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by Decatur
Wed Sep 20, 2017 7:56 pm
Forum: Hand-held devices
Topic: Hand held device - court
replies: 5
views: 970

Re: Hand held device - court

Whether you own the vehicle or not has no bearing on what a fine should be in this case, and most others. Zero points is not an option if convicted of this offence.
Maybe the prosecutor needs to go back to school.
by Decatur
Tue Sep 19, 2017 2:37 pm
Forum: Hand-held devices
Topic: Hand held device - court
replies: 5
views: 970

Re: Hand held device - court

I honestly don't think the prosecutor knows what they're talking about. There is no short wording for the offence of owner use handheld device. Demerit points are also out of the control of the JP and prosecutor. They are applied by the MTO after a conviction. What charge are they actually using to ...
by Decatur
Wed Sep 06, 2017 2:49 pm
Forum: General Talk
Topic: bicycle fails to trip green light sensor coil
replies: 11
views: 877

Re: bicycle fails to trip green light sensor coil

If you're turning from a one way street to a one way street you can go left on a red light.
by Decatur
Mon Sep 04, 2017 11:58 am
Forum: Hand-held devices
Topic: Display screen visible to driver
replies: 1
views: 582

Re: Display screen visible to driver

No. Because it's not a device "prescribed" by Regualtion 366/09
by Decatur
Fri Aug 25, 2017 2:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
replies: 20
views: 1997

Re: Failure to stop. 136(1)(b)

A fatal error is something on the face of a ticket that a JP can see is obviously an egregious error. An example would be no city or location, no name of an accused, etc. Remember that the JP does not have the privilege of knowing the evidence related to the ticket at the time and they are also not ...
by Decatur
Sun Aug 06, 2017 3:57 pm
Forum: Parking Tickets
Topic: Old Carriage Court Kitchener
replies: 6
views: 647

Re: Old Carriage Court Kitchener

What other people were doing on Google maps won't have any effect on any current ticket. You just happen to have been caught on that particular day.
by Decatur
Sun Aug 06, 2017 7:13 am
Forum: Parking Tickets
Topic: Old Carriage Court Kitchener
replies: 6
views: 647

Re: Old Carriage Court Kitchener

Of course It's a two way street. Otherwise traffic could go down and not get out or visa versa. Traffic must generally park with right wheels to the curb line. You won't find any ministry documents to help you out either. It's a by-law and you should be able to locate it on the website for the local...
by Decatur
Sun Jul 30, 2017 7:54 pm
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
replies: 10
views: 2223

Re: Received red light camera ticket

Just so you're aware, the Provincial Offence Officer who certifies, does NOT have to appear in court just because you want them there. You're not likely to get a JP to order the appearance. As per the HTA: Challenge to officer’s evidence 205.20 (1) The provincial offences officer who us...
by Decatur
Sun Jul 30, 2017 7:46 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Caught speeding excessively but wasn't pulled over
replies: 8
views: 993

Re: Caught speeding excessively but wasn't pulled over

They can't charge the owner for speeding or stunt. They have to identify the driver.
by Decatur
Fri Jul 21, 2017 7:58 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
replies: 37
views: 2271

Re: 121 km/h in a posted 80 km/h - Disclosure attached

A 300 m shot with a beam width of .75m (yes that is the correct width for some Lidar) is very easy with a motor vehicle approaching while your off to the side of the road. With zero magnification as well. It's an every day occurrence.
by Decatur
Sun Jul 16, 2017 8:10 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
replies: 79
views: 3183

Re: Speeding and Follow Too Closely

Take a shot by adding that your first option would be to have the case withdrawn, then the next option would be to have an adjournment attributable to the prosecutor.

You can't get a hit if you don't swing.
by Decatur
Tue Jul 04, 2017 9:47 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Stunt Driving in Peel
replies: 8
views: 1091

Re: Stunt Driving in Peel

The trial can also be held in any adjacent jurisdiction. As per the Ontario Provincial Offences Act.
by Decatur
Wed Jun 21, 2017 10:55 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Caselaw for speeding on curved road
replies: 5
views: 561

Re: Caselaw for speeding on curved road

If you're basing your appeal on the fact that the Lidar was "inaccurate" you're going to have a very difficult time. From you description it sounds like the officer was not level with the path of travel and off to the side. This would produce a cosine angle affect that would put the reading displaye...
by Decatur
Thu Jun 15, 2017 4:50 pm
Forum: Courts and Procedure
Topic: Prosecutor didn't read the charges
replies: 4
views: 749

Re: Prosecutor didn't read the charges

The prosecutor doesn't read the charges out in court. The Court Clerk or sometimes the JP does this. It's not usually done until just before the accused enters a plea of guilty or not guilty. In your case you're attempting to do neither.
by Decatur
Thu Jun 01, 2017 5:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice on Speeding Ticket 17KM/H Over Limit
replies: 12
views: 917

Re: Advice on Speeding Ticket 17KM/H Over Limit

Slight correction. Speeding is always absolute liability. The offence of stunt driving with the speeding component is strict liability.

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