Search found 46 matches
- Sat Jul 04, 2015 3:57 am
- Forum: General Talk
- Topic: Charged with " Driver fail to surrender license "
- Replies: 5
- Views: 10915
Re: Charged with " Driver fail to surrender license "
I'd still try to talk to the police officer or the prosecution. If you're a G1 driver, assuming you got it right at the beginning, you're only 16 or 17 years old, so they may just withdraw the charge, they're human after all. They're under no obligation to do so but charging a 16 year old for forgetting his license when driving when his mother ...
- Sat Jul 04, 2015 3:46 am
- Forum: General Talk
- Topic: Wrong location on a traffic ticket
- Replies: 4
- Views: 3938
Re: Wrong location on a traffic ticket
Yeah, they can amend the ticket to reflect the actual charges. Even if your ticket was actually the wrong location (like the wrong street all together), I think it's a difficult case to make unless you could have actually proved that you were never on that street with that vehicle. I don't think the wrong street is a fatal error anyway though, so ...
- Sat Jul 04, 2015 3:34 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: 80 in a 60, disclosure not very helpful
- Replies: 17
- Views: 5189
Re: 80 in a 60, disclosure not very helpful
Thank you again everyone...I'm still deciding on the appeal route and if I will take it. I'm writing up the stuff I would need to submit so if I do choose appeal, I will be ready. I think I will prepare everything then get a consult from a professional and see what they think, if it's worth it or not. I cannot thank you enough for your help from ...
- Sat Jun 27, 2015 6:37 pm
- Forum: Failing to stop for a school bus
- Topic: Fighting Ticket: Early Resolution Meeting
- Replies: 23
- Views: 15842
Re: Fighting Ticket: Early Resolution Meeting
Does early resolution count toward the insititual delay for 11b?
Nope. It's considered a neutral intake period.
That's not conclusive, it's been debated.
R. v. Jair, 2013 ONCJ 142
19. Ms. Penkow argued that the 5 month delay for the Early Resolution Meeting rests at Ms. Jairs feet. I do not agree with that argument. In Andrade, supra, at ...
Nope. It's considered a neutral intake period.
That's not conclusive, it's been debated.
R. v. Jair, 2013 ONCJ 142
19. Ms. Penkow argued that the 5 month delay for the Early Resolution Meeting rests at Ms. Jairs feet. I do not agree with that argument. In Andrade, supra, at ...
- Sat Jun 27, 2015 6:23 pm
- Forum: Careless Driving
- Topic: Hire paralegal or no?
- Replies: 11
- Views: 5498
Re: Hire paralegal or no?
While it is true that careless driver is a bit harder of a conviction to obtain simply because they have to prove that you were driving at a departure from the standard of care... I would probably suggest hiring a paralegal.
Although, in theory - it's easier to get off careless driving as opposed to say, a speeding ticket. The amount of legal ...
Although, in theory - it's easier to get off careless driving as opposed to say, a speeding ticket. The amount of legal ...
- Sat Jun 27, 2015 5:52 pm
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
Someone is simply implying to take advantage, or abide by the rights given to a person. Your suggestion implies that by using the rights awarded to you, police are going to use more intrusive methods to violate your rights... Lastly, you conclude by suggesting that you should pick your battles, otherwise inferring that by deciding not to have your ...
- Sat Jun 27, 2015 5:42 pm
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
In reply to a few of Sonics comments,
The police do not have access to any database that will tell them if a vehicle or driver are insured. The reason you may see some drivers charged with failing to have a valid insurance card is that this offence can be laid against the driver of the motor vehicle.
A charge of driving without insurance can only ...
The police do not have access to any database that will tell them if a vehicle or driver are insured. The reason you may see some drivers charged with failing to have a valid insurance card is that this offence can be laid against the driver of the motor vehicle.
A charge of driving without insurance can only ...
- Sat Jun 27, 2015 3:30 pm
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
Say this once in law school, I dare you...
Is there a point to be made here, or are we just going to lower ourselves to one liners? Feel free to discuss. It's a forum.
Someone is simply implying to take advantage, or abide by the rights given to a person. Your suggestion implies that by using the rights awarded to you, police are going to ...
- Sat Jun 27, 2015 2:05 pm
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
There's numerous instances where the Supreme Court has overruled and/or declared it's own rulings outdated. 20 years ago, it may have been necessary to stop every single car to check insurance, but advancements in technology can make it possible to check insurance without having to stop the vehicle today. Therefore, there is validation to the ...
- Sat Jun 27, 2015 11:27 am
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it.
Agreed. It is what it is and it's been decided.
Want to obstruct that process by hiding behind a closed window? You're only opening yourself up to more intrusive measures. Don't want to answer where you're going? Whatever, don't. While you ...
Agreed. It is what it is and it's been decided.
Want to obstruct that process by hiding behind a closed window? You're only opening yourself up to more intrusive measures. Don't want to answer where you're going? Whatever, don't. While you ...
- Sat Jun 27, 2015 11:26 am
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but ...
- Fri Jun 26, 2015 3:40 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: 80 in a 60, disclosure not very helpful
- Replies: 17
- Views: 5189
Re: 80 in a 60, disclosure not very helpful
Update!!
So I had my trial today, first time ever representing myself and I'm very proud of what I learned and how much more I understand how this whole process works.
I will start with the verdict:
Guilty
I had a notebook with questions, statements and my closing argument for 4 different scenarios, I had copies of case law and photographs for ...
So I had my trial today, first time ever representing myself and I'm very proud of what I learned and how much more I understand how this whole process works.
I will start with the verdict:
Guilty
I had a notebook with questions, statements and my closing argument for 4 different scenarios, I had copies of case law and photographs for ...
- Fri Jun 26, 2015 3:16 am
- Forum: General Talk
- Topic: RIDE program, your rights, weigh in
- Replies: 20
- Views: 7459
Re: RIDE program, your rights, weigh in
The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but ...
- Sat Jun 20, 2015 12:39 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 33 km/h over in a 60 km/h zone - after I already saw the cop
- Replies: 9
- Views: 3556
Re: 33 km/h over in a 60 km/h zone - after I already saw the
Just to give closure; my trial date was yesterday, and after 2 adjournments, the officer never showed up for date #3 so the case was thrown. Ultimately that's the end result I was hoping for, but considering the amount of preparation I did, I wouldn't have minded battling it out to get that result.
So thanks to Sonic's advice, I had prepared and ...
So thanks to Sonic's advice, I had prepared and ...
- Sat Jun 20, 2015 12:27 am
- Forum: General Talk
- Topic: Speeding ticket with posted speed different than bylaw speed
- Replies: 5
- Views: 2743
Re: Speeding ticket with posted speed different than bylaw s
If this is how you are going to tackle it then at your own risk...
I don't believe the charge can be amended once the trial starts so keep quiet about the bylaws. You allow the trial to begin (prior to start it will be amended to 72 in a 50).
York (Regional Municipality) v. Winlow, 2009 ONCA 643
Third issue: Is the practice of "amending up ...
I don't believe the charge can be amended once the trial starts so keep quiet about the bylaws. You allow the trial to begin (prior to start it will be amended to 72 in a 50).
York (Regional Municipality) v. Winlow, 2009 ONCA 643
Third issue: Is the practice of "amending up ...