Search found 10 matches

by terdferguson
Thu Sep 20, 2018 10:01 pm
Forum: General Talk
Topic: speeding school zone lights flashing max speed 40 km/hr
Replies: 5
Views: 300

Nothing needs to be noted in the code box. Sometimes the officer will write "R" for reduced, but definitely not mandatory. School zone does not need to be added to the wording. You may want to check the signage in the area to make sure the school zone signs/flashing lights were clearly posted for th...
by terdferguson
Tue May 15, 2018 10:58 pm
Forum: Failing to stop for a school bus
Topic: Half way stopped for school bus :(
Replies: 7
Views: 344

Re: Half way stopped for school bus :(

There could be a possibility if you ran the red stop sign...but if a school bus is just stopped without that stop sign sticking out you are not required to stop. I disagree - you are required to stop. The mechanical stop arm is totally irrelevant. Section 175(11)&(12) HTA have no requirement for a ...
by terdferguson
Fri May 11, 2018 8:23 pm
Forum: Summon
Topic: Blank summons
Replies: 2
Views: 235

Re: Blank summons

If you appeared in court after receiving the summons, then it has served it's purpose. A summons is just to get you in the door at court. It's no longer relevant in my opinion. You've since been to court many times. I would presume you were instructed on court record by the JP when to return to cour...
by terdferguson
Mon Apr 23, 2018 7:17 pm
Forum: Hand-held devices
Topic: Falsely Charged with a hand held ticket.
Replies: 9
Views: 518

Re: Falsely Charged with a hand held ticket.

You described the phone being in your lap.... Was it resting on your leg or on the seat between your legs? Just so you're aware, the courts have previously ruled that having the phone resting on your thigh while seated is "holding". The officer's notes are pretty vague for this type of charge - no m...
by terdferguson
Wed Apr 04, 2018 10:05 pm
Forum: General Talk
Topic: Red & Blue Lights "Carrying" & "Casting"
Replies: 2
Views: 323

Re: Red & Blue Lights "Carrying" & "Casting"

Section 62(1) HTA refers to the lamps required on a motor vehicle and it is very clear. You can only display white or amber light on the front of your vehicle in the manner described. If I were driving toward you and could see any other colour than white or amber, that would be an offence. Even if t...
by terdferguson
Wed Apr 04, 2018 9:52 pm
Forum: General Talk
Topic: Introducing evidence to court, researching the law
Replies: 18
Views: 1136

Re: Introducing evidence to court

What have you actually received for disclosure? You're entitled to a copy of the officer's notes and the testing procedure of the speed measuring device used. A copy of the entire manual cannot be disclosed without a court order as it is a "third party record" (neither owned by the police or the Cro...
by terdferguson
Mon Feb 19, 2018 5:32 pm
Forum: Parking Tickets
Topic: Handicap permit
Replies: 3
Views: 244

Re: Handicap permit

Did this happen in Toronto by chance?

If so, you might find this Youtube video helpful. Seems to fit the situation you described.

https://www.youtube.com/watch?v=asZ3X6VLGIA&t=29s
by terdferguson
Thu Nov 16, 2017 12:24 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Possible Logic Win?
Replies: 10
Views: 447

Re: Possible Logic Win?

Most, if not all, police agencies in Ontario don't issue a certificate for radar operator training. It is sufficient for the officer to testify that they are a qualified radar operator. That is widely accepted by the courts. In fact, I've seen a officer asked if he had a certificate on the witness s...
by terdferguson
Mon Oct 16, 2017 8:45 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 139 in 90 reduced from 140/141, Error in Officer Notes
Replies: 6
Views: 376

Re: 139 in 90 reduced from 140/141, Error in Officer Notes

The officer's notes are not meant to be a novel including every single detail. They are HIS notes and are supposed to be brief. They are made to simply refresh the officer's memory. The officer will ultimately testify to the specifics of how he tested the radar and that is something you could ask hi...
by terdferguson
Sun Sep 03, 2017 8:20 pm
Forum: Hand-held devices
Topic: Display screen visible to driver
Replies: 1
Views: 336

Display screen visible to driver

Could you, in theory and within the scope of the current law, watch a movie on an iPhone mounted to your windshield while driving - without touching the device or holding it? Section 78 appears to exempt the screen of a prescribed hand-held device. While I believe this would be absolutely dangerous,...

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