Search found 15 matches

by Bixie
Sat Feb 25, 2017 10:35 am
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 2679

Re: Making Statements to Police Officers

A police officer receiving a report of an accident, as required by this section, shall secure from the person making the report, or by other inquiries where necessary, the particulars of the accident, the persons involved, the extent of the personal injuries or property damage, if any, and the othe...
by Bixie
Fri Feb 24, 2017 5:05 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 2679

Re: Making Statements to Police Officers

are we: 1 Talking hypothetically and 2 what did you say to the "hypothetical" Police Officer ;) This is mostly hypothetically. A similar situation (the no damage scenario) occurred last spring, with exception of the police officer driving by. I did, however, keep my lights off, and quickl...
by Bixie
Thu Feb 23, 2017 3:55 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 2679

Re: Making Statements to Police Officers

I understand that HTA 199 obliges drivers to report, "the particulars of the accident," to police only when damages exceed $1000. Since there are no damages in this case, I would think that the driver is under no obligation to state any particulars of the accident. However, suppose there w...
by Bixie
Thu Feb 23, 2017 1:39 pm
Forum: General Talk
Topic: Making Statements to Police Officers
Replies: 14
Views: 2679

Making Statements to Police Officers

Consider a common winter occurrence: It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and...
by Bixie
Thu Feb 02, 2017 5:11 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

Argyll, is there any consequence for writing frivolous tickets like this? I spent hours reviewing my case, agonizing over and preparing evidence, travelling to court, finding accommodations overnight to make the morning trial, etc. and the cop just drops the charge at the last minute. It doesn't see...
by Bixie
Thu Feb 02, 2017 1:04 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Cross-Examination Notes

Motion of Non-Suit After Prosecution Rests "Your Worship, if this is the prosecution's only witness and evidence, may I file a motion of non-suit prior to cross-examination?" "Your Worship, I would like to file a motion of non-suit. The officer testified that the accused turned behin...
by Bixie
Thu Feb 02, 2017 12:45 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Charge Withdrawn

I attended court yesterday, with great success! Prior to my trial, I prepared three USBs containing digital copies of all photo and video associated with my defense, three DVDs burned with the video, and three printed copies of original still images taken from the video, and three "enhanced&quo...
by Bixie
Tue Jan 17, 2017 9:27 am
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

Unnecessary noise (4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor sha...
by Bixie
Mon Jan 16, 2017 1:52 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

Really, a defendant cannot present logical arguments or evidence to the court without testifying?

How would that even work? Who would question for examination in chief when I am on the stand? Do I just speak freely?

Should I hire a paralegal, then?
by Bixie
Mon Jan 16, 2017 1:40 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

I appreciate your response, argyll. As I stated earlier, I honked my horn because there were two pedestrians that had just illegally crossed Albert Street, and seemed about to cross illegally across Columbia Street West. This is a neighbourhood very close to University of Waterloo and Wilfred Laurie...
by Bixie
Mon Jan 16, 2017 12:43 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

What should I do if the officer testifies beyond the scope of his disclosed notes, e.g. "The defendent did drive behind the pedestrian, but was so close, he nearly hit the pedestrian." I disagree with that statement, and I believe my dash cam would cast some doubt on that statement, but ho...
by Bixie
Thu Dec 15, 2016 6:47 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

I received disclosure today: I observed the accused's motor vehicle stopped in the left turning lane on columbia st facing westbound. I observed 3 pedestrians on columbiaa st facing eastbound waiting to cross albert st. I observed a male driver and a female front passenger in m/v. The traffic light ...
by Bixie
Sat May 14, 2016 1:21 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

So was there "lines" indicating the crosswalk at this intersection? The crosswalk is indicated by the pedestrian control signal (walk/don't walk), as well as parallel lines, which arr barely visible in the daylight (see attachment). I'm not sure what effect this has on my case. I think it...
by Bixie
Sat May 14, 2016 12:08 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

Thanks for the advice; it's a big relief to hear that you think I have a good shot. You seem quite experienced and you have a lot of posts on this forum. May I ask what your background is so I know where your perspective is? I'll look into research about court procedures to fight the ticket myself, ...
by Bixie
Sat May 14, 2016 10:26 am
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 10777

HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam

Good morning drivers, law enforcement, and traffic enthusiasts, I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left cro...

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