Search found 569 matches

by iFly55
Fri Apr 30, 2021 11:14 pm
Forum: General Talk
Topic: Got a ticket for improper right turn
Replies: 5
Views: 10059

Re: Got a ticket for improper right turn

As someone who frequents this particular intersection, I've always wondered whether the signed "no red-light right turns" was actually enforced as there are serial offenders at all times of the day.

Can OP please advise what was the specific charge on the face of the ticket? Did the officer write, "Improper Right Turn S141(2)"?

What specific ...
by iFly55
Wed Jan 08, 2020 1:42 am
Forum: Hand-held devices
Topic: Any advice on hand held device while in gridlock traffic?
Replies: 9
Views: 6905

Re: Any advice on hand held device while in gridlock traffic?

You're entitled to all available evidence that is relevant and related to your charge. If the prosecutor's office suggested DVD with data, video or audio evidence is available, than that should be provided to you prior to trial.

If you don't have all of the crown's evidence, then an adjournment is required so that more time is given to the ...
by iFly55
Tue Sep 10, 2019 6:03 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 5818

Re: Got forced into an HOV lane - possible to beat it?

Unfortunately, driving in the HOV lane is an absolute liability offence. If this goes to trial, the courts are only interested whether you were inside it or not.

They're uninterested as to why, this may only affect the fine. You will still be convicted.

Discretion really starts and ends with the officer. If you had dashcam video of the incident ...
by iFly55
Sat Aug 24, 2019 1:13 pm
Forum: Hand-held devices
Topic: ticket for use of hand held communication device
Replies: 4
Views: 4197

Re: ticket for use of hand held communication device

For some reason, I missed the very first sentence in the OP.

File for trial, and once you get the date/location of your trial, request for disclosure.
by iFly55
Mon Aug 19, 2019 6:47 pm
Forum: Hand-held devices
Topic: 78.1(1) ticket is not properly filled out by officer
Replies: 3
Views: 4050

Re: 78.1(1) ticket is not properly filled out by officer

This question has been discussed here in the past: https://www.ontariohighwaytrafficact.com/general-talk/wrong-name-wrong-address-wrong-gender-ticket-t7911.html

This is very straight forward. You've received a Part 1 Provincial Offence Notice.

https://www.ontario.ca/laws/statute/90p33#BK15

I recommend that you read Provincial Offences Act ...
by iFly55
Mon Aug 19, 2019 6:27 pm
Forum: Hand-held devices
Topic: ticket for use of hand held communication device
Replies: 4
Views: 4197

Re: ticket for use of hand held communication device

This would have been a two-man operation, where the enforcement-stop officer would have confirmation from the binocular-officer that the correct vehicle was stopped.

I highly doubt, they're making binocular observations and later laying Part 3 Summons Charges when you get home. Doesn't seem like an efficient means of hand-held enforcement. They ...
by iFly55
Sat Jan 26, 2019 12:41 pm
Forum: General Talk
Topic: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
Replies: 4
Views: 3830

Re: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?

You need to be careful with R. v. Schlesinger that decision means nothing at an Ontario Court of Justice. JPs will not even hear it because it's not binding to their courts.

It's dangerous to compare Radar and Lidar (Laser), use them synonymously. They're both treated differently at the trial court level.

Caselaw requires Radar to be tested ...
by iFly55
Wed Nov 21, 2018 12:11 am
Forum: Hand-held devices
Topic: Hand-held device charge, Brampton, ON, plea bargain
Replies: 4
Views: 4594

Re: Hand-held device charge, Brampton, ON, plea bargain

This is pretty unbelievable. I did not believe there was an alternate charge to holding a hand-held device until today.

The out of court set fine appears to be $85, with a total of $110. However, it appears the prosecutor upped the fine.

S. 32(9) - Drive motor vehicle in contravention of conditions

Driving in breach of condition prohibited
(9 ...
by iFly55
Sat Sep 08, 2018 1:23 am
Forum: Improper right turn
Topic: I recently received a traffic ticket for improper right hand turn 182(2)
Replies: 1
Views: 4827

Re: I recently received a traffic ticket for improper right hand turn 182(2)

Can you describe what exactly happened? What did the officer allege that you did?

You need to follow up with your disclosure request, and get the officer's notes.

What is written on the actual ticket? Section number and the alleged offense?

S182(2) is for Disobey Sign. Improper Right Turn is S141(2), and it's really a completely different charge ...
by iFly55
Thu Aug 09, 2018 12:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Requesting a STAY on my trial under section 7 - last minute disclosure received
Replies: 2
Views: 3947

Re: Requesting a STAY on my trial under section 7 - last minute disclosure received

Your s7 charter challenge is seeking a remedy to "non-disclosure". What's been granted here is disclosure. Receiving disclosure, the courts will be satisfied the charter challenge has been remedied. They will schedule a new date so that you can review the disclosure and make full answer to the charges.

The courts could stay the proceedings if they ...
by iFly55
Thu Aug 09, 2018 12:04 am
Forum: Failing to yield the right-of-way
Topic: No officer signature, should I still request for disclosure?
Replies: 2
Views: 3174

Re: No officer signature, should I still request for disclosure?

Was this a hand-written or electronically printed ticket?
by iFly55
Tue Jul 24, 2018 1:35 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Passing a car that was accelerating going downhill
Replies: 6
Views: 4323

Re: Passing a car that was accelerating going downhill

Speeding in Ontario is an absolute liability offence. The courts only care whether you exceeded the posted limit or not.

Had you been stopped for stunt driving, things may have gotten more interesting especially if there was dashcam evidence of the other driver's actions. Accelerating to block a driver from passing, is exactly what happened with R ...
by iFly55
Thu May 31, 2018 7:54 pm
Forum: Criminal Offences
Topic: Donuts in an empty parking lot
Replies: 2
Views: 7944

Re: Donuts in an empty parking lot

At the most they may submit a "Road Watch" report. Depending on the jurisdiction, they will follow up and if your face is clearly visible then charges could be laid.

The individual shooting the video will have to appear as a crown witness and give evidence.

The only applicable charge would be Dangerous Driving under the Criminal Code if it was ...
by iFly55
Sat May 19, 2018 11:06 pm
Forum: General Talk
Topic: Right-of-way simultaneous right and left turn opposing traffic
Replies: 3
Views: 14044

Re: Right-of-way simultaneous right and left turn opposing traffic

The Highway Traffic Act allows the left turning driver to turn into Lane 1 (furthest to the left), and the law allows you to turn right into Lane 2 (furthest to the right). Both manoevures can be done at the exact same time, as long as it's safe to do so.

I agree use common sense, if it's a long vehicle like a transport truck or a bus making a ...
by iFly55
Wed May 16, 2018 9:14 pm
Forum: General Talk
Topic: Argument with Parking Officer
Replies: 3
Views: 2785

Re: Argument with Parking Officer

I'm in agreement with @bend. The other exemptions afforded to handicap permit holders in the City of Toronto, appropriately go above and beyond.

Visibly displaying that permit without the presence of the permit holder in order to access these other exemptions is a violation.

Where exactly did your father park the vehicle when he was receiving the ...
by iFly55
Wed May 16, 2018 9:09 pm
Forum: General Talk
Topic: Region of York v. McGuigan is this unconstitutional?
Replies: 4
Views: 2909

Re: Region of York v. McGuigan is this unconstitutional?

If a full copy is available at the office of the prosecutor. You can schedule an appointment to review it and take notes.

It really depends on which court house you get. Some e-mail you a PDF of the entire manual.

Most will give you the relevant pages for the testing, which the officer will provide evidence for.
by iFly55
Wed May 16, 2018 9:04 pm
Forum: Hand-held devices
Topic: Hand- held device ticket- help
Replies: 8
Views: 5970

Re: Hand- held device ticket- help

As long as the device is securely mounted, the regulation allows you to touch the screen in order to make or end a call.

The problem is that the police who can be a car-lengths away, looking through your tinted windows can not discern what exactly is happening on your screen.

You can always argue in court, that you touched the screen to cancel ...
by iFly55
Tue Apr 03, 2018 7:01 pm
Forum: Hand-held devices
Topic: Hand Held Communication Device Court date tomorrow 04/04
Replies: 4
Views: 4574

Re: Hand Held Communication Device Court date tomorrow 04/04

Set Fine: $400
Victim Surcharge: $85
Court Fee: $5
Total Fee: $490

HTA says that the penalty on conviction is from $300 to $1000 (maximum). So there's a possibility of the fine to be lowered below the OcJ "out of court fine" displayed on your Part I Offense Notice.

REG 366/09 Display Screens & Hand Held Devices: https://www.ontario.ca/laws ...
by iFly55
Fri Dec 22, 2017 5:43 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got a ticket for "Improper Use of High Occupancy Lane
Replies: 5
Views: 7473

Re: Got a ticket for "Improper Use of High Occupancy Lane

HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.

Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.

Read the regulation and educate yourself ...
by iFly55
Fri Jul 21, 2017 8:36 pm
Forum: General Talk
Topic: Should I file 11b again? am I being tricked?
Replies: 1
Views: 2333

Re: Should I file 11b again? am I being tricked?

Question 1

How much does this ticket actually cost you? Will a +10km/h or +19km/h conviction on your driving record increase your insurance premiums? How much will you be paying in additional premiums over the next 3 years? You'll have to compare the opportunity cost between 11b transcripts + your time in court + preparations/research and ...
by iFly55
Sat Jul 08, 2017 9:09 am
Forum: Improper driving when road is divided into lanes
Topic: Ticket while merging onto Highway
Replies: 16
Views: 10928

Re: Ticket while merging onto Highway

You also have another option, choose trial so that you know the exact date the JP will make their decision. You can follow up with the courts shortly after your scheduled trial date.
by iFly55
Thu Jul 06, 2017 5:50 pm
Forum: Hand-held devices
Topic: Meeting with the prosecutor tomorrow, need help ASAP!
Replies: 11
Views: 4427

Re: Meeting with the prosecutor tomorrow, need help ASAP!

@screeech check REG 340/94

https://www.ontario.ca/laws/regulation/940340

Novice Licence Conditions

9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:

1. The novice driver is convicted of any of the offences described in ...
by iFly55
Sun Jul 02, 2017 2:12 pm
Forum: Hand-held devices
Topic: Meeting with the prosecutor tomorrow, need help ASAP!
Replies: 11
Views: 4427

Re: Meeting with the prosecutor tomorrow, need help ASAP!

@Son_Jay92 the prosecutor has no power over the demerit points. There are no alternate charges under the HTA for 'Drive with hand-held', their hands are essentially tied.

https://www.ontario.ca/laws/regulation/940339

HTA S78.1 carries 3 demerit points and if you're a novice class driver (G1 or G2) it's an automatic 30-day license suspension on ...
by iFly55
Sun Jul 02, 2017 2:08 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 16754

Re: Advice on 78.1(1) Handheld Communication Device Ticket

I'm beginning to see where OP is going with this. A lot of modern vehicles today come standard with built-in hands-free features, you simply connect the phone via bluetooth to the vehicle.

Now comes the question as to where do you have to place the actual phone. All that the HTA states is that "the device is placed securely in or mounted to the ...
by iFly55
Tue May 23, 2017 9:07 pm
Forum: Hand-held devices
Topic: Risk to get an elevated fine if failed in the trail?
Replies: 3
Views: 2702

Re: Risk to get an elevated fine if failed in the trail?

If you received a ticket, it is a Part 1 Provincial Offence Notice; the crown can only fine you up to a maximum of $1000. https://www.ontario.ca/laws/statute/90p33#BK15

I can't find a maximum fine for Part III Summons, for Stunt Driving they say $10,000 so it might be unlimited.

If it's your first offense, you will most likely get the minimum ...
by iFly55
Wed Apr 05, 2017 2:15 am
Forum: Improper use of high occupancy vehicle lane
Topic: got pulled over on a bridge bus lane in Ottawa
Replies: 29
Views: 12326

Re: got pulled over on a bridge bus lane in Ottawa

You need to read REG 620/05 High Occupancy Vehicle Lanes: https://www.ontario.ca/laws/regulation/050620

HTA S154.1 ONLY applies to small sections of Hwy 403, 404, 417 and QEW with regulatory HOV-lanes. During the Pan-Am Games they made temporary amendments to the law in order to enforce HOV-lanes.

I do not understand why LEOs in ON write HTA ...
by iFly55
Sat Jan 28, 2017 2:43 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Playing my dash cam video in court (link attached) and chanc
Replies: 4
Views: 2947

Re: Playing my dash cam video in court (link attached) and c

So not the most accurate means of measuring, but your average speed between the "yellow truck entrance sign" and "black & white centre lane only" sign was about ~92km/hr.

62.6m and it took you 2.44s, this has a lot of error because the distance was measured using Google Earth and a stop watch along with your video playing.

It wouldn't be outside ...
by iFly55
Mon Nov 21, 2016 3:31 pm
Forum: Failing to obey signs
Topic: Disobey Sign - 182(2) tonight in this snowy weather
Replies: 5
Views: 3377

Re: Disobey Sign - 182(2) tonight in this snowy weather

Jul 2016 Streetview: https://goo.gl/maps/fXEiGFWLuRP2

Was the sign covered in snow?

It appears you've already been given a break; you disobeyed the sign in a "Community Safety Zone". Sections of O'Connor Dr are CSZ: https://goo.gl/maps/exGoq9eTkVA2

Set Fine: $120
Victim Surcharge: $25
Court Fee: $5
Total Fine: $150

The crown will know you were ...
by iFly55
Tue Sep 27, 2016 4:55 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 9007

Re: Plugging My Cell Phone in at Stop Light

Read these two short decisions in full to better understand how HTA S78.1 "Drive – hand-held communication device" is being interpreted in ON courts today.

R. v. Pizzurro, 2013 ONCA 584
http://canlii.ca/t/g0qn3

R. v. Kazemi, 2013 ONCA 585
http://canlii.ca/t/g0qn4

It may be in your best interest to invest in a windshield or car-vent clip type ...