Breath testing, driver accompanying novice - 48.2 (1) Where a police officer has brought a novice driver to a stop under the authority of this Act, and the police officer reasonably suspects that the accompanying driver has alcohol in his or her body, the police officer may, for the purposes of determining whether the novice driver is in compliance with the regulations respecting novice drivers, demand that the accompanying driver provide forthwith a sample of breath into an approved screening device as defined in section 254 of the Criminal Code (Canada) as if he or she was the person operating the motor vehicle. 1993, c. 40, s. 5. Direction to novice driver (2) Where, upon demand of a police officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device, as defined in section 254 of the Criminal Code (Canada), registers "Warn", "Alert" or "Fail", the police officer may direct the novice driver not to drive a motor vehicle on a highway except in compliance with the regulations respecting novice drivers. 1993, c. 40, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 12 (1) by adding "or otherwise indicates that the concentration of alcohol in the accompanying drivers blood is 50 milligrams or more of alcohol in 100 millilitres of blood" after "registers "Warn", "Alert" or "Fail"". See: 2007, c. 13, ss. 12 (1), 49 (2). Second analysis (3) Where an analysis of the breath of an accompanying driver is made under subsection (2) and registers "Warn", "Alert" or "Fail", the accompanying driver may require an analysis to be performed in the manner provided by subsection 48 (3), in which case the result obtained on the second analysis governs and any direction given by the police officer under subsection (2) continues or terminates accordingly. 1993, c. 40, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 12 (2) by adding "or otherwise indicates that the concentration of alcohol in the accompanying drivers blood is 50 milligrams or more of alcohol in 100 millilitres of blood" after "registers "Warn", "Alert" or "Fail"". See: 2007, c. 13, ss. 12 (2), 49 (2). Calibration of screening device (4) For the purposes of subsection (2), the approved screening device referred to in that subsection shall not be calibrated to register "Warn" or "Alert" if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood. 1993, c. 40, s. 5. Same (5) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (4). 1993, c. 40, s. 5. Intent of direction (6) The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1993, c. 40, s. 5. Removal of vehicle (7) If the motor vehicle of a person who is directed not to drive under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage. 1993, c. 40, s. 5. Cost of removal (8) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1993, c. 40, s. 5. Offence (9) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 1993, c. 40, s. 5. Definitions (10) In this section, "accompanying driver" and "novice driver" have the meanings prescribed by the regulations made under section 57.1. 1993, c. 40, s. 5.
Breath testing, driver accompanying novice - 48.2
(1) Where a police officer has brought a novice driver to a stop under the authority of this Act, and the police officer reasonably suspects that the accompanying driver has alcohol in his or her body, the police officer may, for the purposes of determining whether the novice driver is in compliance with the regulations respecting novice drivers, demand that the accompanying driver provide forthwith a sample of breath into an approved screening device as defined in section 254 of the Criminal Code (Canada) as if he or she was the person operating the motor vehicle. 1993, c. 40, s. 5.
Direction to novice driver
(2) Where, upon demand of a police officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device, as defined in section 254 of the Criminal Code (Canada), registers "Warn", "Alert" or "Fail", the police officer may direct the novice driver not to drive a motor vehicle on a highway except in compliance with the regulations respecting novice drivers. 1993, c. 40, s. 5.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 12 (1) by adding "or otherwise indicates that the concentration of alcohol in the accompanying drivers blood is 50 milligrams or more of alcohol in 100 millilitres of blood" after "registers "Warn", "Alert" or "Fail"". See: 2007, c. 13, ss. 12 (1), 49 (2).
Second analysis
(3) Where an analysis of the breath of an accompanying driver is made under subsection (2) and registers "Warn", "Alert" or "Fail", the accompanying driver may require an analysis to be performed in the manner provided by subsection 48 (3), in which case the result obtained on the second analysis governs and any direction given by the police officer under subsection (2) continues or terminates accordingly. 1993, c. 40, s. 5.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2007, chapter 13, subsection 12 (2) by adding "or otherwise indicates that the concentration of alcohol in the accompanying drivers blood is 50 milligrams or more of alcohol in 100 millilitres of blood" after "registers "Warn", "Alert" or "Fail"". See: 2007, c. 13, ss. 12 (2), 49 (2).
Calibration of screening device
(4) For the purposes of subsection (2), the approved screening device referred to in that subsection shall not be calibrated to register "Warn" or "Alert" if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood. 1993, c. 40, s. 5.
Same
(5) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (4). 1993, c. 40, s. 5.
Intent of direction
(6) The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1993, c. 40, s. 5.
Removal of vehicle
(7) If the motor vehicle of a person who is directed not to drive under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage. 1993, c. 40, s. 5.
Cost of removal
(8) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1993, c. 40, s. 5.
Offence
(9) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 1993, c. 40, s. 5.
Definitions
(10) In this section,
"accompanying driver" and "novice driver" have the meanings prescribed by the regulations made under section 57.1. 1993, c. 40, s. 5.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.