Search found 298 matches

by highwaystar
Thu Sep 13, 2018 6:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket charge under section 129 instead of 128
replies: 3
views: 420

Re: Speeding ticket charge under section 129 instead of 128

Are you sure its a 9 that is displayed? It could simply be a faded 8 missing a loop. Scan a copy and post it here for the opinion of others.
by highwaystar
Mon Jun 25, 2018 8:30 pm
Forum: Stunt Driving
Topic: Something feels fishy with my stunt driving charge
replies: 4
views: 563

Re: Something feels fishy with my stunt driving charge

Decatur is correct; once they charge you with stunt driving they MUST take your licence and detain the vehicle. Its not discretionary. They only have the discretion whether to charge you with stunt---but don't have the discretion to decide whether to take your licence and vehicle away once they DO c...
by highwaystar
Mon Jun 25, 2018 6:54 pm
Forum: Stunt Driving
Topic: Something feels fishy with my stunt driving charge
replies: 4
views: 563

Re: Something feels fishy with my stunt driving charge

You'll need to get your disclosure first to see what the officer is alleging. It may very well be that you are not being charged for stunt driving as a result of speed. A lot of other scenarios can amount to stunt driving, including: intentionally doing burnouts, drifts outs or donuts driving in the...
by highwaystar
Sat Jun 23, 2018 12:34 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: calibration certificate/history?
replies: 4
views: 462

Re: calibration certificate/history?

I just re-read my post and apologize for the typo I made---you can also make O'Connor applications in the OCJ court as well (not just Superior court). There's a process for it, including giving notice to the 3rd parties affected.
by highwaystar
Fri Jun 22, 2018 12:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: calibration certificate/history?
replies: 4
views: 462

Re: calibration certificate/history?

The records you are seeking are not ' fruits of the investigation ' so they are considered 3rd party records. As such, they do not need to be disclosed by the Crown as part of their Stinchcombe disclosure requirements. Rather, you must proceed via an O'Connor application in Superior Court to obtain ...
by highwaystar
Tue Jun 12, 2018 1:07 pm
Forum: Failing to share the road
Topic: Do I need to yield on a narrow street?
replies: 15
views: 1072

Re: Do I need to yield on a narrow street?

Your question is not without merit---the wording of the law can easily be misinterpreted. While s. 148(1) requires you to share half of the roadway the problem lies with the use of the word "free" at the end of the paragraph. 148 (1) Every person in charge of a vehicle on a highway meeting another v...
by highwaystar
Mon Jun 11, 2018 4:49 pm
Forum: Failing to share the road
Topic: Do I need to yield on a narrow street?
replies: 15
views: 1072

Re: Do I need to yield on a narrow street?

... not exactly, no one needed to yield, just slow down. Also in this particular case, there was a line of parked cars, rather than an obstacle. A line of parked cars IS an obstacle. The definition of an obstacle is " a thing that blocks one's way or prevents or hinders progress ". So, ANYTHING (in...
by highwaystar
Mon Jun 11, 2018 12:04 pm
Forum: Failing to share the road
Topic: Do I need to yield on a narrow street?
replies: 15
views: 1072

Re: Do I need to yield on a narrow street?

The one with the obstacle in front of them is the one who must yield. Its clear as day. Why would the opposing driver (with no obstacle in front of them (e.g. parked car) have to take any steps when they have a clear path? It would be a mockery of traffic law any other way. The odd thing is that man...
by highwaystar
Thu Jun 07, 2018 1:50 pm
Forum: Hand-held devices
Topic: Court Convicts Driver for using Apple Watch
replies: 1
views: 260

Court Convicts Driver for using Apple Watch

Just wanted to bring to everyone's attention a recent Guelph decision where the JP convicted a woman for using her Apple Watch while driving. Here's the National Post article: http://nationalpost.com/news/canada/a-cellphone-taped-to-someones-wrist-woman-looking-at-apple-iwatch-found-guilty-of-distra...
by highwaystar
Mon Jun 04, 2018 1:04 pm
Forum: Hand-held devices
Topic: Got a Cellphone Ticket, Officer Unsure, Notes Different
replies: 9
views: 713

Re: Got a Cellphone Ticket, Officer Unsure, Notes Different

Your dash cam doesn't show the inside of your vehicle, so its of limited use to the elements of the case. The officer says he saw you holding the phone on your lap and using it (which usually includes touching the phone). The prosecution only needs to prove one. Your defence seems to be that the off...
by highwaystar
Mon Apr 23, 2018 5:02 pm
Forum: Hand-held devices
Topic: Falsely Charged with a hand held ticket.
replies: 9
views: 1021

Re: Falsely Charged with a hand held ticket.

Be aware that the law applies "while HOLDING or USING a hand-held". You don't have to actually be holding the cell phone to be convicted; simply using it is enough. So, if the cell was on your lap and you were looking at it for any non-emergency purpose, that qualifies as 'using' it. FYI, a driver w...
by highwaystar
Tue Jan 09, 2018 7:21 pm
Forum: Careless Driving
Topic: Careless driving +3 more tickets
replies: 1
views: 711

Re: Careless driving +3 more tickets

Its quite normal to provide blacked out portions of the officer's notes---its almost always just info about another case. It is rare if it is redacted (blacked out) AND it also deals with your matter. That's almost never done in HTA cases; you'll find it more in criminal court in serious crimes to p...
by highwaystar
Sat Jan 06, 2018 8:34 pm
Forum: Driver failing to wear a seat belt
Topic: Fight driver no seatbelt ticket with due diligence defence
replies: 21
views: 1310

Re: Fight driver no seatbelt ticket with due diligence defen

It would have been nicer to win after a trial, but you still got the desired outcome. Congratulations! Now, put that seatbelt back in your car! :lol:
by highwaystar
Thu Jan 04, 2018 3:41 pm
Forum: Driver failing to wear a seat belt
Topic: Fight driver no seatbelt ticket with due diligence defence
replies: 21
views: 1310

Re: Fight driver no seatbelt ticket with due diligence defen

I forgot you were facing two offenses. Your strategy should therefore be different. When you attend court, do not discuss the case with the prosecutor. Simply tell him you want to go to trial. The reason for this is to not give them a chance to obtain MTO files confirming your plate was expired. Too...
by highwaystar
Thu Jan 04, 2018 12:17 pm
Forum: Driver failing to wear a seat belt
Topic: Fight driver no seatbelt ticket with due diligence defence
replies: 21
views: 1310

Re: Fight driver no seatbelt ticket with due diligence defen

As Argyll states, you make the motion for non-suit AFTER the prosecution closes its case (before the Defence decides whether to give evidence). So, the steps are: 1) Prosecution calls its witness; 2) Defence cross-examines; 3) Prosecution may re-examine its witness on "new" matters brought up during...

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