apply unless they apply!

Then we've got Justice Boyko in York (Regional Municipality) v. Wilson (2005) saying set fines don't have to be correct. In London (City) v. Young, 2008, Justices Armstrong and Feldman respectfully disagreed with Boyko and said set fines have to be ...

I think we need to step back a bit and look at the forest. A lot of us were approaching this post as if it were traffic court. And that makes sense for piezomot's son's charge.

However the lawsuit is ordinarily beyond what we discuss here. I point this out because the civil case will not only consider who was within the law, but who was at fault ...

I think that this issue is the "fear" point of most people who wish to fight their ticket. The complexity of a speed fine.... :!: ...... this "should" be easy. I created a section on my website to provide comprehensive information on fines. At first I was just going to duplicate the charts for set fines, victim surcharge and court costs. As I got ...

I'm driving through an intersection today and the guy in the oncoming lane almost cuts me off trying to make a left turn. He's smoking a cigarette and talking on his cell phone. I would have honked but he was a cop in a marked cruiser. DOH!

lawmen: R. v. ONeill, 2008 , was an interesting read. At the end of it all I came away with the following: Set fines are for out of court settlements, not for penalties after trial. Therefore set fines shoul be be used on the ticket (which is bear's point - they have to write the set fines down on the ticket, not the HTA fines.) Finally (and here's ...

Since the only other possible date is before the Sunday, I would show up on the 12th and see if your name is on the docket. It's usually posted outside the courtroom. That will answer your question without any inquiry on your part.

If you requested the adjournment, the clock isn't ticking for an unreasonable delay argument. So even if it was ...

Talking about possible scenario, let's say the judge (small claims) would decide that the car driver is right and we must pay for the damage, shouldnt I re-address this towards my home insurance company so they will pay? Have you told your insurance company that you are being sued? Yes I did, they asked me to send them the plaintiff claim and they ...

I did a little more research into this. The fire route is covered under Section 7 of the Fire Protection and Prevention Act. The by-law is enacted under Part XIV of the Municipal Act.

I want to keep this as a handy reference for others who may want to know the charging acts.

I used to be in favor of banning cell phones while driving but I just don't trust this government to write fair and balanced legislation. It seems to me the same thing occurred just recently: we have a problem with street racing let's write a law about it let's charge thousands of people who aren't street racers If a cop sees someone with their ...

What about sidecars?

It's an interesting scenario. Theoretically the prosecutor could drop the ticket and the officer could issue a part 3 notice. But they'd really have to be out to get you to do that. I'm talking an Al Capone tax evasion kind of way. At that point it amounts to a battle of egos and wills, not a battle for justice.

As to how the judge sees it, I ...

If you manage to drive off before he places the ticket on your windshield, you're clear. The POA states that service occurs

at the time of the alleged infraction

not later. I don't believe you can mail a parking ticket to the owner.