Search found 339 matches

by Zatota
Mon Oct 14, 2019 5:19 pm
Forum: Stunt Driving
Topic: Seeking Advice with Stunt Driving Charge / Screening
Replies: 2
Views: 576

Re: Seeking Advice with Stunt Driving Charge / Screening

Current case law determines there's no obligation to provide a copy of the manual. That's no longer completely true. The Court of Appeal ruled in 2018 in York (Regional Municipality) v. McGuigan that the operation and testing sections of the manual are first-party disclosure and must be disclosed. ...
by Zatota
Thu Oct 03, 2019 4:59 pm
Forum: General Talk
Topic: Non-Ontarian Licenses suspended in the Martimes and moved to Ontario
Replies: 6
Views: 400

Re: Non-Ontarian Licenses suspended in the Martimes and moved to Ontario

You may have had to pay a reinstatement fee or some similar fee. If you haven't paid it, your licence may still be suspended.
by Zatota
Wed Sep 18, 2019 10:06 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need Advice on Limited Disclosure before Court Date
Replies: 12
Views: 804

Re: Need Advice on Limited Disclosure before Court Date

Speeding is hard to beat. Doing so requires creating some doubt in the officer's testimony (e.g., which car he or she identified, how he or she did so, whether there were any circumstances that could have affected the radar, etc.).
by Zatota
Mon Sep 16, 2019 9:56 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need Advice on Limited Disclosure before Court Date
Replies: 12
Views: 804

Decatur wrote:
Sun Sep 15, 2019 4:11 pm
Schlesinger is not an appeal court decision and isn’t binding on any other court.
That's true. My understanding, however, based on a number of posts I've read here and one case that I saw while waiting for my own a couple of years ago, is that JP's rely on it and apply it.
by Zatota
Sat Sep 14, 2019 7:38 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need Advice on Limited Disclosure before Court Date
Replies: 12
Views: 804

Re: Need Advice on Limited Disclosure before Court Date

I don't know the names of the cases, but others here may. All the officer has to do to test the device is to push the TEST button. He or she must do that at the start of his or her shift and at the end. The time and result of the test must be annotated in the officer's notebook. The case for this re...
by Zatota
Sat Sep 14, 2019 7:33 am
Forum: Prohibited turns
Topic: Unauthorized cross, at Portland and King St.
Replies: 3
Views: 255

Re: Unauthorized cross, at Portland and King St.

If Early Resolution is available where you live (check the back of your ticket), you can arrange a meeting with a prosecutor to see if you can make a deal. If not, request a trial and go from there.
by Zatota
Fri Sep 13, 2019 5:05 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need Advice on Limited Disclosure before Court Date
Replies: 12
Views: 804

Re: Need Advice on Limited Disclosure before Court Date

You won't get those. The information is not readily available to the prosecutor and court decisions have stated the prosecution does not need to provide them. You have every right to cross-examine a police officer as to his or her qualifications, but you won't get any documentation. Do you have the ...
by Zatota
Fri Sep 13, 2019 5:03 pm
Forum: Prohibited turns
Topic: Unauthorized cross, at Portland and King St.
Replies: 3
Views: 255

Re: Unauthorized cross, at Portland and King St.

The court can waive a fine, but not demerit points. Obviously, you will want to request disclosure and take all the usual steps. In the meantime, this would be a minor offence for insurance purposes and would have the least possible impact. You're right that you can't "blame" it on the GPS. If you a...
by Zatota
Tue Sep 10, 2019 9:21 am
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 572

Re: Got forced into an HOV lane - possible to beat it?

It'll be difficult. If you'd had the licence plate of the truck, you may have been able to subpoena its log that would have shown it was likely to have been in that area at that time. You should definitely request a trial and disclosure. The officer's notes will show what she saw and what she knows....
by Zatota
Sun Sep 08, 2019 2:21 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Chances of fighting a HOV violation (154.1 (3))
Replies: 2
Views: 367

Re: Chances of fighting a HOV violation (154.1 (3))

Demerit points don't affect insurance. What does affect it is whether offences are minor, major or serious. I believe HOV violations are minor, but I'm open to being corrected by someone who knows better. I used to use the 403 daily and was shocked at how many people use that HOV lane solo. We could...
by Zatota
Tue Aug 20, 2019 10:04 pm
Forum: General Talk
Topic: Help with Right of Way at Unusual 3 Way Stop - Northbound has Stop, Southbound has Yield, Westbound has Stop.
Replies: 3
Views: 352

Re: Help with Right of Way at Unusual 3 Way Stop - Northbound has Stop, Southbound has Yield, Westbound has Stop.

The signage at this intersection is ridiculous. I'm surprised there aren't accidents every day there. The yield sign facing southbound drivers means they must yield right of way to all oncoming traffic and may not proceed into the intersection until it is safe to do so. Any northbound drivers who ha...
by Zatota
Tue Aug 20, 2019 10:35 am
Forum: General Talk
Topic: U-Turns vs. Right-turners collisions: Who has the right of way?
Replies: 1
Views: 238

Re: U-Turns vs. Right-turners collisions: Who has the right of way?

When in doubt, I'll always stop. I'd rather be wrong or let someone else be wrong and not have an accident than be right and wind up with a dented car. When a U-turn is permitted in an intersection with a protected left turn arrow (a situation that is now very common in my area with the installation...
by Zatota
Wed Aug 14, 2019 5:16 pm
Forum: General Talk
Topic: PSA! OPP Kerry Schmidt: "LEFT LANE IS FOR PASSING"
Replies: 2
Views: 430

Amen! Too many people park themselves in the left lane and block everyone.

"We have these things called necks." Brilliant!!!
by Zatota
Mon Aug 12, 2019 1:28 pm
Forum: General Talk
Topic: Can I make a uturn on a red light if it is safe to do so?
Replies: 5
Views: 314

Re: Can I make a uturn on a red light if it is safe to do so?

You entered the intersection. Once you cross the solid stop line, you have entered the intersection. That line will always be either even with or before the end of the median or the concrete curb.

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