Search found 310 matches

by Zatota
Sun May 19, 2019 1:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket, but not going the speed the radar clocked
replies: 3
views: 118

Re: Speeding ticket, but not going the speed the radar clocked

Unless you can prove the unit was malfunctioning (and that's almost impossible to do), it will be deemed to be working properly. You're going to have to find a better defence than "I know I wasn't driving that quickly." Your best chance is that the officer's notes don't document start- and end-of-sh...
by Zatota
Sat May 18, 2019 11:28 am
Forum: Stunt Driving
Topic: 52 km/hr over driving on the 401 in January 2019
replies: 6
views: 456

Re: 52 km/hr over driving on the 401 in January 2019

You don't want an extension of time and you don't want to appeal. You want to have the matter reopened (that's a much easier process). Go to the court as quickly as possible and ask for the form to have the matter reopened. You will have to explain why you want it reopened; just say that your parale...
by Zatota
Tue Apr 23, 2019 4:23 pm
Forum: General Talk
Topic: Driving in Ontario on American Learner's Permit
replies: 1
views: 136

Re: Driving in Ontario on American Learner's Permit

All driving in Ontario is governed by the HTA, so she will have to comply with all provisions of the Act, including having you or someone else who's eligible riding beside her. She also has to be 16 (I know some states allow people as young as 14 or 15 to have learner permits; I could probably look ...
by Zatota
Tue Apr 23, 2019 4:13 pm
Forum: Failing to stop for a school bus
Topic: HTA 175(11) Changed to (20) during Early Resolution Meeting Question.
replies: 4
views: 330

Re: HTA 175(11) Changed to (20) during Early Resolution Meeting Question.

The owner will have to pay, as the conviction will be in his, her or its name, but you should, of course, offer to reimburse the owner. A conviction of the owner does not affect anyone's driving record as no driver has been identified or convicted. There are no insurance implications.
by Zatota
Tue Apr 23, 2019 4:00 pm
Forum: Hand-held devices
Topic: Help with cell ticket - 78.1(1) received 11/22/2018
replies: 2
views: 275

Re: Help with cell ticket - 78.1(1) received 11/22/2018

Differences between handwritten notes and electronic notes are meaningless. Notes are simply that; they are not evidence. If you can poke holes in the spotter's story (you hadn't been stopped, ask how he identified that you were holding a cellphone, what type of phone he thinks he saw, etc.), you ma...
by Zatota
Wed Apr 10, 2019 8:29 pm
Forum: Hand-held devices
Topic: Hand-held device placed securely in motor vehicle
replies: 5
views: 554

Re: Hand-held device placed securely in motor vehicle

In the Fernandes-Salema case, the defendant actually held the phone, that is, had it in his hand. In my friend's case, he simply pushed a button to answer a call without actually holding it. To both him and me, the question remains how courts define "placed securely."
by Zatota
Tue Apr 09, 2019 4:19 pm
Forum: Hand-held devices
Topic: Hand-held device placed securely in motor vehicle
replies: 5
views: 554

Re: Hand-held device placed securely in motor vehicle

Thanks, FyreStorm. Do you have a case name? I've been going crazy trying to find one.
by Zatota
Tue Apr 09, 2019 8:28 am
Forum: Careless Driving
Topic: {Seeking Advice} Careless Driving ticket after accident along with prior 2 speeding tickets, all within 3 weeks
replies: 1
views: 287

Re: {Seeking Advice} Careless Driving ticket after accident along with prior 2 speeding tickets, all within 3 weeks

You may be able to get the first one reduced, but probably not enough to eliminate the points (maybe bring it down to two). If the second one hasn't already been reduced, you may be able to get that one reduced as well to 65 to eliminate the points, especially if it comes up sufficiently quickly aft...
by Zatota
Thu Apr 04, 2019 2:38 pm
Forum: Hand-held devices
Topic: Hand-held device placed securely in motor vehicle
replies: 5
views: 554

Hand-held device placed securely in motor vehicle

Hi everyone. I'm asking for a friend who has a question of interpretation. He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added): Exemption for pressing buttons 14....
by Zatota
Thu Mar 28, 2019 9:55 am
Forum: Stunt Driving
Topic: 52 km/hr over driving on the 401 in January 2019
replies: 6
views: 456

Re: 52 km/hr over driving on the 401 in January 2019

Maybe there's an argument that the speed recorded was your friend's, but the officer's notes make it clear that you were both travelling approximately the same speed consistently. If you can get a deal at 49 over, you should consider yourself fortunate, especially given that you had just been convic...
by Zatota
Wed Mar 27, 2019 8:27 am
Forum: Improper passing
Topic: Trial strategy for Pass Off Roadway HTA 150(2)
replies: 3
views: 362

Re: Trial strategy for Pass Off Roadway HTA 150(2)

Is part of the shoulder paved? Subsection 150 (3) allows a driver to pass in the manner you did when the vehicle ahead is turning left or the driver has signalled an intention to turn left and the shoulder is paved. If some of it is, you may be able to raise the argument that you reasonably believed...
by Zatota
Sun Mar 24, 2019 10:11 am
Forum: General Talk
Topic: Payment made 4 days late, but able to pay and shows as active. Am I ok?
replies: 2
views: 487

Re: Payment made 4 days late, but able to pay and shows as active. Am I ok?

If you have a receipt for payment, you'll be fine. No one's going to refund your payment and put you in default.
by Zatota
Mon Mar 18, 2019 4:30 pm
Forum: Hand-held devices
Topic: Hand-held device ticket - Requested Disclosure for 8 months but haven't received. Court this week
replies: 2
views: 461

Re: Hand-held device ticket - Requested Disclosure for 8 months but haven't received. Court this week

Go to court with several copies of your e-mails, logs of your phone calls, etc. When you arrive, the Prosecutor will ask you what you want to do. Tell him or her that you requested disclosure eight months ago and have followed up diligently. The Prosecutor may have copies of your e-mails to verify; ...
by Zatota
Sun Mar 03, 2019 12:29 pm
Forum: Hand-held devices
Topic: Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer.
replies: 1
views: 355

Re: Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer

You have the right to tell your story and to cross-examine both officers. Handheld tickets are difficult to beat, but if Officer 1 can't describe your cellphone and you can get him to acknowledge that you may have been trying to close a Tic Tac box, you could have a chance.
by Zatota
Sun Feb 17, 2019 11:49 am
Forum: Stunt Driving
Topic: 61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.
replies: 3
views: 629

Re: 61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.

Perhaps you could post the disclosure here (just make sure you black out any personal information). One or more people could advise you as to whether you may be able to do better.

Go to advanced search