Search found 380 matches

by highwaystar
Sun Aug 18, 2024 6:08 pm
Forum: General Talk
Topic: 17.3" Portable screen mounted on dash legal in Ontario, Canada?
Replies: 1
Views: 5956

Re: 17.3" Portable screen mounted on dash legal in Ontario, Canada?

Yes, its illegal. The monitor is connected to the phone; it is not part of a stand alone GPS unit. The fact that you are using a phone as the CPU to display information on to the screen illustrates its function. Its irrelevant what apps you decide to put on to the screen; the fact of the matter is that its not a global positioning system navigation ...
by highwaystar
Thu Nov 11, 2021 7:15 pm
Forum: General Talk
Topic: Using a blue and red strobe light and a siren on multilane highways
Replies: 16
Views: 13782

Re: Using a blue and red strobe light and a siren on multilane highways

Traffic courts do NOT factor safety when they consider whether you were speeding or not. Its an absolute liability offence. The question is simply whether you were speeding or not and whether you have a legally accepted excuse for disobeying the law (e.g. necessity). So, someone is perfectly allowed to drive at the maximum speed limit in the left ...
by highwaystar
Wed Nov 03, 2021 4:38 pm
Forum: General Talk
Topic: Using a blue and red strobe light and a siren on multilane highways
Replies: 16
Views: 13782

Re: Using a blue and red strobe light and a siren on multilane highways

the one that says "Keep right except to pass" ...

Other than to move over for emergency vehicles, a person can drive in the left lane so long as they are driving the speed limit. Its only an offence if they are driving at " less than the normal speed of traffic " in the left lane. Since no one can go beyond the speed limit, its ok to drive at ...
by highwaystar
Tue Nov 02, 2021 6:18 pm
Forum: General Talk
Topic: Using a blue and red strobe light and a siren on multilane highways
Replies: 16
Views: 13782

Re: Using a blue and red strobe light and a siren on multilane highways

What section of the HTA do you propose applies if they are going the speed limit in the left lane?
by highwaystar
Sun Oct 24, 2021 11:50 am
Forum: General Talk
Topic: Using a blue and red strobe light and a siren on multilane highways
Replies: 16
Views: 13782

Re: Using a blue and red strobe light and a siren on multilane highways

You must be trolling because no one would be this stupid!

Not only are flashing red and blue lights not permitted (s. 62(14.2)), but your dash cam footage would prove the case for the prosecutor, not to mention likely prove your speeding, unnecessary noise (with the siren) and any other aggressive behaviour you might show. At best, you are looking ...
by highwaystar
Fri Mar 05, 2021 3:31 pm
Forum: General Talk
Topic: 15KM/h over (Ticket was Reduced from 29KM/h over)
Replies: 7
Views: 4513

Re: 15KM/h over (Ticket was Reduced from 29KM/h over)

As Bend and Zatota indicated, you will have to let the prosecutor know whether you are pleading guilty or going to trial. If you are pleading guilty, they will call your matter up before the trials. If you say you want to go to trial, they will then call in the officer when they are ready to do your trial. Officers do not all show up in the morning ...
by highwaystar
Wed Feb 24, 2021 10:09 pm
Forum: Stunt Driving
Topic: Drive motor vehicle perform a stunt speeding by 50km/h a move to hit 130km/h in a 80km/h limit road
Replies: 8
Views: 5604

Re: Drive motor vehicle perform a stunt speeding by 50km/h a move to hit 130km/h in a 80km/h limit road

It's unfortunate that you couldn't have the meeting sooner. However, its still possible that on your court date the matter may get resolved. You usually get to chat with the prosecutor before court, so definitely let him know that you tried to reach him weeks before because you were hoping he would accept a guilty plea to 49 over instead. He may ...
by highwaystar
Wed Feb 24, 2021 1:39 pm
Forum: Stunt Driving
Topic: Drive motor vehicle perform a stunt speeding by 50km/h a move to hit 130km/h in a 80km/h limit road
Replies: 8
Views: 5604

Re: Drive motor vehicle perform a stunt speeding by 50km/h a move to hit 130km/h in a 80km/h limit road

Immediately request your disclosure by writing (or emailing) the Crown. Once you receive it, contact them directly via phone or email and tell them that you would like to discuss possible resolution. They may offer you 49 over at that discussion. If so, you can then plead guilty on your next court date. If they don't offer you the 49 over charge ...
by highwaystar
Wed Feb 24, 2021 1:32 pm
Forum: General Talk
Topic: Got a ticket for improper right turn
Replies: 5
Views: 10068

Re: Got a ticket for improper right turn

Unless you plan to argue that the light was NOT red or that you didn't make a right on the red, then you really have no defence. A disobey sign charge is an absolute liability offence----you either obeyed the sign or you didn't. Whether you saw the sign is irrelevant . So, unless you plan to challenge the act, your best bet is to schedule an Early ...
by highwaystar
Thu Feb 11, 2021 1:31 pm
Forum: General Talk
Topic: 150 km/hr in a posted 100 km/hr zone on highway 401
Replies: 2
Views: 4842

Re: 150 km/hr in a posted 100 km/hr zone on highway 401

Were you given a speeding ticket (i.e. Offence Notice) for 49 over or were you issued a summons for 50 over?

As Speedstar implied, there is no set fine for 50 over---so, you must go to court to find out your penalty. 49 over (and below) has an out of court settlement option via set fines.

Are you sure the officer didn't reduce the speed to 49 ...
by highwaystar
Fri Jan 22, 2021 11:07 am
Forum: Stunt Driving
Topic: Towing and storage fees after impoundment due to stunt driving
Replies: 1
Views: 4209

Re: Towing and storage fees after impoundment due to stunt driving

York Region (like most others in Ontario) now have by-laws setting out the fees that can be charged by tow companies. The price changes depending on whether it needed to be "winched", a second tow truck, or if it went outside city limits. You can review the rates for York Region here .

The one thing that you may be able to negotiate is the daily ...
by highwaystar
Mon Jan 11, 2021 11:09 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WRPS Cherry pickin. Tagged 70 in a 50. No advance warning.
Replies: 6
Views: 7932

Re: WRPS Cherry pickin. Tagged 70 in a 50. No advance warning.

Bend is correct, guidelines aren't law. They are merely recommendations and can easily be disregarded since they aren't enforceable. There is no legal requirement that prior notice of upcoming speed reductions must be given. The Ontario Traffic Manual is not a regulation, nor is it part of the HTA.
by highwaystar
Tue Sep 01, 2020 12:12 pm
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Filing claim with province for vehicle damage and/or suing province?
Replies: 2
Views: 2594

Re: Filing claim with province for vehicle damage and/or suing province?

Don't delay any further. You only have 10 days from the date of the incident to provide a written notice of claim against some government bodies (e.g. City). You don't want to restrict your claim to just the province, especially when they may have delegated some responsibilities to others such as the City or county/region. Talk to a lawyer ...
by highwaystar
Tue Aug 25, 2020 2:56 pm
Forum: General Talk
Topic: Driving with my daughter (G1 learner and epilepsy)
Replies: 1
Views: 1930

Re: Driving with my daughter (G1 learner and epilepsy)

If your license is under suspension (for any reason), then you do not meet the definition of an "accompanying driver" as per section 5(2) of Ontario Regulation 340/90.

You will see that subsection 5(2) (a) says that you must be a "fully licensed driver" which you aren't because (as per the definition in section 1(1) of that same Regulation) you ...
by highwaystar
Sat Aug 08, 2020 3:59 pm
Forum: General Talk
Topic: Truck bed seats
Replies: 1
Views: 5026

Re: Truck bed seats

It would be a nightmare to do because the regulations are VERY stringent. The law regarding legal seating capacity is quite specific. You will have to follow several laws including Canada's Motor Vehicle Safety Act and its regulations, especially section 2.2 "Seating Capacity" of its Safety Regulation , and the Motor Vehicle Restraint Systems and ...
by highwaystar
Fri Jul 31, 2020 11:31 am
Forum: General Talk
Topic: Is it mandatory to report a hit and run to police?
Replies: 2
Views: 2402

Re: Is it mandatory to report a hit and run to police?

I think it would be extremely foolish NOT to report the accident. After all, a crime may have been committed. Many people think that only the HTA offence of "Fail to Remain or Stop" applies, but there's also a criminal offence called "Failure to stop after accident" (section 320(16) of the Criminal Code) that can often apply.

Regardless, if there ...
by highwaystar
Sun Jul 26, 2020 12:15 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera has extended delay for ticket
Replies: 4
Views: 5885

Re: Red Light Camera has extended delay for ticket

If you request an ER, they can reduce the fine to $200 plus costs (which is the minimum fine). That makes the total price payable $240. Unless there is something aggravating such as speeding or pedestrians in the picture, the prosecutor should be willing to reduce it to the minimum $200. That's as low as they can go now given the applicability of ...
by highwaystar
Tue Jul 07, 2020 7:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Ticket Question and Advice - Best Option
Replies: 4
Views: 4112

Re: Speeding Ticket Question and Advice - Best Option

You certainly can ask to go to trial, request disclosure and attend your trial date to see if the officer shows up. To be safe that the price doesn't go up, just be ready to pay your ticket that day at the cashier counter BEFORE they call your trial matter up. Its cheaper to pay at the counter since its the fine on the ticket that applies (i.e. set ...
by highwaystar
Mon Jul 06, 2020 9:18 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding Ticket Question and Advice - Best Option
Replies: 4
Views: 4112

Re: Speeding Ticket Question and Advice - Best Option

It really IS up to you on how much time you want to invest in this thing. Prosecutors are NOT going to reduce your ticket any further. You already received a reduction to lower your fine and points and they will just tell you that they will be AMENDING UP back to the original speed if you go to trial. You can opt for Option 2 to hear the prosecutor ...
by highwaystar
Tue Jun 30, 2020 11:31 am
Forum: General Talk
Topic: Speeding for emergency.
Replies: 2
Views: 2545

Re: Speeding for emergency.

As Bend stated, your scenario won't satisfy the defence of necessity. After all, if it truly was an emergency, all you had to do was pull over and call 911 so that they could go pick up your mom. We have emergency vehicles for that purpose with specially trained staff. Your involvement would not be considered essential to justify breaking the law ...
by highwaystar
Tue Jun 16, 2020 11:48 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Fail to Stop
Replies: 5
Views: 5838

Re: Disobey Stop Sign - Fail to Stop

As of yet, you can't request a trial online, however, you can request a meeting with the Prosecutor (Early Resolution meeting), so that's an indirect way of getting a trial. As you can imagine, many changes are coming as a result of the new world we now live in. The government wants to reduce the number of people physically needed in the court ...
by highwaystar
Tue Jun 16, 2020 11:25 am
Forum: Stunt Driving
Topic: Should I plead guilty or not guilty for stunt driving?
Replies: 10
Views: 6579

Re: Should I plead guilty or not guilty for stunt driving?

I agree with FyreStorm that its probably best to attend your first appearance, get your disclosure and see what the offer, if any, is. Then, if the deal is not one of the ones I mentioned, or you simply wish to take it to trial, hire a paralegal.
by highwaystar
Sun Jun 14, 2020 8:27 pm
Forum: Stunt Driving
Topic: Should I plead guilty or not guilty for stunt driving?
Replies: 10
Views: 6579

Re: Should I plead guilty or not guilty for stunt driving?

Its unlikely that the prosecution will simply agree to reduce the charge to a speeding offence. 64 over has a total price of $724. So, if speeding is not offered, then you might wish to suggest a Part I careless driving charge instead since that only carries a minimum fine of $400 (total price of $490). Either is better than the minimum $2000 fine ...
by highwaystar
Sun Jun 14, 2020 1:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign - Fail to Stop
Replies: 5
Views: 5838

Re: Disobey Stop Sign - Fail to Stop

All limitation periods have been suspended until September 11, 2020. So, you have until then to decide what to do with your ticket and respond. You can choose the option for trial and then request disclosure from the Prosecution office. That way, you'll be able to see what the officer is saying such as how far from the intersection he/she was ...
by highwaystar
Fri Jun 12, 2020 11:30 am
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 5525

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

There's nothing preventing you from challenging the officer's testimony and going to trial. Its always beneficial for people like you to take matters to court when the odds are significantly against them. That's how the law gets better clarified. Since its your money, time and driving record on the line and only a few extra hundred dollars of YOUR ...
by highwaystar
Wed Jun 10, 2020 7:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 70 in a 50 zone - reduced from 86 km/hr (Disclosure Included)
Replies: 3
Views: 5532

Re: 70 in a 50 zone - reduced from 86 km/hr (Disclosure Included)

While the dash cam footage may disprove that you were the first vehicle and even challenge the officer's recollection, such evidence would have been more beneficial if the officer had used a radar device. However, in your case, they used a Laser. Undoubtedly, the officer will likely testify that they made sure the laser beam directly hit your ...
by highwaystar
Wed Jun 10, 2020 7:27 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 5525

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

I think you'll be in for quite the lesson if you go to trial. Remember, the officer does not have to write down everything in her notes; the notes aren't evidence; they are only used to refresh her memory. She just has to have an independent recollection of events and can't simply read off her notes. In your case, the officer will likely say she ...
by highwaystar
Tue Jun 09, 2020 2:24 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 5525

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

The officer paced your vehicle; she did not use a radar or laser device to get your speed. Her notes don't give a lot of detail as to how long she actually paced your vehicle (i.e. time/distance) but she says she was going 80 in a 50. Pacing is perfectly acceptable by the courts. While it is possible that you could cross-examine her on specific ...
by highwaystar
Fri Jun 05, 2020 3:05 pm
Forum: General Talk
Topic: number plate violation sec 13(2)
Replies: 1
Views: 2522

Re: number plate violation sec 13(2)

Its unlikely they will withdraw the charge. If that were going to happen, they would have done so at your early resolution meeting and avoided wasting a trial time. So,it likely will go to trial. However, it is possible that you could win at trial if you can establish a due diligence defence (as Stanton described above). But its going to be hard ...
by highwaystar
Fri Jun 05, 2020 2:57 pm
Forum: General Talk
Topic: How to file a ticket and request trial during COVID?
Replies: 5
Views: 3097

Re: How to file a ticket and request trial during COVID?

The Ontario government extended the state of emergency until June 30, 2020. They haven't updated their websites, including their e-laws site, but you can read the Legislature's standing order here to rely on. That means the limitation periods are also extended. In these crazy times, its really hard to keep up with all the changes, especially when ...