Search found 1722 matches
- Thu Jun 08, 2017 12:20 am
- 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: 8824
Re: Failure to Stop at Red Light Defense?
So you need to see officers notes from disclosure before you can decide if you have a defense or not.
- Wed Jun 07, 2017 8:57 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: 8824
Re: Failure to Stop at Red Light Defense?
Did you receive a ticket in the mail or was it hand delivered by an officer? Plead not guilty and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes, make model serial numbers of all equipment involved, any pics video audio, any wi...
- Wed Jun 07, 2017 4:19 pm
- Forum: Stunt Driving
- Topic: Question about my stunt driving ticket.
- Replies: 2
- Views: 2827
Re: Question about my stunt driving ticket.
If it says SUMMONS at the top of your ticket, then your court date is a first appearance and is not a trial date and the officer will NOT be there. You can just plead guilty at this date (not recommended) or a better choice would be to ask for disclosure and a trial date.
- Mon Jun 05, 2017 6:56 pm
- Forum: Failing to stop for a school bus
- Topic: Failed to stop for school bus
- Replies: 16
- Views: 8299
Re: Failed to stop for school bus
Many times the evidence is not there, and a testimony will self incriminate you.
- Sun Jun 04, 2017 8:51 am
- Forum: Failing to stop for a school bus
- Topic: Failed to stop for school bus
- Replies: 16
- Views: 8299
Re: Failed to stop for school bus
If police are asking questions then the probability is that they don't have what they need to lay a charge yet, so it is definitely an all in situation.
- Fri Jun 02, 2017 6:55 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Advice on Speeding Ticket 17KM/H Over Limit
- Replies: 12
- Views: 2969
Re: Advice on Speeding Ticket 17KM/H Over Limit
Feel free to read some case laws to get an idea of what does and does not qualify: https://www.canlii.org/en/#search/jId=on&sort=decisionDatabase&text=%22defence%20of%20necessity%22%20speeding From R. v. DeFrias, 2016 ONCJ 313: THE DEFENCE OF NECESSITY [25] The Supreme Court of Canada provid...
- Fri Jun 02, 2017 4:54 pm
- Forum: General Talk
- Topic: Speeding Ticket using DashCam Footage
- Replies: 5
- Views: 4113
Re: Speeding Ticket using DashCam Footage
Maybe. Police can give you a ticket for anything somebody complains about, but they need to then show up as a witness to the event at court to testify about it. Without knowing who the driver is though, the ticket would have to be issued to the OWNER of the vehicle, unless of course the person could...
- Fri Jun 02, 2017 8:30 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Advice on Speeding Ticket 17KM/H Over Limit
- Replies: 12
- Views: 2969
Re: Advice on Speeding Ticket 17KM/H Over Limit
So your life was in danger by the other vehicle that was going to t-bone you so that would probably qualify as a defence of necessity. However to get out of the way would only require a few seconds of speeding up, so how fast could you really be going in that short period of time?
- Thu Jun 01, 2017 4:54 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Advice on Speeding Ticket 17KM/H Over Limit
- Replies: 12
- Views: 2969
Re: Advice on Speeding Ticket 17KM/H Over Limit
Speeding from 1 over to 49 over is absolute liability, although the defence of necessity is still available to you. But the defence of necessity is a pretty high bar to reach. So if you were being chased by somebody with a gun and trying to get away, then that would probably qualify. However things ...
- Wed May 31, 2017 9:20 pm
- Forum: Hand-held devices
- Topic: G2 Driver - Am I Doomed?
- Replies: 5
- Views: 2832
Re: G2 Driver - Am I Doomed?
You have a right to see the evidence they have against you. In order to do this, you need to plead NOT GUILTY and request a trial with the officer present. Once you receive your Notice of Trial, then you can request disclsoure (a copy of officers notes). The officers notes are what they will testify...
- Wed May 31, 2017 9:16 pm
- Forum: Failing to stop for a school bus
- Topic: Failed to stop for school bus
- Replies: 16
- Views: 8299
Re: Failed to stop for school bus
I am a strong believer in my RIGHTS ... and one of those is that I don't have to let police on my property without a warrant. If they have a warrant to search my property then I can't tell them to leave, which was really the point I was making. I don't know why they would have a warrant, which is wh...
- Wed May 31, 2017 8:18 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Advice on Speeding Ticket 17KM/H Over Limit
- Replies: 12
- Views: 2969
Re: Advice on Speeding Ticket 17KM/H Over Limit
If it is your word against the officers word, who do you think they are going to believe? Usually they will take officers word over yours! That said, you should plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (officer notes...
- Tue May 30, 2017 10:08 pm
- Forum: Failing to obey signs
- Topic: 182 (2) Disobey Sign for U-Turn
- Replies: 5
- Views: 7924
Re: 182 (2) Disobey Sign for U-Turn
No you do not need to file intention to appear in court if you are doing early resolution. If you do not like the outcome of early resolution, then you can tell prosecutor you would like to get disclosure and set a trial date. At trial you probably can't beat this ticket, although we need to see off...
- Tue May 30, 2017 2:10 pm
- Forum: Failing to stop for a school bus
- Topic: Failed to stop for school bus
- Replies: 16
- Views: 8299
Re: Failed to stop for school bus
If it was me, I would fight it. I would plead Not Guilty and request a trial with the officer present. Once I got my notice of trial, I would request disclosure (officer notes and witness statements). Then even assuming the notes and statement are good, I would still go to trial as both the officer ...
- Mon May 29, 2017 9:22 pm
- Forum: Failing to stop for a school bus
- Topic: Failed to stop for school bus
- Replies: 16
- Views: 8299
Re: Failed to stop for school bus
You have the right to NOT answer any questions the police ask... don't admit who was driving... just say no comment. In fact, if the police come to door you can ask them to leave your property (unless they have a search warrant).