Ontario Highway Traffic Act

Great response Bookm. It's also a great absolute liability defence, choosing the lesser of two evils. I think this is the classic case of the cop thinking busy_mommy caused an accident, therefore she should be charged with something. At first I admit I was suspicious why anyone would back up in traffic but it's a solid explanation and totally ...

Once again proving that any argument can be settled over a brewski.

hwybear wrote:AH HA....ice is still clear......it's the colour beneath showing through

Well technically black is the absence of color or specifically, the absence of light. That is, black does not reflect or emit any light to the visual receptors in the eye. That's why you can't see black ice. But since we are so off topic: Bear, I concede, you win!

Bookm wrote:Not something I'll ever be concerned with

I've been wanting to do something like that for awhile but thinking more of a surveillance cam that I could leave in the car when parked (I've had my share of scrape and runs). Have you ever used the video in court? And is the speedometer visible?

BTW...no such thing as "black ice" From wikipedia: Black ice is ice frozen without many air bubbles trapped inside, making it transparent. Black ice takes the color of the material it lies on top of, often wet asphalt or a darkened pond. Its difficult-to-detect nature makes it a significant hazard to drivers, pedestrians, and sailors. :!:

I ...

I think the issue is if you hit something, should you be charged and with what?

Yes there are a lot of bad drivers out there, we know this because we pay some of the highest insurance rates in Canada.

If you encounter black ice and end up in an accident, you are at fault. But is there anything criminal about this accident? The mere act of ...

Bear you're right. I was pointing to an example where 60m is mentioned. At the bottom of the reg under a section titled "General" is the uber clause:
45. A sign prescribed by this Regulation shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. R.R.O. 1990, Reg. 615, s. 45.

Careless driving is one of the most severe charges under the HTA (6 pts and/or the possibility of imprisonment). It is also the most overlaid charge for what amounts to minor accidents. ( Here is an example of a guy,going 2mph trying to squeeze past a garbage truck and ended up cracking the side mirror and was charged with careless driving!)

So ...

In R. v. Aristidou, 2007 ONCJ 250 the charge was amended by the police officer before handing over the ticket. After that, the court has to amend the charge. It looks like they amended the charge on their own in your case which should not be allowed. However, the court can amend the charge at trial so it amounts to a wash. It looks like they caught ...

I know I'm jumping the gun but I don't think this is an HTA offence. I think it's under POSSESSION OF LIQUOR IN PROVINCIAL PARKS, R.R.O. 1990, Reg. 723 which is a part of the Liquor Licence Act.

Also this sounds like coercion on the part of the parks officers.

FYI, OPP radar units do not use tuning forks. There is only the test button. Manufacturer eliminated the fork tests many years ago as it is redundant. I used radar as an example, I don't know what was used in Proper_joe's case so I am reluctant to get into the intricacies of radar unnecessarily. But I will say this. Appellate courts examine ...

Sorry, do you mean it's a mistake for the officer to say that the gun was calibrated because they did not reveal the paperwork from the facility that calibrated the tuning fork through disclosure (regardless of whether they actually bring it to court)? No I mean it's a mistake for you to get into it with the cop because you can inadvertently ...

I know this is a little late but when you get the notice of the license suspension in the mail, you can request a reopening of the trial based on the fact that you did not get notice of trial or conviction. The license will be reinstated (it takes a couple of days) without any financial penalties or reinstatement fees and a new trial will be ...

Can you site the Act and section of the charge?

I think so, aside from the no left turn sign it had 3:30 - 5:30pm but no days - as in, no left turn at any time within that specific time.
Would that be bilingual? Discussion board rules prevent me from linking to my own site, but if you go to Step 5 and click the "bilingual defence" link on the right side you will see examples of unilingual and ...