Search found 121 matches
- Thu Mar 29, 2018 10:49 am
- Forum: Stunt Driving
- Topic: Reviewing Disclosure for Stunt Driving Ticket
- Replies: 11
- Views: 6964
Re: Reviewing Disclosure for Stunt Driving Ticket
Courts (generally) look more favourably upon people who submit a guilty plea. This saves time and resources for a full trial. There are countless examples in case law (both for criminal and provincial offences) where a lesser penalty is given for a guilty plea. As I mentioned in my previous post, th...
- Tue Mar 20, 2018 10:01 pm
- Forum: General Talk
- Topic: Need advice I'm from Moncton new Brunswick
- Replies: 4
- Views: 1518
Re: Need advice I'm from Moncton new Brunswick
In some jurisdictions in Ontario, civilians can make complaints about driving offences to police. If the vehicle and plate information match, then some police departments will send a warning letter to the vehicle owner, which has no real legal consequences. This may also be the case in your area. He...
- Mon Mar 19, 2018 10:42 am
- Forum: General Talk
- Topic: Illegally parked car hit from the back in underground parking - whose fault is it?
- Replies: 3
- Views: 4177
Re: Illegally parked car hit from the back in underground parking - whose fault is it?
In this case, I can see one of two options as to how the Fault Determination Rules will apply. Rule 17(2) does not apply in these circumstances because it requires Automobile "A" (your car) to be BOTH illegally parked AND outside a populated area - If automobile “A†is illegally parked...
- Fri Mar 16, 2018 9:12 am
- Forum: Stunt Driving
- Topic: Reviewing Disclosure for Stunt Driving Ticket
- Replies: 11
- Views: 6964
Re: Reviewing Disclosure for Stunt Driving Ticket
The officer will testify that you were traveling at 171km/h and that he tested the device based on the manufacturer's guidelines. That is enough to convict you of stunt driving, unless you're able to disprove his evidence. At early resolution, if the prosecutor doesn't offer you a deal, you can simp...
- Wed Feb 14, 2018 2:23 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Failure to Stop at Red Light Defense?
- Replies: 22
- Views: 8774
Re: Failure to Stop at Red Light Defense?
You're likely not going to get a response from jsherk.
- Tue Feb 06, 2018 8:39 am
- Forum: Courts and Procedure
- Topic: When does Dashcam Footage enter court?
- Replies: 2
- Views: 2837
Re: When does Dashcam Footage enter court?
The prosecution will call the officer to the stand to testify. After he is done testifying, the prosecution will introduce the video evidence similar to the process for allowing the officer to use his notes. The prosecutor will ask if they took the video, explain what is happening in the video, etc....
- Tue Jan 30, 2018 10:26 pm
- Forum: General Talk
- Topic: Pedestrian Disobey Red Light
- Replies: 7
- Views: 3118
Re: Pedestrian Disobey Red Light
If a peace officer sees you committing a non-driving HTA offence (i.e. bicycle, pedestrian, passenger), you are required to identify yourself by providing your name and address. There is no requirement that you must provide a form of government issued ID, but you can be arrested if you refuse to pro...
- Tue Jan 30, 2018 9:07 am
- Forum: Driving While Suspended
- Topic: Accident while suspended
- Replies: 2
- Views: 2855
Re: Accident while suspended
Can you clarify what you have been charged with on your summons? - exact wording and section
- Mon Jan 29, 2018 9:14 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 91 km/h in a posted 50 zone
- Replies: 5
- Views: 5857
Re: 91 km/h in a posted 50 zone
While that is a possibility, the prosecutor can only amend the charge up if you choose to plead not guilty and proceed with a full trial. The officer will need to testify as to the actual speed. But if the prosecutor is unwilling to offer a plea deal, you can still plead guilty to the reduced charge...
- Mon Jan 29, 2018 9:00 pm
- Forum: General Talk
- Topic: Pedestrian Disobey Red Light
- Replies: 7
- Views: 3118
Re: Pedestrian Disobey Red Light
I was always under the impression that if the driver's license is on the ticket, then upon conviction, it is an automatic process where the conviction is registered on the driving record associated with your driver's license. Even if this ends being up the case, there is no demerit points associated...
- Mon Jan 29, 2018 1:44 pm
- Forum: General Talk
- Topic: Pedestrian Disobey Red Light
- Replies: 7
- Views: 3118
Re: Pedestrian Disobey Red Light
Did you provide your driver's license for ID, and does your driver's license information appear on the ticket?
- Mon Jan 29, 2018 1:32 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 91 km/h in a posted 50 zone
- Replies: 5
- Views: 5857
Re: 91 km/h in a posted 50 zone
You also have the option of going to trial (Option 3) and request disclosure to see the evidence. After reviewing the evidence, if you don't think you can win it, you can speak with the prosecutor before the trial to get a plea deal. A possible offer could be 15km/h over the speed limit (0 demerit p...
- Tue Jan 23, 2018 8:02 pm
- Forum: Hand-held devices
- Topic: earbuds and phone
- Replies: 2
- Views: 2152
Re: earbuds and phone
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c. 27, Sched....
- Tue Jan 23, 2018 7:35 pm
- Forum: Improper passing
- Topic: Passing the streetcar
- Replies: 3
- Views: 7035
Re: Passing the streetcar
If the woman reports it to the police, they will send you a letter and that's about it. The letter serves as a "warning" and there are no legal consequences.
- Mon Jan 22, 2018 2:16 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: What to include when filing a form 4F - a question
- Replies: 1
- Views: 1849
Re: What to include when filing a form 4F - a question
You will likely not be successful in seeking a stay. The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do) that unreasonable delay is 18 months in provincial trial courts. If it has been less than 18 months between the offence date and the tria...