Search found 41 matches

by gramada2
Tue Nov 11, 2014 3:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

In York region the cost was free, I sent in my request on Apr 2013 and received the plan & profile information on Sep 2013. Unfortunately for me, the details also came too late and well after my trial.

Can you appeal to the Superior Court of Justice or the Supreme Court?

It depends if the decision is from provincial offenses court then go to ...
by gramada2
Tue Nov 04, 2014 7:48 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

It's all public information, you can request for it through city hall.

What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form?

Thank you iFly55! Even if you call 311, they'll re-direct you to the appropriate department. It's free, they'll most likely send it to ...
by gramada2
Tue Nov 04, 2014 7:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

Its been awhile since the court saga is over and i feel i should post the outcome. The trial ended with conviction as expected. On the appeal everything was in my favor up to a point at the very end when the judge saw i have cost request. So the judge was kind of confused and decided to write the decision at a later date. So on that decision day ...
by gramada2
Tue Nov 04, 2014 7:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

It's all public information, you can request for it through city hall.

What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form?

Thank you iFly55!
I went to the Works or traffic department. They are not happy at all to provide the information.
I needed a simple ...
by gramada2
Sun Jun 15, 2014 9:57 am
Forum: Speed Traps
Topic: Is this legal?
Replies: 14
Views: 13399

Re: Is this legal?

42. (1) The duties of a police officer include,

(a) preserving the peace;

(b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;

"Speed traps " are illegal or at least police misconduct. The duty of the officer is to prevent the offenses . Someone above said he receives a lot ...
by gramada2
Mon Apr 14, 2014 6:57 pm
Forum: General Talk
Topic: Court of Appeal for Ontario help needed
Replies: 2
Views: 2282

Re: Court of Appeal for Ontario help needed

It's difficult to weigh in on your options/chances of appeal without seeing the full judgement. The sections you've quoted don't really give much sense out of context, nor do they clarify if the Court feels that particular evidence is relevant to the outcome.

It is too long to list the full judgement here. The main point is the officer testified ...
by gramada2
Mon Apr 14, 2014 3:31 pm
Forum: General Talk
Topic: Court of Appeal for Ontario help needed
Replies: 2
Views: 2282

Court of Appeal for Ontario help needed

Today i had my Appeal in Court of Justice and my appeal was rejected in a very strange maner. All the pleadings were in my favour and the judge agreed with almost all i had. The prosecution barely had anything to say. I submited my cost recovery request and the judge accepted it saying he need more time to write the decision. Two weeks later-the ...
by gramada2
Sun Oct 27, 2013 7:23 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

By the way it turns out that even the 900m requirements is not met. From sign to the next sign is 1200m , so one sign is missing in between.
The traffic workers measured the distance. So at the end they installed the missing sign :) All i am saying here is documented in the works department.
But so what, i got convicted anyway with sign or no sign ...
by gramada2
Sun Oct 27, 2013 6:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure -printout of digital file-acceptable ???
Replies: 6
Views: 2938

Re: Disclosure -printout of digital file-acceptable ???

once the notes are entered and sent from the cruiser there is no way to modify them by the officer. All we can do is read and print them.

OPS
It makes sense . I am just curious are the notes typed in the same time with the ticket , because the ticket and the notes have the same time stamp?
The officer said only he is in control of the notes ...
by gramada2
Sun Oct 27, 2013 6:49 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure -printout of digital file-acceptable ???
Replies: 6
Views: 2938

Re: Disclosure -printout of digital file-acceptable ???

Stanton wrote:What section of the evidence act are you referring to?
Evidence act
Sec. 34.1(4)

They didn't use it as evidence so no use of it.
by gramada2
Sun Oct 27, 2013 6:47 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure -printout of digital file-acceptable ???
Replies: 6
Views: 2938

Re: Disclosure -printout of digital file-acceptable ???

Simon Borys wrote:The Canada and Ontario Evidence Acts are irrelevant here, since the crown will not likely be trying to enter the officer's notes as proof of anything. The notes are to refresh his memory. His oral testimony is what the court will consider.
Thanks! That is exactly what happened.
by gramada2
Fri Oct 25, 2013 3:16 pm
Forum: General Talk
Topic: Links to AI-013
Replies: 22
Views: 6377

Re: Links to AI-013

On my trial the officer said he never read the manual and he doesn't know what is in it except the testing page :)
The Judge accepted it as normal.
by gramada2
Fri Oct 25, 2013 2:49 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 125km/h in a 80km/h zone - Interesting Day at Trial
Replies: 9
Views: 4805

Re:

The missing disclosure I requested are:

1. The officer's training record and certification related to use of radar units.

Won't get. Officer will testify if they are qualified or not. That is all that is required

2. Calibration record of laser unit.

Won't get. Tests of calibration are done before stop and after stop.

3. Copies of written ...
by gramada2
Fri Oct 25, 2013 2:28 pm
Forum: Police Clothing and Equipment
Topic: Lidar testing and operation
Replies: 0
Views: 5752

Lidar testing and operation

On my trial the officer said he never read the operating manual and he doesn't know about the clear line of view when choosing the road side location. He is shooting behind a big tree and the light beem has to go thru the branches.
He said that he tested the device before the shift but never record that and it is not documented anywhere.
Also he ...
by gramada2
Thu Oct 24, 2013 6:40 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

You are absolutely right the OHTA is the only legal document. I was pointing to the manual because of the visualization provided there . It is easier to understand the OHTA and this is the book according to which the signs are posted. That is the guideline for the traffic department where to install the signs. You have to agree to that when there ...
by gramada2
Wed Oct 23, 2013 9:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

The quoted section would actually be referring to the termination of a school safety zone, not the actual highway itself. Its basically saying when the school safety zone ends, you need to post a new sign with the (presumably) higher limit.
You are wrong here. When the school zone or community safety zone continues after the next intersection ...
by gramada2
Wed Oct 23, 2013 12:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

Whether the sign must be there or not is not an issue now. The issue in the trial was that the only supportive evidence from the officer for my conviction was the 70 speed limit sign.The officer testifies there is a speed limit sign posted. I did prove there is no sign posted and never been posted before . The senior traffic engineers can proove ...
by gramada2
Wed Oct 23, 2013 12:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

R.R.O. 1990, REGULATION 615
"(6) A speed limit sign as prescribed in section 1 shall be erected at the termination of the designated portion of the highway, except that the maximum speed shown thereon shall be the appropriate speed limit for the adjoining portion of the highway. R.R.O. 1990, Reg. 615, s. 5 (6)."
Termination of the highway is every ...
by gramada2
Tue Oct 22, 2013 8:07 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

Lesson 1: The only chance to win is the officer no show or Motion for 11b if you have to wait more than a year for the trial( i did won one and was easy-may be i was lucky)
Lesson 2: The Provincial offenses court is not a court where you can get Justice.They will get you convicted no matter
Lesson 3: The Justice of Piece is actually acting as a ...
by gramada2
Thu Aug 01, 2013 1:58 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 11b after i won the appeal
Replies: 0
Views: 2055

11b after i won the appeal

It is getting interesting here. I was convicted on the first trial . i filed an appeal and i won it. The Judge desision was that my right were violated and ordered a new trial. Went on the new trial , but no trial was held because of no time. I did request to proceed with the trial , but the Judge refused. New date was scheduled and now this is ...
by gramada2
Thu Jan 10, 2013 12:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2485

Re: Grounds for appeal ?

Appeal won! Grounds for appeal improper ruling for submitting evidence in trial.
by gramada2
Tue Oct 23, 2012 1:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure -printout of digital file-acceptable ???
Replies: 6
Views: 2938

Disclosure -printout of digital file-acceptable ???

I got a disclosure in form of a printout. The officer doesn't have hand written notes. He made his notes on the laptop.
There is no copy of his notes recorded elsewhere, so only the officer has control over it. Is this acceptable in a court and how that can be proved to be authentic and not modified at a later time? In the Evidence Act is shown ...
by gramada2
Tue Oct 23, 2012 1:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Over 1 year since charge and no trial? 11B?
Replies: 4
Views: 5458

Re: Over 1 year since charge and no trial? 11B?

I just won my case using 11b. It was quite easy. Just file it in time an get all the party stamp the application.
The funny thing in the court was the prosecutor said they never received it but their stamp was on the first page.
Also i sent 2 requests for disclosure and i did not get any. In the court the prosecutor send the officer to bring me his ...
by gramada2
Fri Jul 06, 2012 4:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

I think you misunderstood the section you've quoted. It's referring to the fact that when there is a change in the speed limit (i.e. a 80 drops down to a 50 zone), the speed limit sign should have the word "BEGINS" affixed below it. The requirement for where and how often speed limit signs need to be posted is directly above that section (600 or ...
by gramada2
Fri Jul 06, 2012 3:03 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

Here guys

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900615_e.htm#BK0

3. (1) The commencement of the part of a highway for which a maximum rate of speed is prescribed shall be indicated by a speed limit sign accompanied immediately below by a sign bearing the markings and having the dimensions as illustrated in the following Figure ...
by gramada2
Fri Jul 06, 2012 2:55 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 90 in 70 zone reduced to 80-fight or not
Replies: 41
Views: 13750

Re: 90 in 70 zone reduced to 80-fight or not

I know what you're saying, but the limit would be whatever is posted on the highway, even if there is no sign present where you turned on. I can think of a few highways near where I live which have limits lower then 80, yet the speed isn't posted at the intersections where motorists enter the highway.

OK here is the Ontario Traffic Manual .
http ...
by gramada2
Tue Jul 03, 2012 8:35 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 70 in 50km/h zone. should i fight?
Replies: 6
Views: 6627

Re: 70 in 50km/h zone. should i fight?

Fight it!
You are going to have a record anyway.$10 or $20 up and down doesn't make difference for the insurance purposes .The points are the last thing to worry about.
At least you have a chance if the cop doesn't show up.
by gramada2
Mon Jul 02, 2012 8:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2485

Re: Grounds for appeal ?

That was in Durham. Also there was another strange thing i notice in the court room.One of the officers called as a witness was with the uniform and all the guns and ammunition with him. He was in the room when the prosecutor asked the JP to let him stay like that because he did not have time to dress otherwise or something like that. There is no ...
by gramada2
Mon Jul 02, 2012 2:56 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2485

Re: Grounds for appeal ?

Thanks guys!
I know it is not worth the hassle to appeal but the trial was a real farce. At one point there was no difference between the JP and the Prosecutor.
Both of them were going to eat me alive. As for the duty of the JP to assist me in a way so i can defend my self and there is a case law and is a good reason for appeal.Here is the link to ...
by gramada2
Mon Jul 02, 2012 7:56 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Grounds for appeal ?
Replies: 7
Views: 2485

Grounds for appeal ?

I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross ...