Search found 32 matches

by hecubus
Sat Oct 31, 2015 1:37 pm
Forum: Parking Tickets
Topic: Stopped on a Signed Highway $150
Replies: 11
Views: 24326

Re: Stopped on a Signed Highway $150


That's incorrect. Being parked would absolutely fall under the definition of stopping a vehicle, both in a legal sense and common sense perspective. No parking zones allow brief exemptions to load or unload passengers and cargo whereas no stopping zones do not.
Right, and to further complicate matters, there exists "no standing" zones. These ...
by hecubus
Thu Oct 22, 2015 11:52 am
Forum: General Talk
Topic: Plea to non-HTA offence? Or non moving violation?
Replies: 5
Views: 3418

Re: Plea to non-HTA offence? Or non moving violation?


Anyone know the complete ins and outs for Allstate? It seems as though I won't take a hit for a single minor offense, but not sure about a second one.

I don't have any details re: how Allstate treats convictions, but I discovered that my insurance company provides a "conviction free discount" of 15%. In other words, a single conviction will ...
by hecubus
Thu Aug 06, 2015 2:48 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail to Stop (But it was definitely Amber!)
Replies: 17
Views: 7843

Re: Red Light - Fail to Stop (But it was definitely Amber!)

iFly55 wrote:Correct me if i'm wrong, I've only ever seen traffic lights change to amber once the pedestrian beacon is at zero.
Exactly; every traffic light controlled intersection I've encountered, when the pedestrian count down (or flashing red hand) reaches zero (or becomes a solid red hand), the light changes from green to amber.
by hecubus
Sat Jun 13, 2015 2:40 pm
Forum: General Talk
Topic: New HTA laws on the verge of passing in Ontario
Replies: 4
Views: 2807

Re: New HTA laws on the verge of passing in Ontario

The "article" is incorrect in at least one other area. The article contains the statements:

"If the bill passes, only school buses could be this colour of yellow, so some tacky muscle cars may need a paint job. (Associated Press)

The bill would also "clarify that only school buses can be painted chrome yellow." One has to wonder what, exactly ...
by hecubus
Fri Jan 16, 2015 10:00 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 145KM/HR IN 100 POSTED HWY 401
Replies: 13
Views: 6195

Re: 145KM/HR IN 100 POSTED HWY 401


I'm not able to read her handwriting

The notes are actually quite readable (compared to some of the scans other folks have provided of officers notes). The notes state:

Black Acura 2008
R.O. was driver
Radar - G2S25705
test before 1100
test after 0410

no issues male asked
if he was going to
fight the ticket
would he have to
come back to ...
by hecubus
Fri Jan 16, 2015 9:52 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 145KM/HR IN 100 POSTED HWY 401
Replies: 13
Views: 6195

Re: 145KM/HR IN 100 POSTED HWY 401

I'm guessing she meant 11:00 pm as the test time since you were stopped shortly afterwards.
Exactly. I originally wrote a start time of 11:00 am and an end time of 4:00 pm, then double checked the original post and realized the traffic stop occurred at 11:15 pm. If the times were provided in "military time", i.e. 24-hour time, she should have ...
by hecubus
Thu Jan 15, 2015 1:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 145KM/HR IN 100 POSTED HWY 401
Replies: 13
Views: 6195

Re: 145KM/HR IN 100 POSTED HWY 401

smotwani wrote: Can anyone tell me what the two numbers for test before and test after mean?
The time of day that the test was performed, i.e. 11:00 pm and 4:10 am.
by hecubus
Mon Dec 01, 2014 10:53 am
Forum: Failing to obey signs
Topic: Disobey stop sign to avoid rear end collision
Replies: 2
Views: 2540

Re: Disobey stop sign to avoid rear end collision

I have a feeling the officer would be more interested in helping and then ticketing the guy who spun out than you.
Agreed, but I should have been clearer in the original post. The other car did not spin out; the car swung out perhaps 20 degrees from the centre line and relatively quickly brought the car under control. However, I am fairly certain ...
by hecubus
Fri Nov 28, 2014 2:41 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 7952

Re: G2 w/ BAC above 0...this is a nightmare

Thanks for providing all the details; a very interesting read. BTW, good job buddy! :-)
by hecubus
Fri Nov 28, 2014 2:35 pm
Forum: Failing to obey signs
Topic: Disobey stop sign to avoid rear end collision
Replies: 2
Views: 2540

Disobey stop sign to avoid rear end collision

Several months ago, I continued through a 4-way stop sign (there were no other vehicles at, or approaching, the intersection) to avoid a rear-end collision. I did NOT receive an offence notice, so the following question is hypothetical: If an officer had witnessed my vehicle disobeying the stop sign and then issued an offence notice, would the ...
by hecubus
Fri Nov 28, 2014 1:06 pm
Forum: General Talk
Topic: G2 w/ BAC above 0...this is a nightmare
Replies: 27
Views: 7952

Re: G2 w/ BAC above 0...this is a nightmare

I fought the charges and won the case. No fines, suspensions, plea bargains or points.
Could you please provide more details on exactly how you managed to win the case? IMO, the events that occur within the court (or beforehand with the prosecutor) are some of the most interesting bits of information available from this discussion forum. Thanks ...
by hecubus
Mon Sep 15, 2014 5:35 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Construction Zone - Sped Up to Allow Traffic In - Speed Trap
Replies: 7
Views: 3386

Re: Construction Zone - Sped Up to Allow Traffic In - Speed

It doesn't appear you meet the necessity defence. The problem with your safety decision is that you were already speeding before the event began. You can't be doing +15km/h and then for safety go +42km/h especially in a construction zone with workers present.
Right, from a safety standpoint and thus the court's point of view, the safe decision is ...
by hecubus
Mon Sep 15, 2014 3:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Construction Zone - Sped Up to Allow Traffic In - Speed Trap
Replies: 7
Views: 3386

Re: Construction Zone - Sped Up to Allow Traffic In - Speed

gamerzfuse wrote:Hello,
what I'm reading, that's a $504 fine that they are charging me $634 for and possibly as many as 8 points (those are doubled also?)
From what I understand, only the fine is doubled, not the number of demerit points.
by hecubus
Fri Sep 05, 2014 1:19 pm
Forum: Failing to stop for a school bus
Topic: Can I get a ticket?
Replies: 1
Views: 3166

Re: Can I get a ticket?

Can I get a ticket for this?
The following is Section 175(11) of the Highway Traffic Act:

Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the ...
by hecubus
Wed Jul 09, 2014 10:11 am
Forum: Careless Driving
Topic: Rear ended school bus 2X - court dates soon. Advice please
Replies: 13
Views: 5076

Re: Rear ended school bus 2X - court dates soon. Advice plea

Thanks for the details. Indeed you were lucky to have the first charge dismissed since from what I understand, the likelihood of the police officer not showing up to trial is pretty slim.
by hecubus
Tue Jul 08, 2014 1:10 pm
Forum: Careless Driving
Topic: Rear ended school bus 2X - court dates soon. Advice please
Replies: 13
Views: 5076

Re: Rear ended school bus 2X - court dates soon. Advice plea

I agree, however I doubt miscutsie is even looking at this site anymore

Actually, MissCutzie just started a thread yesterday about another careless driving charge: http://www.ontariohighwaytrafficact.com/topic6534.html

According to that new thread, the charges discussed here were " dropped by proving mechanical defect" . More details please!
by hecubus
Fri Jun 06, 2014 10:53 am
Forum: Careless Driving
Topic: Rear ended school bus 2X - court dates soon. Advice please
Replies: 13
Views: 5076

Re: Rear ended school bus 2X - court dates soon. Advice plea

287 wrote:
Can you provide any details as to how your strategy worked? There are so many here hoping to make the same happen.
Indeed, I'm sure most folks will be interested to hear how _both_ charges were dismissed.
by hecubus
Tue May 20, 2014 10:36 am
Forum: General Talk
Topic: Can You NOT Pick Up Disclosure In Person?
Replies: 5
Views: 2834

Re: Can You NOT Pick Up Disclosure In Person?

holiday_mazda wrote:does anyone else have any info in this? I see some posts referring to mailed disclosures..
Depending on the jurisdiction, the disclosure materials can be scanned and then e-mailed out. Just over a year ago, I received disclosure via e-mail; the accident occurred in the City of Ottawa.
by hecubus
Fri Aug 30, 2013 3:15 pm
Forum: General Talk
Topic: Careless Driving WTF I couldn't have been any more Careful!
Replies: 18
Views: 7296

Re: Careless Driving WTF I couldn't have been any more Caref

So from what I've been reading here it seems that the "Careless" Charge is being tossed around like confetti at a party tying up the court systems for what to try to get higher convictions for lesser charges?
FYI, the following article covers the topic of the careless driving charge being applied indiscriminately:

http://www.guelphmercury.com ...
by hecubus
Tue Aug 20, 2013 10:32 am
Forum: General Talk
Topic: utility trailer ownership
Replies: 3
Views: 3985

Re: utility trailer ownership

Decatur wrote:If it's a homebuilt it might not even have a serial number and just the receipt should do.
Correct. Some years back, I purchased a home built trailer for $1.00 from a family member, and was able to register the trailer. The vehicle vehicle portion of the permit lists "HOME" as the 'Make', and the 'Model' field was left blank.
by hecubus
Fri Apr 26, 2013 1:11 pm
Forum: Traffic Offences Outside Ontario
Topic: Ticket in Gatineau for expired Ontatio plate -service date?
Replies: 7
Views: 7433

Re: Ticket in Gatineau for expired Ontatio plate -service da

Furthermore, there is no "Option 2", i.e. request to meet with the prosecutor for early resolution (aka "First Attendance Meeting")
I should point out that my offence was being handled by the Chelsea court, but I assume the same pair of options exist throughout Quebec ("plea guilty" or "plea not guilty"). Of course there is the option to "plea ...
by hecubus
Fri Apr 26, 2013 12:55 pm
Forum: Traffic Offences Outside Ontario
Topic: Ticket in Gatineau for expired Ontatio plate -service date?
Replies: 7
Views: 7433

Re: Ticket in Gatineau for expired Ontatio plate -service da

when I noticed that the "Service Date" is missing on the ticket. We are supposed to reply within 30 days of the Service Date as per the back of the ticket *Issued by les Collines de L'Outaouis*
Forgot to address the above point in the previous reply. Indeed the "Service Date" was also blank on my offence notice. Given that the notice was sent by ...
by hecubus
Fri Apr 26, 2013 12:24 pm
Forum: Traffic Offences Outside Ontario
Topic: Ticket in Gatineau for expired Ontatio plate -service date?
Replies: 7
Views: 7433

Re: Ticket in Gatineau for expired Ontatio plate -service da

Anyone with this same experience?
Yes! I received the same ticket in the regular mail about 3 weeks after parking in a Camp Fortune parking lot. As you mentioned, I discovered this was a regular practice, i.e. for the Gatienau/Chelsea police to scour parking lots for expired Ontario plates (and apparently unlocked car doors!).

After some ...
by hecubus
Wed Mar 06, 2013 12:36 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Need Advice: Trial in 15days..is it too late to request one?
Replies: 5
Views: 2861

Re: Need Advice: Trial in 15days..is it too late to request

And I would like to share my experience..

Thanks for providing an update, specifically the final outcome and your experience in the courtroom; it is most appreciated.

There are so many threads where help is requested, some replies are posted, then nothing. If folks could simply post a quick reply about what happened, even if it's decided to ...
by hecubus
Fri Feb 08, 2013 9:47 am
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8566

Re: HTA 141(5) - left turn at T intersection


I will have to double check my file folder at home, but I believe the City of Ottawa by-law was:

Traffic and Parking By-law No. 2003 - 530
PART "A": RULES OF THE ROAD
81. (3)

http://ottawa.ca/en/residents/laws-licenses-and-permits/laws/traffic-and-parking-law-no-2003-530-0/part-rules-road#obstructing

After checking my file folder, I can ...
by hecubus
Thu Feb 07, 2013 1:02 pm
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8566

Re: HTA 141(5) - left turn at T intersection

Decatur wrote:Additionally, you've probably been found at fault by your insurance company under the Ontario fault determination rules. These rules apply regardless of whether there is a charge laid or not.
Correct. The insurance company determined that I was 100% at fault, and the decision was made regardless of the state of the HTA 141(5) charge.
by hecubus
Thu Feb 07, 2013 12:59 pm
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8566

Re: HTA 141(5) - left turn at T intersection

Congrats. Sounds like you got a reasonable deal.
Thanks. Yes I figured it was a reasonable deal. As mentioned in the previous post, I was shooting for a "dismissal with costs" deal, but the by-law infraction was a reasonable counter-offer.



Out of curiosity, what jurisdiction was this? It seems like Crown's are becoming less inclined to offer ...
by hecubus
Wed Feb 06, 2013 2:12 pm
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8566

Re: HTA 141(5) - left turn at T intersection

Update: The trial occurred a few days ago. I arrived at court early so that I could observe which witnesses actually showed up for the trial, and thus determine if a deal should be attempted with the prosecutor before the trial starts. The investigating police officer showed up (not really an issue since the officer didnt actually witness the ...
by hecubus
Fri Jan 25, 2013 1:02 pm
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8566

Re: HTA 141(5) - left turn at T intersection


... it appears the prosecutor might be subpoena the witness and the other driver to appear in court. Is this information typically provided with the disclosure, or is this a question that needs to be explicitly posed to the prosecutor?

Talked to the prosecutor today, and indeed the other driver and witness have been subpoenaed to appear in ...
by hecubus
Mon Jan 21, 2013 4:55 pm
Forum: Improper left turn
Topic: HTA 141(5) - left turn at T intersection
Replies: 11
Views: 8566

Re: HTA 141(5) - left turn at T intersection


I've performed some reading about the court proceedings, but I am not sure exactly how to "tell my story". At this point, I am thinking of posing the following questions to the investigating officer during cross examination:


Reading a bit more on this forum, it appears the prosecutor might be subpoena the witness and the other driver to appear ...