Search found 18 matches

by PaulinCanada
Sat Jan 07, 2012 4:23 pm
Forum: General Talk
Topic: Cops and Traffic Stops
Replies: 17
Views: 7265

Cops and Traffic Stops

If you are sitting in a vehicle, stopped, on the roadside or on private property, and a cop pulls up and blocks your vehicle from moving, other than the HTA obligations under sec 33 to identify the driver, and provide ownership and insurance info, what obligations are there?....do I have to answer questions as to what I am am doing or why or ...
by PaulinCanada
Thu Nov 24, 2011 4:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding and Aerial Survellance
Replies: 0
Views: 1586

Speeding and Aerial Survellance

Hi guys

Would anyone with some knowledge of speed enforcement techniques and prosecution care to discuss the strengths and shortcomings of aerial speed prosecution...i.e. what are the potential holes in the prosecutions case of using an aircraft and how would a defendant best exploit them...

I am potentially representing an out-of-town friend and ...
by PaulinCanada
Thu Sep 08, 2011 10:44 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket, convicted, want to appeal based on error
Replies: 6
Views: 3119

Re: Speeding ticket, convicted, want to appeal based on erro

Mis-spelled name is not a fatal error on a Provincial Offences Notce.

The court will amend the certificate to the correct spelling.

I don't know aboutthe fines, incorrect numbers on the PON can be fatal.
by PaulinCanada
Wed Sep 07, 2011 12:13 am
Forum: Parking Tickets
Topic: Ontario regulation 949
Replies: 0
Views: 1713

Ontario regulation 949

OR 949 defined the forms for parking offended etc....OR 949 has been ammended by OR 107/11...

What are the standards for parking offence notices now? Or are municipalities free to makeup
Their own forms?

Eg under 949 the office had to sign the ticket and certify service...

A recent parking ticket didn't have any of the traditional req'd elements ...
by PaulinCanada
Tue Aug 23, 2011 12:45 pm
Forum: General Talk
Topic: police request for ID
Replies: 4
Views: 5752

police request for ID

Sitting in a car, not running, on private property, minding my own business, OPP unmarked cruiser comes up behind, and parks, preventing me from moving, and then comes up and demands ID....

I can understand if I was driving the vehicle and the cop had reasonable or probable grounds to pull me over and ask for ID, reg, insurance etc....

but i was ...
by PaulinCanada
Thu Jul 14, 2011 12:58 pm
Forum: Parking Tickets
Topic: Parking Ticket with rental car
Replies: 2
Views: 6338

Parking Ticket with rental car

Hi

Got a parking ticket in Mississauga (Pearson Airport) with a rental car....can I fight the ticket? It's a rental car so I am not the registered owner....how do I go about this, or can I? eg the trial notice is usually sent to the RO (registered owner) so I wouldn't get it...and miss the court date, and then have the rental car company attach ...
by PaulinCanada
Thu Mar 03, 2011 11:20 pm
Forum: Courts and Procedure
Topic: Following too closely - need to file motion to dismiss
Replies: 5
Views: 3423

Re: Following too closely - need to file motion to dismiss

I don't have the case law in front of me, but if you get a copy of the Annotated Ontario Highway Traffic Act, and look up the charge (Follow too Close), you will see several cases that talk about the case law relevant for this charge...but the bottom line is that a rear-end collision is not sufficient evidence to convict....if that's the only ...
by PaulinCanada
Wed Sep 01, 2010 6:27 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Couple of case law examples I am looking for...
Replies: 2
Views: 1725

Couple of case law examples I am looking for...

Hi

I was talking to a paralegal and he mentioned some case law and I wrote down the names and I think I spelled them incorrectly, as I can't find them in CanLII...


Anyone have any suggestions, they had to do with disclosure (Case had something to do with Sherry Mae Hays)

Another had to do with visual estimates of speed being required(Conangy or ...
by PaulinCanada
Fri Aug 20, 2010 11:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: requesting disclosure from CPIC inquiries
Replies: 4
Views: 2541

Re: requesting disclosure from CPIC inquiries

Simon

thanks for your answer....I guess I am a little confused, because this issue seems like a Catch 22. I have to provide a reason to get something that I don't know what it's relevance is.

For example, say the officer stops you at 1625 and writes you a speeding ticket and you are on the road again at 1640.

When you get your notes, he states ...
by PaulinCanada
Fri Aug 20, 2010 11:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: incomplete disclosure
Replies: 4
Views: 2904

incomplete disclosure

Hello all

(simon or anyone else can feel free to answer)

I requested disclosure of a radar manual in original disclosure request. Didn't get disclosure until trial date, so an adjournment was granted. At that time the Provincial Prosecutor stated that it wasn't his policy to release the manual to defendants. At next hearing to set a trial date i ...
by PaulinCanada
Mon Aug 16, 2010 12:21 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: requesting disclosure from CPIC inquiries
Replies: 4
Views: 2541

requesting disclosure from CPIC inquiries

Has anyone ever asked for or received disclosure in the form of CPIC (canadian police information centre) inquiries?

What I want to know is the timing of the officer's CPIC request and how they line up with his notes....

ie I want to make sure that the note that says he was back in service occurred after his CPIC inquiries were complete...
by PaulinCanada
Mon Aug 16, 2010 12:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: disclosure notes from police/utterances - can they be used?
Replies: 2
Views: 2518

disclosure notes from police/utterances - can they be used?

I received disclosure from the Crown....and i followed up with another disclosure request to explain the officers hand written notes....

So i finally got the follow-up request...the disclosure is divided into two sections....from the note book...and it explains the officer's notes....

and there is a second section "from template"...

1/ What is ...
by PaulinCanada
Mon Aug 16, 2010 12:08 pm
Forum: Police Clothing and Equipment
Topic: Case law regarding external testing of radar unit
Replies: 1
Views: 3054

Case law regarding external testing of radar unit

Is there any case law regarding external testing of a radar unit? I know there has been some for LIDAR. In older days, a tuning fork was used but no longer? or is it dependent upon the make and model whether or nor an external test is done on the unit?

Thanks in advance.


Paul
by PaulinCanada
Tue Apr 27, 2010 12:41 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure...
Replies: 2
Views: 2511

Re: Disclosure...

Bueller, Bueller.....


any suggestions?
by PaulinCanada
Wed Apr 14, 2010 9:10 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure...
Replies: 2
Views: 2511

Disclosure...

Went to court yesterday..

Sat in the back of the court...cop hunts me down, wants to know if I want to talk to him...."no" I said. Finally, my trial is called. The Crown hands me disclosure 1 minute prior to trial.

I stated to the JP that prior to me pleading I needed to make a motion for adjourment since the Crown handed me disclosure 2 minutes ...
by PaulinCanada
Sun Apr 11, 2010 8:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: A procedural matter before trial
Replies: 1
Views: 1620

A procedural matter before trial

I have a speeding trial this week coming up, and I requested disclosure. Last Thursday the office called and told me it was ready, but that it couldn't be mailed in time, so I could get it at the trial. And its far way from my home so I couldn't pick it up.

Obviously I will not have had time to prepare for trial when I receive it that morning ...
by PaulinCanada
Tue Mar 30, 2010 1:34 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Can't find case on CanLII
Replies: 2
Views: 2459

Can't find case on CanLII

In one of the previous topics... someone quotes a case R. v. Wanamaker
(and they pasted the decision, thanks!)

But how come I can't find it on CanLII? :roll:

Case Name:
R. v. Wanamaker

Between
Her Majesty the Queen, and
Steven Wanamaker

[2005] O.J. No. 1581
by PaulinCanada
Tue Mar 23, 2010 12:02 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Polive testifying about visually observing high rate of spd
Replies: 11
Views: 2861

Polive testifying about visually observing high rate of spd

Hi all

I am new to this forum, and have a couple of questions.

I have noticed in speeding trials that police officers always testify that they visually observed the vehicle traveling at a high rate of speed (sometimes they state what their estimate was) and then they turned on the radar and confirmed this high rate of speed...(funny, its almost ...