One of the officers may correct me if I'm wrong but I seem to remember from high school law that there is are steps that much be followed in order to officially place somebody under arrest and under citizens arrest. I think it was something along the lines of you must declare who you are and why you are arresting them and then you must physically touch them. I seem to remember my law teacher saying something along the lines of if this didn't happen you can potentially be charged with wrongful detainment or the person can get off on a technicality? My memory is rather fuzzy on the whole subject...

cattlerepairman wrote:Not adding any info, but I asked three different officers (2 Ottawa police and 1 OPP and received 3 divergent opinions).

Well I think this answers the question. Depending on the officer you may or may not get away with it without getting a ticket so you'll have to weigh your options on this one. If only all laws could be this black and white

Best bet would be to bring the updated documents with you to the prosecutor and see what they'll do for you. I imagine you should at the very least be able to get one dropped assuming you're apologetic and polite.

"Ignorant" - lacking knowledge or awareness in general; uneducated or unsophisticated.

PS I just thought I'd mention that even though I don't currently own an overpriced car, I sure do enjoy being able to drive the car I have!

NotAcriminal wrote:That is the typical uneducated, unsympathetic reply I would expect from a cop.

That is the typical, uneduated, unsympathetic reply I would expect from some bone head who hasn't learnt his lesson...



Just saying.

Stunt driving knocked down to 15km/h over at roadside! That can happen? You should realize you were given a HUGE break and there's a good chance if you take it to trial the prosecutor won't be too happy that you're looking for a further reduction and amend it back up to 116 in a 60. My suggestion if you feel brave: at the first attendance bring your insurance and ownership with you and see if you can get one or both of those withdrawn but let the prosecutor know you will be pleading guilty to the speeding charge and are very grateful for the reduction you were given. If the prosecutor still do...

I don't know about you, but I sure feel great knowing that money is being to have this prosecutor go to appeals court over this case. Why even waste the resources fighting this even further from the city's perspective? You must have made that prosecutor look really dumb in court or maybe you looked at him the wrong way...

HTA 78(1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver I read this as: if my passenger is using their mp3 player in the front seat, I can get a ticket if I can just SEE their screen. It doesn't even say the screen needs to be on. I never realized blank screens were so distracting to the driver :wink: Here's an example: I was travelling with a friend of my dad's from Ottawa to Toronto last weekend and received a text message while in the front passenger seat during the ride. I re...

Okay in regards to your inquiry you should know that in Canada our civil law system isn't any where near as F***ed as our neighbours to the South. In Canada you are typically only able to collect two different kinds of damages: special and general damages. Special damages are those which compensate for quantifiable injuries, things that a dollar value can be attached to (ex: having to repair a window that your neighbour broke). General damages are damages that compensate for injuries that cannot be expressed in monetary terms (ex loss of future earning capacity because you lost a limb that you...

ManlyMinute wrote: And on a more serious note, can I open a suit against the department because the officer forged my witness statement, admitted to it, and may have therefore commited pergury? (This is an exploritory question so please don't grill me.)

Just to clarify: by opening a suit, do you mean you're thinking of suing?

Will it go on my record at all? And do I get charged anymore than the $110.00? And would this affect my insurance? Also, if I fight it, does it get cleared completely off my record and if I fight it does it still affect my insurance? I was also wondering, when going to fight it, in this situation would I need a lawyer? I assume I could just go on my own? This would go on your driving record and can be seen by your insurance company if convicted. My guess is that an insurance company probably will not look favourably at all on this but I can't say 100% for sure. If you fight the ticket and win...

beleafer81 wrote:

Radar Identified wrote:

beleafer81 wrote:Should have break checked him.

That's also stunt driving per O. Reg 455/07:

True but its not what you know its what you can prove. It would be hard to prove intent.

Very true, it's probably harder to prove in court. That said, I still find it scary that my car can get impounded and I'd have to pay towing + impound fees even if intent can't be proven.

JohnnyKickass wrote:Ok I know it's just $20 but with two days off work already and gas (court is in another city) I'm sure I'm down $400 by now.

Sunk costs shouldn't be considered when making decisions about the future. Economics 101.

coolcustomer wrote:There are tools out there that say they can detect radar or lidars. I don't know if it has to actually hit your car or not to be detected. Then you can record the time. At least you might be able to date and time stamp.

This could work if you don't mind fighting one extra ticket because radar detectors are illegal in Ontario. But hey you're going to be in court that day anyways might as well make it count

Bamelin wrote:Oh noes,
I'm wondering if I have grounds to request a Stay under 11b of the Charter ? The new court date will place me at 16 months when I go to trial again. Seems unreasonable ...

You can always request an 11b it's just whether or not the JP accepts your argument. 16 months puts you in a pretty good position unless you have caused a delay in the trial process already (which it doesn't sound like you have). Good luck.