Search found 46 matches

by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...
by Sonic
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 ...