Search found 695 matches

by Decatur
Mon Jun 10, 2019 5:59 pm
Forum: General Talk
Topic: How long is too long to wait for a trial? *Hand held device*
Replies: 4
Views: 194

Re: How long is too long to wait for a trial? *Hand held device*

The thing about disclosure is that you have to actively seek it out once you’ve requested it. You can’t just request it and not pick it up, or just not query where it is. And if you keep “kicking this thing down the road” the delay to trial is against you and not the prosecution.
by Decatur
Mon Jun 10, 2019 4:04 pm
Forum: General Talk
Topic: Rescheduled Early Resolution Meeting With Prosecutor
Replies: 1
Views: 180

Re: Rescheduled Early Resolution Meeting With Prosecutor

From my understanding of the applicable Act, weekends or holidays don’t count in this calculation.
by Decatur
Sun Jun 09, 2019 8:43 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 15
Views: 591

Re: Disclosure - Front of ticket not provided, only rear?

It doesn’t matter. Generally court dates are assigned for when the officer is working to save $$. On an off day a typical appearance at court will be time and a half overtime with a minimum amount of time generally around 4 hours. Court appearances for officers are subpoenas. They hVe to show up or ...
by Decatur
Sun Jun 09, 2019 7:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 15
Views: 591

Re: Disclosure - Front of ticket not provided, only rear?

It’s very common for officers to attend court on days off. I’ll second what greasespot posted. Miss court and you’re likely to get written up for a first offence. Charged under the PSA after that and loss of time certainly.
by Decatur
Mon Jun 03, 2019 8:31 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 15
Views: 591

Re: Disclosure - Front of ticket not provided, only rear?

A no show is a very rare thing now. Police officers get paid to be in court, either on a regular day shift or even on overtime on a day off. So bless you know that this officer has tickets for a flight that morning I would t be betting on a no show. From what you’ve posted so far I don’t see any gro...
by Decatur
Sun Jun 02, 2019 8:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 15
Views: 591

First point would be, if you decide to fight this 10 over ticket, at trial the prosecutor will have the ticket amended up to the original speed. Second point about the colour being wrong on you permit, that’s actually an offence in itself. Get it changed. Three, A photocopy of both sides of a permit...
by Decatur
Wed May 29, 2019 10:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure - Front of ticket not provided, only rear?
Replies: 15
Views: 591

Also, in an Ontario Court of Appeal decision, an officer can amend a ticket after service in some cases.
Even if there’s a slight difference between the original and your copy it’s likely immaterial.
Check out York v Wadood on Canlii.
by Decatur
Fri May 10, 2019 5:24 pm
Forum: Driver failing to wear a seat belt
Topic: Seatbelt requirement regarding classic car ???
Replies: 1
Views: 182

Re: Seatbelt requirement regarding classic car ???

You’re exempt from wearing the torso restraint if the motor vehicle was manufactured prior to the 1st day of January 1974.
by Decatur
Sun May 05, 2019 5:14 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Warning Signage Legislation?
Replies: 5
Views: 349

Re: Red Light Camera Warning Signage Legislation?

And FYI. The City of Kingston doesn’t have red light cameras.
by Decatur
Sat May 04, 2019 4:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: R.R.O. 1990, REGULATION 615 : SIGNS - Confusing Language?
Replies: 1
Views: 261

Re: R.R.O. 1990, REGULATION 615 : SIGNS - Confusing Language?

You may be over thinking this. It basically states that “if” the prescribed speed of 50 in a municipality or 80 in a rural ares are deviated from, then the speeds designated must be posted within those measurements.
There is still no requirement to post 50 or 80 zones in their correct areas.
by Decatur
Wed May 01, 2019 6:38 pm
Forum: General Talk
Topic: Called to pay speeding ticket and was told they didn't have it on file.
Replies: 3
Views: 337

Re: Called to pay speeding ticket and was told they didn't have it on file.

You might want to check again. The day you received the ticket doesn't count as part of the seven days. They actually had until the end of the 29th to file.
by Decatur
Fri Apr 26, 2019 8:58 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 82 in a 60, but ticket says incorrect district
Replies: 1
Views: 282

Re: 82 in a 60, but ticket says incorrect district

You’re pretty much out of luck. The Provincial Offences Act provides that a proceeding may be heard in a county or district that adjoins that in which the offence occurred.
See section 29 of the POA if you want to read it in its entirety.
by Decatur
Wed Apr 24, 2019 10:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket for doing 100klm/h in a 60klm zone : York Region, Newmarket
Replies: 3
Views: 341

Re: Speeding ticket for doing 100klm/h in a 60klm zone : York Region, Newmarket

As a novice driver, your licence will be suspended for 30 days if you’re convicted of a four demerit point offence. This might be something to consider!
by Decatur
Sat Apr 13, 2019 9:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop: 136(1) "a" but looks like a "c" to those I've shown the ticket to
Replies: 1
Views: 360

Re: Failure to Stop: 136(1) "a" but looks like a "c" to those I've shown the ticket to

The position of the stop sign is immaterial. All the matters is you didn’t stop at the marked stop line as it states you shall in HTA section 136(1)(a). Whether it’s an a or c is also immaterial. You are aware of why you were stopped and what the charge is. This is not a fatal flaw.. Best you can do...
by Decatur
Sun Mar 17, 2019 5:01 pm
Forum: Hand-held devices
Topic: Transport driver ticketed for using two-way radio
Replies: 5
Views: 589

Re: Transport driver ticketed for using two-way radio

Just make sure that you’ve read https://www.ontario.ca/laws/regulation/090366
And in particulate, the definitions associated to the exemption. “Two way radio” is a very specific definition.

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