Search found 121 matches

by Whenaxis
Thu Mar 29, 2018 10:49 am
Forum: Stunt Driving
Topic: Reviewing Disclosure for Stunt Driving Ticket
Replies: 11
Views: 2745

Re: Reviewing Disclosure for Stunt Driving Ticket

Courts (generally) look more favourably upon people who submit a guilty plea. This saves time and resources for a full trial. There are countless examples in case law (both for criminal and provincial offences) where a lesser penalty is given for a guilty plea. As I mentioned in my previous post, th...
by Whenaxis
Tue Mar 20, 2018 10:01 pm
Forum: General Talk
Topic: Need advice I'm from Moncton new Brunswick
Replies: 4
Views: 582

Re: Need advice I'm from Moncton new Brunswick

In some jurisdictions in Ontario, civilians can make complaints about driving offences to police. If the vehicle and plate information match, then some police departments will send a warning letter to the vehicle owner, which has no real legal consequences. This may also be the case in your area. He...
by Whenaxis
Mon Mar 19, 2018 10:42 am
Forum: General Talk
Topic: Illegally parked car hit from the back in underground parking - whose fault is it?
Replies: 3
Views: 1786

Re: Illegally parked car hit from the back in underground parking - whose fault is it?

In this case, I can see one of two options as to how the Fault Determination Rules will apply. Rule 17(2) does not apply in these circumstances because it requires Automobile "A" (your car) to be BOTH illegally parked AND outside a populated area - If automobile “A” is illegally parked, stopped ...
by Whenaxis
Fri Mar 16, 2018 9:12 am
Forum: Stunt Driving
Topic: Reviewing Disclosure for Stunt Driving Ticket
Replies: 11
Views: 2745

Re: Reviewing Disclosure for Stunt Driving Ticket

The officer will testify that you were traveling at 171km/h and that he tested the device based on the manufacturer's guidelines. That is enough to convict you of stunt driving, unless you're able to disprove his evidence. At early resolution, if the prosecutor doesn't offer you a deal, you can simp...
by Whenaxis
Tue Feb 06, 2018 8:39 am
Forum: Courts and Procedure
Topic: When does Dashcam Footage enter court?
Replies: 2
Views: 1217

Re: When does Dashcam Footage enter court?

The prosecution will call the officer to the stand to testify. After he is done testifying, the prosecution will introduce the video evidence similar to the process for allowing the officer to use his notes. The prosecutor will ask if they took the video, explain what is happening in the video, etc....
by Whenaxis
Tue Jan 30, 2018 10:26 pm
Forum: General Talk
Topic: Pedestrian Disobey Red Light
Replies: 7
Views: 1367

Re: Pedestrian Disobey Red Light

If a peace officer sees you committing a non-driving HTA offence (i.e. bicycle, pedestrian, passenger), you are required to identify yourself by providing your name and address. There is no requirement that you must provide a form of government issued ID, but you can be arrested if you refuse to pro...
by Whenaxis
Tue Jan 30, 2018 9:07 am
Forum: Driving While Suspended
Topic: Accident while suspended
Replies: 2
Views: 1434

Re: Accident while suspended

Can you clarify what you have been charged with on your summons? - exact wording and section
by Whenaxis
Mon Jan 29, 2018 9:14 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 91 km/h in a posted 50 zone
Replies: 5
Views: 2337

Re: 91 km/h in a posted 50 zone

While that is a possibility, the prosecutor can only amend the charge up if you choose to plead not guilty and proceed with a full trial. The officer will need to testify as to the actual speed. But if the prosecutor is unwilling to offer a plea deal, you can still plead guilty to the reduced charge...
by Whenaxis
Mon Jan 29, 2018 9:00 pm
Forum: General Talk
Topic: Pedestrian Disobey Red Light
Replies: 7
Views: 1367

Re: Pedestrian Disobey Red Light

I was always under the impression that if the driver's license is on the ticket, then upon conviction, it is an automatic process where the conviction is registered on the driving record associated with your driver's license. Even if this ends being up the case, there is no demerit points associated...
by Whenaxis
Mon Jan 29, 2018 1:44 pm
Forum: General Talk
Topic: Pedestrian Disobey Red Light
Replies: 7
Views: 1367

Re: Pedestrian Disobey Red Light

Did you provide your driver's license for ID, and does your driver's license information appear on the ticket?
by Whenaxis
Mon Jan 29, 2018 1:32 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 91 km/h in a posted 50 zone
Replies: 5
Views: 2337

Re: 91 km/h in a posted 50 zone

You also have the option of going to trial (Option 3) and request disclosure to see the evidence. After reviewing the evidence, if you don't think you can win it, you can speak with the prosecutor before the trial to get a plea deal. A possible offer could be 15km/h over the speed limit (0 demerit p...
by Whenaxis
Tue Jan 23, 2018 8:02 pm
Forum: Hand-held devices
Topic: earbuds and phone
Replies: 2
Views: 944

Re: earbuds and phone

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c. 27, Sched....
by Whenaxis
Tue Jan 23, 2018 7:35 pm
Forum: Improper passing
Topic: Passing the streetcar
Replies: 3
Views: 2022

Re: Passing the streetcar

If the woman reports it to the police, they will send you a letter and that's about it. The letter serves as a "warning" and there are no legal consequences.
by Whenaxis
Mon Jan 22, 2018 2:16 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: What to include when filing a form 4F - a question
Replies: 1
Views: 763

Re: What to include when filing a form 4F - a question

You will likely not be successful in seeking a stay. The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do) that unreasonable delay is 18 months in provincial trial courts. If it has been less than 18 months between the offence date and the tria...

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