Search found 6 matches

by Driveslow
Sun Sep 15, 2019 10:34 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 3294

From what I've read, they would have to disclose the recordings if any to you before the trial or you can object to the evidence if brought up in trial.

Also read they can't say what you said unless they can show it was done freely, they would have to do something called a voir dire.
by Driveslow
Fri Sep 13, 2019 10:19 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 3294

Hope it works out well for you in court. I wonder if it depends on how the JP feels about the case. I can see why you didn't cross the buffer zoned though: "Buffer zones 3. (1) Entry and exit points at which vehicles may enter or exit high occupancy vehicle lanes are located between buffer zone...
by Driveslow
Wed Sep 11, 2019 9:23 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 3294

I'm curious as to where the police was in relation to you, she saw this all in her rear view? If it is through the rear view, I'm wondering if it could be questioned whether she even had a clear view of the situation. From a lay person's point of view, defence of necessity from avoiding a truck coll...
by Driveslow
Thu Apr 11, 2019 6:34 pm
Forum: Hand-held devices
Topic: Hand-held device placed securely in motor vehicle
Replies: 5
Views: 3192

That's an interesting angle. It does mention that the handheld device "does not move while the vehicle is in motion"... and arguably it can move around in the centre console (e.g. fast turns/stops).
by Driveslow
Tue Apr 09, 2019 10:31 pm
Forum: Hand-held devices
Topic: Hand-held device placed securely in motor vehicle
Replies: 5
Views: 3192

R. v. Fernandes-Salema, 2019 ONCJ 67

It seems to mean that you actually need a mounting device, so centre console would not count.
by Driveslow
Wed Mar 06, 2019 10:28 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Testing after traffic-stop not required for Laser Ally?
Replies: 7
Views: 3682

Thank you hightrafficact and all posters for the useful information that help those who want to defend themselves. This post was very useful for me because I ended up searching through canlii for speeding and the Atlanta laser device. In the convictions I saw in case law, there were tests done befor...

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