You need to edit your post and put the right dates in. We are still in 2008 not 2009.
You can try and fight the ticket because let's face it, you really have nothing to loose at this point except time and gas (or bus fare).
Basically all you've got to fight the ticket is: an advanced disclosure request strategy,
hope the cop doesn't show up or ...
Search found 486 matches
- Mon Oct 27, 2008 3:40 pm
- Forum: General Talk
- Topic: Expired Sticker
- Replies: 3
- Views: 5168
- Mon Oct 27, 2008 11:27 am
- Forum: Failing to obey signs
- Topic: Disobey Sign - No Trucks 7pm - 7am
- Replies: 5
- Views: 9762
Re: Disobey Sign - No Trucks 7pm - 7am
You have basically two solid arguments to use and an excellent chance of fighting the ticket.
First, you have the defence of necessity: there was no reasonable legal alternative for you other than to drive on. (note: you better make sure that the route you drove on was THE ONLY ROUTE you could have gone, not just the shortest route if a longer ...
First, you have the defence of necessity: there was no reasonable legal alternative for you other than to drive on. (note: you better make sure that the route you drove on was THE ONLY ROUTE you could have gone, not just the shortest route if a longer ...
- Mon Oct 27, 2008 11:16 am
- Forum: General Talk
- Topic: Parking Ticket - Ticket placed on car once in a legal spot
- Replies: 7
- Views: 3703
Re: Parking Ticket - Ticket placed on car once in a legal spot
Serving you the parking ticket is covered under the Provincial Offences Act and it states:
Service on owner
15(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,
(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or ...
Service on owner
15(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,
(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or ...
- Fri Oct 24, 2008 5:42 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 7011
Re: notice of motion?
CT [sic], if a stop sign isn't in both languages does this mean the stop sign is of no force as well? Unfortunately no. Throughout Europe, even in France, the stop signs say "Stop". Quebec did have the whole "Arrªte" issue during the language law error but even Montreal has signs that read "Stop" not "Stop/Arrªte".
Also Reg 615 decrees "Stop" for ...
Also Reg 615 decrees "Stop" for ...
- Fri Oct 24, 2008 2:33 pm
- Forum: Going the wrong way on a one-way road
- Topic: 1 way street what is it?
- Replies: 23
- Views: 11652
Re: 1 way street what is it?
Why do they have to provide a copy of the bylaw? I cover this in more detail on my site (Step3-->Find the Act). Basically municipalities enact by-laws regulating speed, parking, turns, etc. Then they erect the sign. The sign is meaningless without the by-law. Typically the prosecutor will submit the whole by-law (must be a certified copy) at the ...
- Fri Oct 24, 2008 11:24 am
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 7011
Re: notice of motion?
Thanks again for the positive feedback. I just want to clarify a very important point about the bilingual argument. bear in mind, a community must've passed a by-law recognizing it in order for a accused to rely on it. This is the argument the City of Toronto made on appeal. They lost. The court determined that the by-law was not necessary as the ...
- Fri Oct 24, 2008 11:09 am
- Forum: Going the wrong way on a one-way road
- Topic: 1 way street what is it?
- Replies: 23
- Views: 11652
Re: 1 way street what is it?
Where could I find this by-law? You don't. The prosecutor has to file the by-law in court. They should release it to you when you request disclosure. DO NOT REQUEST THE BY-LAW!!! If you do, they'll give it to you. Instead, request disclosure and when they forget to give it to you and try to file it in court, argue improper disclosure.
I am gonna ...
I am gonna ...
- Thu Oct 23, 2008 6:21 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 7011
Re: notice of motion?
I read your site. You make some great points and offer great advice.
Everyone needs to read it. Thanks for the positive feedback lawmen. I respect the points you've made on so many posts. You're giving me a perspective I did not know about, particularly the conflict between sections of the HTA which I found very interesting.
If I challenge you ...
Everyone needs to read it. Thanks for the positive feedback lawmen. I respect the points you've made on so many posts. You're giving me a perspective I did not know about, particularly the conflict between sections of the HTA which I found very interesting.
If I challenge you ...
- Thu Oct 23, 2008 2:59 pm
- Forum: Failing to obey signs
- Topic: Do not drive through the intersection - 182(2)
- Replies: 9
- Views: 5820
Re: Do not drive through the intersection - 182(2)
Please advice on this ticket:
Disobey sign 182(2) ("do not drive through the intersection" - Mon-Fri 4PM-7PM). I'm not allowed to link to it directly but try the bilingual defence (See my site, Step 5 -->bilingual defence). If you were in one of the 26 designated areas of the province AND the sign was unilingual, then you've got a great shot at ...
Disobey sign 182(2) ("do not drive through the intersection" - Mon-Fri 4PM-7PM). I'm not allowed to link to it directly but try the bilingual defence (See my site, Step 5 -->bilingual defence). If you were in one of the 26 designated areas of the province AND the sign was unilingual, then you've got a great shot at ...
- Thu Oct 23, 2008 2:34 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobey stop sign - Fail to stop HTA 136(1)(a)
- Replies: 18
- Views: 17058
Roundabouts
According to the Insurance Institute for Highway Safety [quoted via Wikipedia ] Roundabouts are safer than both traffic circles and traditional intersections—having 40% fewer vehicle collisions, 80% fewer injuries and 90% fewer serious injuries and fatalities (according to a study of a sampling of roundabouts in the United States, compared with the ...
- Thu Oct 23, 2008 2:20 pm
- Forum: Going the wrong way on a one-way road
- Topic: 1 way street what is it?
- Replies: 23
- Views: 11652
Re: 1 way street what is it?
It's been awhile since I parked on Emily (I used to work near there 10 years ago. I don't think it's changed since then.) Emily is unusual in that it is a small street and it becomes one way just north of the loading zone on the south end of it. So the the north 2/3 part of the street is one way, the south 1/3 part is 2 way. That's why there are ...
- Thu Oct 23, 2008 1:01 pm
- Forum: General Talk
- Topic: Negotiating with Prosecution HELP PLEASE!
- Replies: 2
- Views: 4480
Re: Negotiating with Prosecution HELP PLEASE!
Question 1: If I talk to the prosecutor, should I mention my side of the story? In other words, will he/she use that to prepare for his/her case against me in court he him/her decides not to cut me a deal? As all you're admitting to is going about 10km/h over, there's not much she can use against you.
Question 2: What kind of deals do you think ...
Question 2: What kind of deals do you think ...
- Thu Oct 23, 2008 12:43 pm
- Forum: General Talk
- Topic: In Timmins the accident victim gets the ticket too!
- Replies: 9
- Views: 2899
Re: In Timmins the accident victim gets the ticket too!
You can still try to fight this ticket. Let's face it, you have nothing to loose at this point. Other than you and the driver, there are no witnesses that you were riding along the crosswalk.
You will end up in a "voir dire" in court because I suspect you admitted to the police that you were riding along the crosswalk.
You can also ask for a ...
You will end up in a "voir dire" in court because I suspect you admitted to the police that you were riding along the crosswalk.
You can also ask for a ...
- Thu Oct 23, 2008 12:29 pm
- Forum: General Talk
- Topic: notice of motion?
- Replies: 20
- Views: 7011
Re: notice of motion?
a fine of $280 will be entered against you. That is if you were doing exactly 40 kms over the speed limit. It's $7 per kms over. You forgot the victim surcharge +$60.
pardnme : Your question is a little confusing. You said "I called in to set a trial date". What does that mean? You request a trial, you get a trial date, you go to the trial. Some ...
pardnme : Your question is a little confusing. You said "I called in to set a trial date". What does that mean? You request a trial, you get a trial date, you go to the trial. Some ...
- Thu Oct 23, 2008 11:59 am
- Forum: General Talk
- Topic: Disabled person parking ticket - $350!! Help!!
- Replies: 7
- Views: 3643
Re: Disabled person parking ticket - $350!! Help!!
TC, I've seen you mention the French Language Services Act a few times now...Do you have any case law in relation to this matter?
lawmen : the relevant case is R. v. Myers [2004] O.J. No. 4763. My site has the argument and analysis, see Step 5 -->bilingual defence.
No municipality has proclaimed s14 of the FLSA as far as I know. Instead, this ...
lawmen : the relevant case is R. v. Myers [2004] O.J. No. 4763. My site has the argument and analysis, see Step 5 -->bilingual defence.
No municipality has proclaimed s14 of the FLSA as far as I know. Instead, this ...