Search found 673 matches

by Decatur
Tue Oct 16, 2018 5:02 pm
Forum: Courts and Procedure
Topic: Appealing a conviction for a traffic offence where the ticket was not signed.
replies: 6
views: 328

Re: Appealing a conviction for a traffic offence where the ticket was not signed.

Picking up or just holding the device is enough for a conviction in a Ontario. It doesn’t matter if you weren’t talking or texting. The only way you’re going to find out if the original was signed is to apply to have the case reopened, have that motion granted and obtain a copy of it as part of disc...
by Decatur
Mon Oct 15, 2018 7:45 pm
Forum: Courts and Procedure
Topic: Appealing a conviction for a traffic offence where the ticket was not signed.
replies: 6
views: 328

Re: Appealing a conviction for a traffic offence where the ticket was not signed.

It depends. First, if it was an electronic ticket, they aren’t signed. Second, if it isn’t, your ticket is actually a copy and the Justice of the Peace would have no idea whether your copy was signed or not. Obviously the original was, because you were convicted. R. v Wadood now allows for officers ...
by Decatur
Wed Oct 10, 2018 4:27 pm
Forum: Speed Traps
Topic: Faulty cruise control causes out of control acceleration at a speed trap
replies: 3
views: 242

Re: Faulty cruise control causes out of control acceleration at a speed trap

It’s the driver’s responsibility to ensure that a motor vehicle is fit for the road. This would include dealing with a recall and perhaps not driving it until it’s fixed. Speeding is an absolute liability offence, which means you either were or weren’t speeding. You got a deal with the 15 over. If y...
by Decatur
Wed Oct 10, 2018 10:05 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speed limit sign - White numbers on black background
replies: 3
views: 250

These signs are perfectly legal on federal NCC roadways. Generally enforcement is done by the RCMP but OPP and Ottawa police can enforce it as well. The maximum speed on NCC roads is 60 km/h by regulation and actually doesnt need to be posted unless it deviates from that.
by Decatur
Sun Oct 07, 2018 11:05 am
Forum: General Talk
Topic: Is riding motorcycles side by side illegal in Ontario?
replies: 2
views: 287

Re: Is riding motorcycles side by side illegal in Ontario?

It is legal to ride side by side in Ontario. Not the safest practice but there’s nothing in the HTA to prohibit it.
by Decatur
Sat Sep 15, 2018 10:58 pm
Forum: Stunt Driving
Topic: What is the effect (if any) of the alleged excessive speed not stated on the summon?
replies: 2
views: 335

Re: What is the effect (if any) of the alleged excessive speed not stated on the summon?

It is valid. The actual speed is not part of the short wording for a stunt offence.
by Decatur
Wed Sep 05, 2018 8:12 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticketed speed is higher than radar speed
replies: 3
views: 300

Re: Ticketed speed is higher than radar speed

There’s no requirement to lock the device at the highest speed obtained. It’s quite common to clear a locked speed to see if someone is speeding up or slowing down. There’s also no requirement to show you the speed displayed on the device.
by Decatur
Mon Sep 03, 2018 9:06 pm
Forum: General Talk
Topic: Introducing evidence to court, researching the law
replies: 18
views: 1505

Re: Introducing evidence to court, researching the law

I'm just curious, where was the alleged offence, and what type of speed measuring device was used. Some of the disclosure doesn't make sense for an officer written ticket.
by Decatur
Mon Aug 20, 2018 7:17 pm
Forum: General Talk
Topic: Red light camera if you fight and loose can it go on driving record?
replies: 1
views: 231

Re: Red light camera if you fight and loose căn it go on driving record?

No. The registered owner is issued the ticket. Identification of the driver isn’t necessary.
by Decatur
Fri Aug 03, 2018 7:15 pm
Forum: Courts and Procedure
Topic: officer wont disclose lidar manual due to copyright
replies: 2
views: 571

Re: officer wont disclose lidar manual due to copyright

https://www.canlii.org/en/on/onsc/doc/2 ... pletePos=7

Region of York v McGuigan

And it’s binding on lower courts. The only possibility of turning this one over would be taking a similar case to the Ontario Court of Appeal.
by Decatur
Mon Jun 25, 2018 7:58 pm
Forum: Stunt Driving
Topic: Something feels fishy with my stunt driving charge
replies: 4
views: 496

Re: Something feels fishy with my stunt driving charge

There seems to be a serious flaw in the process that the officer has followed. Under section 172(5) it states that the if the officer believes on rpg that a person has driven in contravention of subsection 1, the officer shall request that the person surrender their licence and SHALL detain the moto...
by Decatur
Sun Jun 24, 2018 3:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: calibration certificate/history?
replies: 4
views: 417

Re: calibration certificate/history?

In order for you to proceed wth an O’Connor application, you’re likely to spend several days in court, even before you see a trial if that’s where you end up.
by Decatur
Sun Jun 17, 2018 9:53 am
Forum: General Talk
Topic: Charge does not match ticket
replies: 9
views: 463

Re: Charge does not match ticket

Just so you’re aware. A 2017 OCA case R v Davis, allows the officer to modify the ticket after service in most cases.
by Decatur
Mon Jun 11, 2018 6:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 149 Km/h on 401
replies: 3
views: 507

Re: 149 Km/h on 401

You can’t score if you don’t shoot the puck! If you have time to go to the meeting and don’t have any convictions, they may reduce it further if you’re apologetic and don’t go in with a chip on your shoulder. If they don’t offer you anything further , you can simply offer to pay it. If y...
by Decatur
Mon Jun 11, 2018 3:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 149 Km/h on 401
replies: 3
views: 507

Re: 149 Km/h on 401

On the first page of the notes, last line, arrow pointing down usually means you were slowing 150 down to 149. Technically stunt driving at 150. The officer decided to charge you at 149. If you take this to trial and the officer testifies that you were driving 150, the prosecutor will probably amend...

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