Search found 22 matches

by arnoldstheman
Wed Oct 07, 2015 5:46 pm
Forum: General Talk
Topic: Officer failed to sign ticket?
Replies: 7
Views: 2009

Re: Officer failed to sign ticket?

Yes, but a copy of that should be included in my disclosure?
by arnoldstheman
Wed Oct 07, 2015 1:16 pm
Forum: General Talk
Topic: Officer failed to sign ticket?
Replies: 7
Views: 2009

Re: Officer failed to sign ticket?

Thanks for the help!

Could I not just request a trial and present the unsigned ticket then? I'm assuming this was not recommended because I would be running the risk of the prosecutor realizing the ticket is unsigned and have the officer issue me another ticket with the 6 month limitation period?

Thoughts on this? Thanks for the support
by arnoldstheman
Mon Oct 05, 2015 6:02 pm
Forum: General Talk
Topic: Officer failed to sign ticket?
Replies: 7
Views: 2009

Officer failed to sign ticket?

Hi There,

If an individual were to receive a hand written ticket from an officer, and the officer fails to sign it, is this a fatal error?

If so, is it better to plead not guilty or do nothing?

Thank you
by arnoldstheman
Thu Dec 04, 2014 3:09 pm
Forum: General Talk
Topic: Fatal Error
Replies: 1
Views: 1257

Fatal Error

I am assuming this is a long shot...

If an officer appears to make an error on the total payable fine, can it be cause for it to be invalid. For example, if the total payable fine were $110.00 but the officer put $110.60, is there any chance of having the ticket withdrawn?

2 points that come to mind:

1) The officer can simply say it is a zero but appears as a 6 on the ticket
2) It is such a marginal error it may not matter


Thoughts on this? Is it even worth bringing up?

Thanks
by arnoldstheman
Fri Oct 24, 2014 12:10 am
Forum: General Talk
Topic: Ticket In RIDE program?
Replies: 14
Views: 5377

Re: Ticket In RIDE program?

Thanks for the advice, already on top of that. Plate has been installed and pics taken. While I agree with what you are saying, the point I am trying to make is ride programs are legal for the reasons which you quoted, however, police cannot just set up random checkpoints to search for any HTA violations. While I agree with what you are saying that the OPP wait on ramps to search for such offences, I highly doubt they are forcing every vehicle to stop and then search for violations....the rights of the drivers are not impeded until the officer notices the violation. In my case, I was stopped a...
by arnoldstheman
Thu Oct 23, 2014 7:18 pm
Forum: General Talk
Topic: two speeding ticket questions about early reso/challenge
Replies: 1
Views: 1457

Re: two speeding ticket questions about early reso/challenge

In order to give you proper advice I would need to know:

1) The specific charges (how much you were speeding by)
2) Previous driving convictions

FYI...you will be able to meet with the prosecutor before your trial (if you choose to proceed this way) to discuss an early resolution.

As you stated you are from out of town, however, if your charges are serious in nature, it may be worthwhile to attend court. Like I said, I need to know more specifics...
by arnoldstheman
Thu Oct 23, 2014 7:10 pm
Forum: General Talk
Topic: Ticket In RIDE program?
Replies: 14
Views: 5377

Re: Ticket In RIDE program?

I can see the argument from the other side. The reason I am having such a hard time with accepting the charge is because of the way I was detained. To me, by the officer failing to tell me he was conducting a ride checkpoint, and failing to ask if I have had anything to drink was not right. As I stated, the officer pointed to my front plate as I pulled up toward him, before he would be able to smell any alcohol or visually see if I was impaired or not. He simply pointed to my plate and said pull over and then issued me a PON. The way I was stopped makes it appear that the officer was setting u...
by arnoldstheman
Thu Oct 16, 2014 2:14 pm
Forum: General Talk
Topic: Ticket In RIDE program?
Replies: 14
Views: 5377

Re: Ticket In RIDE program?

This is not a general police checkpoint. It is a RIDE program. The primary aim is not to target people for driving offences, it is to remove drunk drivers for the road. There is a reason the whole idea of ride checks went to the supreme court of Canada, it is a violation of the charter. However, it was ruled that this infringement on citizens is necessary for the security of citizens because impaired drivers are being removed from the road. As I stated earlier, this was not a RIDE program conducted with several officers. There were only 2 officers conducting the RIDE stops. Therefore, the offi...
by arnoldstheman
Thu Oct 16, 2014 1:40 pm
Forum: General Talk
Topic: Record
Replies: 5
Views: 1763

Re: Record

Yes, argyll, however, it is perfectly legal to ask police services to remove non-conviction records. They do not have too, but they may chose too.

Therefore, could I not contact the police service and ask for the record to be destroyed, just as I could if I called to complain about a loud party on my block?
by arnoldstheman
Wed Oct 15, 2014 10:34 pm
Forum: General Talk
Topic: Ticket In RIDE program?
Replies: 14
Views: 5377

Re: Ticket In RIDE program?

Thank you Stanton. There are a few points I wish to state. In the case of R. v. Mellenthin, [1992] 3 S.C.R. 615, it is stated that "The primary aim of check stop programs, which result in the arbitrary detention of motorists, is to check for sobriety, licences, ownership, insurance and the mechanical fitness of cars" I do not see how a licence plate would fit any of these categories- It is not a mechanical issue, I provided the PO with DL, INS and OWN, and was sober. Also, there were only 2 POs conducting the RIDE checkpoint. At the time I was signaled to the side, the other officer ...
by arnoldstheman
Wed Oct 15, 2014 9:02 pm
Forum: Compulsory Automobile Insurance Act
Topic: Compulsory Automobile Insurance Act 3 (1)
Replies: 9
Views: 8442

Re: Compulsory Automobile Insurance Act 3 (1)

Met with a different prosecutor. Explained the situation to him and said if the charge is not withdrawn I am prepared to file for an 11 (b). He withdrew the charge :)
by arnoldstheman
Wed Oct 15, 2014 7:07 pm
Forum: General Talk
Topic: Record
Replies: 5
Views: 1763

Re: Record

Thank you OPS Copper. Is it possible to have this information removed, as it would be to ask a police service to remove a non-conviction record?

Thank you
by arnoldstheman
Tue Oct 14, 2014 3:06 pm
Forum: General Talk
Topic: Ticket In RIDE program?
Replies: 14
Views: 5377

Ticket In RIDE program?

Can police issue a ticket for a non-drinking related offence in a ride program?

I was issued a ticket for no front plate while going through a ride program.

It is my understanding that the SCC ruled that ride programs are justified in that the removal of freedom of the person is acceptable because of the removal of impaired drivers from the road. In other words, the benefits outweigh the costs. However, I thought it was also ruled that RIDE checks may only be used for that purpose, and not for any other investigation?
by arnoldstheman
Tue Oct 14, 2014 1:03 pm
Forum: General Talk
Topic: Ticket In RIDE program?
Replies: 14
Views: 5377

Charged for other offence with going through ride program

So this morning I come up to what appears to be a ride program. As the officer waves me up to him, he says "why is your front plate in your dash?" I asked him what the reason for stopping me was and all he said was please pull to the side. The officer then approached me and asked for my DL INS and OWN. I provided him with all 3 documents and he said be right back. After 20!, 20! minutes he returns and says I am issuing you a ticket for not displaying two plates. I then asked the officer what was the reason for stopping me today. He said "its a ride program". I then said whe...
by arnoldstheman
Tue Oct 14, 2014 12:55 pm
Forum: General Talk
Topic: Record
Replies: 5
Views: 1763

Record

Do acquitted charges remain on ones record? I have received 7 tickets since I began driving, however, with the help of this site and other people I have managed to have 6 of the 7 withdrawn. When I am pulled over by police, can they see that I have been charged 7 times?

Will these charges always exist in the system even though I have been deemed not guilty in a court of law?

Thank you

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