Search found 673 matches

by Decatur
Sun Jul 30, 2017 7:54 pm
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
replies: 10
views: 1340

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: 661

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: 1085

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: 1731

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Take a shot by adding that your first option would be to have the case withdrawn, then the next option would be to have an adjournment attributable to the prosecutor.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: 737

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: 391

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: 496

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: 523

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.
by Decatur
Tue May 30, 2017 11:10 pm
Forum: Failing to obey signs
Topic: 182 (2) Disobey Sign for U-Turn
replies: 5
views: 677

Re: 182 (2) Disobey Sign for U-Turn

102(2) doesn't mean that the owner can be convicted of those offences like a red light camera offence. It simply says you that the owner can't be convicted under section 182. Unless they were also the driver. But the conviction would be against them as the driver. 182(2) has no provision in the sect...
by Decatur
Sun May 14, 2017 6:49 pm
Forum: General Talk
Topic: license suspended but ownership of a car?
replies: 4
views: 263

Re: license suspended but ownership of a car?

Having a valid licence is not a condition of owning a motor vehicle. Someone who's never had a licence can still own a motor vehicle. MTO simply creates a RIN for the person.
They'll likely use the old RIN.. (which in a lot of cases is the same as the DL number)
by Decatur
Tue Apr 18, 2017 2:55 pm
Forum: General Talk
Topic: Speeding ticket with fatal error?
replies: 34
views: 1072

Re: Speeding ticket with fatal error?

I thought it was a 9.1. Oh well....
by Decatur
Tue Apr 18, 2017 12:19 pm
Forum: General Talk
Topic: Speeding ticket with fatal error?
replies: 34
views: 1072

Re: Speeding ticket with fatal error?

You're probably also going to want a transcript for the court that convicted you. You'll likely have to pay for this as well.
by Decatur
Thu Apr 13, 2017 7:35 am
Forum: Courts and Procedure
Topic: Disclosure MUST be viewed "in our office"
replies: 4
views: 442

Re: Disclosure MUST be viewed "in our office"

Ah. The "shopping list" o a full copy of the police officer’s notes; You'll get this o a copy of both sides of the officer’s copy of the ticket (Notice of Offence); You may get another of this. You may still have your copy o a typed version of any hand written notes; You wo...
by Decatur
Wed Apr 12, 2017 8:40 pm
Forum: Courts and Procedure
Topic: Disclosure MUST be viewed "in our office"
replies: 4
views: 442

Re: Disclosure MUST be viewed "in our office"

Without knowing what you requested for disclosure, I don't think anyone could offer and suggestions.
Can you clarify what you asked for?
by Decatur
Sat Apr 08, 2017 8:52 am
Forum: General Talk
Topic: Tint law on new vehicles
replies: 5
views: 4875

Re: Tint law on new vehicles

The Passenger/Light-Duty Vehicle Inspection Standard of 70% of light transmittance is not roadside enforceable and there is no charge under the HTA based on a percentage for any window covering. The enforcement section under the HTA is still based on section 73. Equipment obstructing view Signs, obj...

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