Search found 567 matches

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: 399

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 off...
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: 446

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: 375

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 recomme...
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: 446

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 ...
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: 6
Views: 997

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 ...
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: 1309

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 ...
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: 1495

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)...
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: 1043

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 charg...
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: 879

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: 939

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 dri...
by iFly55
Thu May 31, 2018 7:54 pm
Forum: Criminal Offences
Topic: Donuts in an empty parking lot
Replies: 2
Views: 1296

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 Danger...
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: 1969

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 veh...
by iFly55
Wed May 16, 2018 9:14 pm
Forum: General Talk
Topic: Argument with Parking Officer
Replies: 3
Views: 907

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 f...
by iFly55
Wed May 16, 2018 9:09 pm
Forum: General Talk
Topic: Region of York v. McGuigan is this unconstitutional?
Replies: 4
Views: 987

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 ...
by iFly55
Wed May 16, 2018 9:04 pm
Forum: Hand-held devices
Topic: Hand- held device ticket- help
Replies: 8
Views: 2373

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...

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