Search found 91 matches

Hey; just a comment.

NOT LEGAL ADVICE

take all photos to court.....clearly shows the sign "right lane exits", 2 legal signs indicating right lane to turn right and pavement right hand arrow.

If he was traveling on lane #5, when he crossed the intersection, the pictures will not help him. If he was traveling on lane #4 when he crossed the ...

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Hi ltran_1212:

THIS IS NOT LEGAL ADVICE, JUST AN OPINION
...My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident.

The cop issued a careless driving ticket - notice of appearance. ... there was damage to the city's property. Is this where we should definitely fight the ticket?
The incident ...

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Hello;

THIS IS NOT LEGAL ADVICE, JUST AN OPINION

was charged with 110 in an 80!
Officer was oncoming in a police cruiser...
...
Officer spins around and pulls me over...

...I have also found information regarding Lidar radar ...


A couple of things:

Was a LIDAR used? I believe the LIDAR, must be used while at a stationary position ...

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Hi everyone:

Long time no posting :)

THIS IS JUST MY OPINION; NOT LEGAL ADVICE

1.- A Bicycle, unless is 'motor assisted', is not a Motor Vehicle under the HTA.

"bicycle" includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor-assisted bicycle.
"motor vehicle" includes an automobile, a motorcycle, a ...

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JUST AN OPINION, NOT LEGAL ADVISE

J.P. Quon did a pretty comprehensive overview of the "principle against self-incrimination" caselaw to that point, including R. v. White .

It says that in a regulatory offence context, self-incriminating evidence can be used at trial if that evidence was collected before any offence investigation started (i ...

Here's the article: http://toronto.ctv.ca/servlet/an/local/CTVNews/20100810/speeding-bmw-internet-100810/20100810/?hub=TorontoNewHome%C2%A0

I wrote a post on my blog discussing the issues surrounding the admissibility of statement evidence like this, if you're interested the link is in my signature.

http://www.simonborys.ca/ <<== Excellent
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Hi Traffic Law :

JUST MY OPINION

I have to disagree with the comment that Follow too closely is an included offence for Careless Driving. That is simply INCORRECT.

The test for an included offence is:

...one must necessarily commit the offence of ....... before the offence of ...........could be made out.
While what you say is correct ...

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Hi mugwort :

THIS IS NOT LEGAL ADVICE, JUST MY OPINION

My license has been suspended since 2007 for unpaid fines and i've been caught driving without it 3 times since.
Every time you get a traffic ticket fine you may:

a) Pay it the same day or pay it within 15 days, which is given to you by law.

b) You may ask the court to give you more ...

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Hey

Drinking and driving is a social disease and a terrible crime. It is unacceptable and there is no excuse for it. What if you put a bullet on someone's head and then go about saying that you never touch a gun before and that you didn't mean it.

Do the crime, do the time.

And what does a flashy car have anything to do with drinking and ...

Further depending on when this was written, 159.1 was repealed and it contents folded into 159. So date is important as to if the section issued was in force (not that it couldn't be amended).

HTA s. 159.1 as of December 31, 2009
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_ev043.htm#BK232
Approaching stopped ...

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...The highway is one lane in each direction , and the ticket given to the driver was Fail To Move Into Another Lane for Emergency Vehicle ( Section 159.1 (2) )

You can beat this ticket like a walk in the park. :)

I'd say based on the move over law "to another lane" portion only applies to highway where there is two or more lanes on the ...

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Hey gottastopspeeding :

(Yeah, you gotta stop speeding ) :lol:

THIS NOT LEGAL ADVICE, IT'S JUST AN OPINION

...im pretty much working for damage control at this point i just want some kind of reduction. what should i say in regards to me passing the van?...

...the cop said the van was going 94 which in the real world is a good speed but ...

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Hi Simon :

I tend to agree with you. I don't think the date they're stamped with when they're handed in is the "filed date". I think the "filed date" is when the court receives it and "files" it by entering it onto the ICON system. Run with it and let us know how it turns out.
Actually the date stamped on the back of the Certificate of Offence ...

PREVIOUSLY POSTED AT
http://www.ontariohighwaytrafficact.com/post15622.html


Hi tdtd :

THIS IS NOT LEGAL ADVICE , IT IS JUST AN OPINION

Yours is certainly an interesting case. It seems that you are dealing with a sloppy cop and some negligent prosecutor. Feel free to contact me directly with some more specific details to see if I can help ...

Hi tdtd :

THIS IS NOT LEGAL ADVICE , IT IS JUST AN OPINION

Yours is certainly an interesting case. It seems that you are dealing with a sloppy cop and some negligent prosecutor. Feel free to contact me directly with some more specific details to see if I can help you.
…Stamped on the back is "FILED Jul 10 2009 Halton Court Services"
That date ...

dkaszper wrote:my yellow copy was not signed

Radar Identified wrote:If the ticket was electronically written, then it's still valid...

Radar. Are those tickets yellow also? I've seen a couple but i don't remember.
..
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Hi fourmat :

THIS NOT LEGAL ADVICE; JUST AN OPINION

MTO officer was at the side of the road in the South Western region talking to another driver. The highway is one lane in each direction, and the ticket given to the driver was Fail To Move Into Another Lane for Emergency Vehicle (Section 159.1 (2)) MTO claims driver passed "too close" to ...

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Hi theferens :

THIS IS NOT LEGAL ADVICE

My 19 year old daughter carries a G2 license and received a 3 day roadside suspension, a $110.00 fine and a 30 day suspension for BAC over 0.00 after being stopped 2 1/2 weeks ago.

When the police officer returned to the car, he asked her to give him the keys and follow him to the rear of the car ...

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Hi Flyview :

... in a smaller town, they may have a pretty hard time finding an interpreter.

Now, I am fluent in English, but I wasn't born here, and could pretend...

Is this risky or do lots of people do this?

Spanish is my first language and I get a lot of Spanish speaking clients. Many times we request an interpreter for the trial.

It ...

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Hi ftuk

THIS IS NOT LEGAL ADVICE

So I was driving up north and was pulled over by an OPP SUV for doing 31 over . Cop drove past me, u-turn and pulled me over. Ticket was reduced to 15 over
Now, thats a sweet deal!! 31-over on conviction means 4 demerit points to your record. The speeding offence was lowered 2 point-brackets. Not unheard of ...

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Hi Admin :

I think we are stating somewhat the same thing in different words.

One of the Supreme Court's decision and landmark respecting "unreasonable search" is R. v. Mellenthin, [1992] 3 S.C.R. 615 .

Charter, s. 8 Everyone has the right to be secure against unreasonable search or seizure .

In that case it was determined that a police ...

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Hi Admin :

Next time, give the officer your keys and ask him to open your trunk himself.

The issue is whether or not Jaycobian gave authorization to the search voluntarily.

Giving the Officer the key to the trunk is not really different from opening the trunk for him. Both acts may be proven to have been done under compulsion, particularly ...

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Hi Simon :

There is a limitation period to sue the OPP.
. How long is that period?

I don't know. The Crown is legally liable for the OPP.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p15_e.htm#s50s1

All legal actions against the Crown are under the jurisdiction of the Proceedings Against the Crown Act . I did not find ...

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Hi Jaycobian

... the officer ... pulled me over. His first question was "are you going to the beach"(exact words), my brother replied, "yes kelso beach", the officer then stated, "bullshit, you f***ing liars, do you see the grey hair, you think i have been putting on this uniform for 20 years and i dont know what you are doing, you arent ...

Hi fourmat :
...Just wondering about a ticket issued by an MTO officer. I have heard that in 'certain regions MTO officers are forbidden to pull over civilians'? Can anyone confirm this? How on Earth would anybody find out what region they are talking about?
Thanks in advance!
Can you give us more detailed information? What is the alleged offence ...

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Hey Wilchris :

If you're unclear about what evidence the officer has about your alleged violation you might want to request disclosure to read his notes. Then you will be in a better position to make an informed decision about what to do next.

Did you ask for disclosure as Simon suggested?

You may also want to request copy of the by-law that ...

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When I'm turning on a red and the traffic across has an advance green I wait the 5 seconds for the advance to end and then I go because most of the cars enter that right lane instantly which would certainly result in a collision. Why leave it to the courts to decide who was in the right or wrong sometimes you just have to drive with common sense ...

Hi Simon :

JUST MY OPINION

As you most likely know, when analyzing a piece of legislation, you have to do it both purposely and contextually.

Contextually, section 141(2) is the first indication of corresponding from and to turning lanes. Turn from the right lane enter into the right lane.

The concept of lane correspondence is again stated in ...

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Hi guys:

JUST MY OPINION, NOT LEGAL ADVICE

Actually the rules are definite in a situation like this, although perhaps a little confusing.

There are two vehicles turning which come from opposite directions.

As Simon says, both vehicles are subject to s 142 (1), which curiously is under the titles: " Signalling turns and stops - Signal for ...

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Hi babygirlz05 :
I estimate between 800-1200$ worth of dammage as they scraped all down the side of my car,my question is ... can i go after them (civil) for loss of value to my car.
Unfortunately you can not sue the other driver directly for damages. Read section 263 subs (1) and (5) of the Insurance Act .

http://www.e-laws.gov.on.ca/html ...