Search found 17 matches

by Brian Smith
Wed Apr 03, 2013 11:15 am
Forum: General Talk
Topic: Drivers License Medical Suspension (Due to Police Report)
Replies: 6
Views: 4503

Re: Drivers License Medical Suspension (Due to Police Report

A police officer cannot diagnose a medical condition. Even if they did, who would accept the accuracy? I've had drivers at collision scenes tell me that they blacked out, both for long term medical conditions and "its never happened before...". I've always sent letters to MTO expressing my concern, in the event that the ER doctor doesn't tell me he will be doing it. I've had a few angry phone calls from the drivers in the months that follow. One of them told me on the phone that he thought telling me he blacked out would be better than admitting he fell asleep. As an aside, I also se...
by Brian Smith
Sun Mar 03, 2013 3:29 pm
Forum: General Talk
Topic: Exhaust Loudness
Replies: 12
Views: 25922

Re: Exhaust Loudness

I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for example, trucks and MC's tend to be louder than passenger cars). When everyone in my view turns to look after source of the very loud noise coming from one specific vehicle, it makes for good evidence. ok that's very fair. really appreciate your comment. In majority of cases can you say that it would ...
by Brian Smith
Sun Mar 03, 2013 2:55 pm
Forum: General Talk
Topic: Underglow Lighting
Replies: 7
Views: 9214

Re: Underglow Lighting

I'm not aware of any provision in the HTA that prevents what you're describing. This is a Grey area in the HTA and many charges are laid, with individual JP's taking different positions on the matter. That being said, since (based on your other posts about loud exhaust, and your avatar) you appear to be either a street racer or wanna-be. Combined with your "Joe-blow cop" attitude you will no doubt be stopped and ticketed. The courts may toss the charges but you'll still spend the time and effort to fight them. Also beware that tuner cars in groups scream out "racers". Any t...
by Brian Smith
Wed Feb 27, 2013 7:27 am
Forum: General Talk
Topic: Exhaust Loudness
Replies: 12
Views: 25922

Re: Exhaust Loudness

I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for example, trucks and MC's tend to be louder than passenger cars). When everyone in my view turns to look after source of the very loud noise coming from one specific vehicle, it makes for good evidence.
by Brian Smith
Wed Jan 16, 2013 2:01 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 5435

Re: Careless in a parking lot

From the description provided I would have probably laid the same charge. I would also expect a 50/50 chance of losing the case at trial depending on the JP hearing the matter. I've had similar cases go both ways.

Regardless of disposition of the charge, your insurance company has all the relevant information and will act accordingly.
by Brian Smith
Sun Jan 13, 2013 2:19 pm
Forum: Criminal Offences
Topic: Dangerous driving charge
Replies: 4
Views: 4532

Re: Dangerous driving charge

You got a break at the roadside - I would have bailed you for breaching your conditions. As to the Dangerous charge - enjoy your 30 days inside.
by Brian Smith
Wed Jan 09, 2013 8:51 pm
Forum: Stunt Driving
Topic: stunt driving but charged with 128
Replies: 3
Views: 3404

Re: stunt driving but charged with 128

It sounds like one of three things happened: 1. The officer screwed up and wrote 128 when he meant to write 172(1). This seems more likely and I would expect you'll receive a long form summons at your door with the correct charge soon. 2. The less likely option is that he meant to issue you summons for both 128 and 172(1), messed up one of them (the one you got) and failed to give you the second one. For a while we were issuing both but stopped some time ago. 3. Final option is that he gave you the summons he messed up by mistake and still has the correct one with his other paperwork. In any o...
by Brian Smith
Mon Jan 07, 2013 9:00 pm
Forum: General Talk
Topic: Checking a Licence plate
Replies: 5
Views: 4914

Re: Checking a Licence plate

I have to agree with Simon here. Your plates are prominently displayed for a reason, and the police have the ability to run those plates. If a stop becomes justified as a result of running game those plates (unlicensed/suspended/prohibited RO, uninsured vehicle, expired validation, stolen car, Amber alert pointer vehicle, etc.) the stop has been justified by the initial information.
by Brian Smith
Thu Nov 15, 2012 11:00 am
Forum: Careless Driving
Topic: Careless Driving- Single car, no witness
Replies: 4
Views: 2534

Re: Careless Driving- Single car, no witness

If you explained all that to the officer as part of the investigation you are likely out of luck. Allowing a child to play with a helium balloon while you're the only adult passenger sounds has a somewhat expected outcome and would demonstrate "carelessness". Careless is a serious conviction to have on your record, I would speak with an agent soon for some assistance.
by Brian Smith
Thu Nov 15, 2012 10:53 am
Forum: General Talk
Topic: Charged Based on a Witness Calling OPP
Replies: 5
Views: 3114

Re: Charged Based on a Witness Calling OPP

1. You can be charged based on witness information provided to police. In this case the officer would provide to the court information relating to your identity as confirmed by the traffic stop. The civilian complaint would provide the court with his witness evidence as to a person matching your description driving a vehicle with your license plate on a highway while watching what appeared to be a tv. The two components are generally required so long as the officer doesn't actually witness you doing the same thing. 2. Whether or not the witness is required depends on what the officer observed ...
by Brian Smith
Tue Oct 30, 2012 8:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: What rules govern how cops can create traps in Ontario?
Replies: 5
Views: 3811

Re: What rules govern how cops can create traps in Ontario?

Decatur units will also provide dual signals for target vehicles.

When you (I'm guessing) started arguing with the officer about the ticket and he places it inside the cabin of your car, he "serves" you. I legal component of that ticket is that he "serve" you personally.

It may be a coincidence but 109 in an 80 is a "reduced to" speed. I'm just speculating, but was this ticket reduced from a higher speed?
by Brian Smith
Tue Oct 30, 2012 8:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light conviction question
Replies: 18
Views: 6349

Re: Red light conviction question

I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect. If you win your appeal you will receive a full refund, although it can take up to 120 days for them to send out the refund cheque. The ticket will not appear on your driving record until after your appeal has been heard and if you win your appeal it will never show up on your driving record and th...
by Brian Smith
Thu Oct 25, 2012 8:29 am
Forum: Driving While Suspended
Topic: What are the risks of driving while suspended for a dui?
Replies: 4
Views: 6180

Re: What are the risks of driving while suspended for a dui?

If caught driving while under her federal prohibition she will be arrested for criminal code Drive Disqualified. Depending on the officer she may be held for bail, and the vehicle she is driving at the time will automatically be impounded for 45 days at the owners expense. As an FYI, her driving prohibition includes any criminal code classified motor vehicle. This means the standard vehicles we all think about, but also includes E-bikes(if she is observed not using the pedals), mopeds, golf carts, lawn tractors, and anything else with a motor/engine that she drives for transportation. In my ex...
by Brian Smith
Sat Sep 01, 2012 6:51 am
Forum: General Talk
Topic: Feel Like the proper procedure wasn't followed, need opinion
Replies: 5
Views: 2072

Re: Feel Like the proper procedure wasn't followed, need opi

Your understanding of police authority is fundamentally wrong. If you are stopped at a RIDE check (which is the way it sounds), the police are following the accepted brief detention and violation of your Charter rights. If the same police observe an offence being committed as a result of that interaction you seem to believe they should be obligated to ignore it. Having someone open their car door is acceptable to facilitate an interaction with them. It happens all the time at ride checks because windows wont lower. I would suggest that your passengers contact legal representation if they choos...
by Brian Smith
Mon Apr 02, 2012 7:26 am
Forum: General Talk
Topic: Suspension and Judgement under HTA
Replies: 12
Views: 4373

Re: Suspension and Judgement under HTA

In Ontario the issuing of a license by MTO grants you permission to drive on a highway. This permission, if your license expires, ends. The courts, along with MTO, can also suspend your license. In this case you are barred by provincial law from driving on a highway. The third level would be a prohibition imposed by a criminal court, which generally bars you from driving any motorized from of transportation anywhere in Canada. Any one, two, or three of these may apply to a person.

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