Search found 7 matches

by ck811
Wed Oct 03, 2018 5:12 am
Forum: Careless Driving
Topic: Pedestrian Hit - Driver Only Charged Under HTA 142-1
Replies: 2
Views: 11685

To expand on admin's post, as far as I am aware, Canadian and Ontarian justice models do not necessarily subscribe to retributive justice or revenge. It is very unfortunate that you were injured by a motor vehicle while you were a pedestrian lawfully crossing an intersection. However, a charge under HTA 142(1) may be most applicable unless: it can be proven that the driver of the vehicle was driving without due care and attention or reasonable consideration (HTA 130(1)), was driving in a manner that may limit his or her ability to prudently adjust to changing circumstances on the highway (HTA ...
by ck811
Wed Oct 03, 2018 4:29 am
Forum: Police Training and Education
Topic: Received a notice of motion and cannot attend the hearing
Replies: 1
Views: 2242

In the very least: Do you have no one that can at least attend the courtroom to record at what date and time your trial is to be rescheduled? If not, you must get in contact with the prosecutor's office (attend or call) to find out when your trial has been rescheduled to.

You may have some redress under 11(b) of the Charter, but if you cannot complete the forms yourself, you will have to consult a legal professional to take further action.
by ck811
Wed Oct 03, 2018 4:05 am
Forum: General Talk
Topic: Part 3 summons under the compulsory act help!
Replies: 2
Views: 2338

If I understand correctly, the facts are: - you did not pay your insurance premium on time or as scheduled - your insurance company decided to inform the insurance bureau of such non-payment and cancel or otherwise suspend your auto insurance (this may happen automatically) - the police officer had evidence of such cancellation/suspension - which means that you were operating a motor vehicle not under contract of automobile insurance . [CAIA 2 (1)(a)] - you are guilty of this offence - if you are convicted of this offence it is a minimum 5k fine - unless you can convince the court of undue har...
by ck811
Wed Oct 03, 2018 3:35 am
Forum: Hand-held devices
Topic: Passenger video call mistaken for a selfie with driver!
Replies: 4
Views: 2489

Section 78 does not apply because ss. 78(2)(b) specifically excludes hand-held communication devices. In this case, you were charged with the correct section. Section 78.1 prohibits the use of a hand-held electronic communication device that transmits electronic data . The device in question is an electronic communication device . Since you are also communicating via a WhatsApp video call, it is also an electronic communication device that transmits electronic data. Since your passenger is holding the device in his hand, it is also a hand-held electronic communication device that transmits ele...
by ck811
Wed Oct 03, 2018 2:44 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: G2 stunt driving(clean record) went 155 in a 100
Replies: 3
Views: 3970

FYI: You have a G2 license, which is a beginners license. Your "clean" driving record does not carry the same weight as a driver who has been driving for 30 years with the same "clean" driving record. You could not even attain full driving privileges before being pulled over for 50+kph over the speed limit. I hope that you do truly regret it, iregretitireallydo. However, all is not lost, yet. I'm assuming that you received a part 3 summons with a court date. There will, most likely, not be a trial on that date. You may request disclosure at any time. You may also make conta...
by ck811
Wed Oct 03, 2018 2:25 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: early resolution notice despite requesting trial
Replies: 3
Views: 3720

You had your ticket already reduced to 10kph over. I'm not going to look it up, but I'm sure the fine is less than $50 and the demerit points are zero. I would be very surprised if you get it reduced further or withdrawn at early resolution or on day of trial. If you choose to proceed to trial, the crown will present evidence of your actual speed and, if convicted, you will be fined accordingly, along with the appropriate demerit points, if applicable. If you really can't afford it, don't speed.
by ck811
Wed Oct 03, 2018 2:11 am
Forum: General Talk
Topic: Annual Inspection / Yellow Sticker when towing travel trailer
Replies: 3
Views: 13090

Your truck MUST be registered for a minimum 6400kg. Therefore, it MUST have a yellow sticker. The travel trailer is EXEMPT, as long as it is a house trailer that is not disqualified under Reg. 611 8(9)2 (i.e. commercial or >50% floor space covered with animals, tools, equipment or vehicles).

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