Search found 319 matches

by Zatota
Thu Jul 04, 2019 1:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Reduced 119 kph in a posted 80 kph - construction zone
Replies: 3
Views: 343

Re: Reduced 119 kph in a posted 80 kph - construction zone

According to the sources I checked, the offence would be considered minor. I couldn't find one that suggested being in a construction zone would make it a major offence, but am willing to defer to definitive information otherwise. You have every right to request a trial, request disclosure, see what...
by Zatota
Sun Jun 30, 2019 5:05 pm
Forum: Improper left turn
Topic: Left turn not in safety charge after an accident.
Replies: 6
Views: 287

Re: HELP: Left turn accident in the second incoming traffic lane.

There's nothing wrong with requesting a trial. The Crown still has to prove its case. You can request disclosure to see the evidence the police officer plans to present. This is a difficult charge to beat; a driver can only turn left legally when it is safe to do so.
by Zatota
Tue Jun 25, 2019 5:14 pm
Forum: General Talk
Topic: How long is too long to wait for a trial? *Hand held device*
Replies: 9
Views: 428

Re: How long is too long to wait for a trial? *Hand held device*

You probably should go. As Decatur said, if the date that's offered doesn't work, you'll have to go back and request another adjournment. You can also raise the issue of disclosure. Keep following up between now and then. The prosecutor may have the disclosure on the motion date and may provide it t...
by Zatota
Thu Jun 20, 2019 5:06 pm
Forum: General Talk
Topic: Traffic laws when in public school parking lots
Replies: 2
Views: 167

Re: Traffic laws when in public school parking lots

There's also the risk, albeit slim, of a trespassing charge for being on private property without a valid reason to be at the school or in the parking lot.
by Zatota
Fri Jun 14, 2019 2:33 pm
Forum: Failing to stop for a school bus
Topic: T-intersection school bus driver started pulling out its stop sign and bar as i was in the middle of left turning
Replies: 1
Views: 677

Re: T-intersection school bus driver started pulling out its stop sign and bar as i was in the middle of left turning

If you've started your turn or are otherwise about to pass the school bus, the driver should wait until you have passed before putting on the lights and putting out the stop sign. Alternatively, the driver should realize that you're too close to stop but that everyone else will stop.
by Zatota
Wed Jun 12, 2019 12:27 pm
Forum: General Talk
Topic: Finally received disclosure! is it too late to request a new trial date?
Replies: 2
Views: 564

Re: Finally received disclosure! is it too late to request a new trial date?

At the trial, explain how long you waited for disclosure and that you had just received it. Ask for an adjournment to give you time to prepare a full answer and defence. Also ask that the adjournment be noted as attributable to the Crown. It's not your fault it took five months.
by Zatota
Tue Jun 11, 2019 1:54 pm
Forum: General Talk
Topic: How long is too long to wait for a trial? *Hand held device*
Replies: 9
Views: 428

Re: How long is too long to wait for a trial? *Hand held device*

If you've requested disclosure and have actively followed up but do not receive it by the trial date, the court will likely adjourn the trial to allow time for disclosure. That delay will be attributable to the Crown. If you continue to follow up actively and disclosure hasn't been provided by the s...
by Zatota
Sat Jun 08, 2019 2:07 pm
Forum: General Talk
Topic: Am I Missing Anything In My Defense? 3 Tickets Permit and Validation
Replies: 3
Views: 212

Re: Am I Missing Anything In My Defense? 3 Tickets Permit and Validation

I agree with you entirely. The prosecutor, however, would say you're responsible for what's there. I still wish you luck. You may find someone with some compassion.
by Zatota
Fri Jun 07, 2019 1:01 pm
Forum: General Talk
Topic: Am I Missing Anything In My Defense? 3 Tickets Permit and Validation
Replies: 3
Views: 212

Re: Am I Missing Anything In My Defense? 3 Tickets Permit and Validation

Your analysis and defence would be great except for the renewal of the sticker. If I were the prosecutor, I would wonder how diligent you were in checking the address, plate number, etc., on the permit and would argue that you should have noticed the discrepancy. At that point, you should have tried...
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: 496

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: 7
Views: 809

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: 200

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: 655

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: 510

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: 1029

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."

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