Search found 17 matches

by Brian Smith
Wed Apr 03, 2013 11:15 am
Forum: General Talk
Topic: Drivers License Medical Suspension (Due to Police Report)
Replies: 6
Views: 3916

Re: Drivers License Medical Suspension (Due to Police Report

A police officer cannot diagnose a medical condition. Even if they did, who would accept the accuracy? I've had drivers at collision scenes tell me that they blacked out, both for long term medical conditions and "its never happened before...". I've always sent letters to MTO expressing my...
by Brian Smith
Sun Mar 03, 2013 3:29 pm
Forum: General Talk
Topic: Exhaust Loudness
Replies: 12
Views: 24544

Re: Exhaust Loudness

I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for ex...
by Brian Smith
Sun Mar 03, 2013 2:55 pm
Forum: General Talk
Topic: Underglow Lighting
Replies: 7
Views: 7948

Re: Underglow Lighting

I'm not aware of any provision in the HTA that prevents what you're describing. This is a Grey area in the HTA and many charges are laid, with individual JP's taking different positions on the matter. That being said, since (based on your other posts about loud exhaust, and your avatar) you appear t...
by Brian Smith
Wed Feb 27, 2013 7:27 am
Forum: General Talk
Topic: Exhaust Loudness
Replies: 12
Views: 24544

Re: Exhaust Loudness

I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for exa...
by Brian Smith
Wed Jan 16, 2013 2:01 pm
Forum: Careless Driving
Topic: Careless in a parking lot
Replies: 7
Views: 4804

Re: Careless in a parking lot

From the description provided I would have probably laid the same charge. I would also expect a 50/50 chance of losing the case at trial depending on the JP hearing the matter. I've had similar cases go both ways. Regardless of disposition of the charge, your insurance company has all the relevant i...
by Brian Smith
Sun Jan 13, 2013 2:19 pm
Forum: Criminal Offences
Topic: Dangerous driving charge
Replies: 4
Views: 4100

Re: Dangerous driving charge

You got a break at the roadside - I would have bailed you for breaching your conditions. As to the Dangerous charge - enjoy your 30 days inside.
by Brian Smith
Wed Jan 09, 2013 8:51 pm
Forum: Stunt Driving
Topic: stunt driving but charged with 128
Replies: 3
Views: 3027

Re: stunt driving but charged with 128

It sounds like one of three things happened: 1. The officer screwed up and wrote 128 when he meant to write 172(1). This seems more likely and I would expect you'll receive a long form summons at your door with the correct charge soon. 2. The less likely option is that he meant to issue you summons ...
by Brian Smith
Mon Jan 07, 2013 9:00 pm
Forum: General Talk
Topic: Checking a Licence plate
Replies: 5
Views: 4032

Re: Checking a Licence plate

I have to agree with Simon here. Your plates are prominently displayed for a reason, and the police have the ability to run those plates. If a stop becomes justified as a result of running game those plates (unlicensed/suspended/prohibited RO, uninsured vehicle, expired validation, stolen car, Amber...
by Brian Smith
Thu Nov 15, 2012 11:00 am
Forum: Careless Driving
Topic: Careless Driving- Single car, no witness
Replies: 4
Views: 2163

Re: Careless Driving- Single car, no witness

If you explained all that to the officer as part of the investigation you are likely out of luck. Allowing a child to play with a helium balloon while you're the only adult passenger sounds has a somewhat expected outcome and would demonstrate "carelessness". Careless is a serious convicti...
by Brian Smith
Thu Nov 15, 2012 10:53 am
Forum: General Talk
Topic: Charged Based on a Witness Calling OPP
Replies: 5
Views: 2723

Re: Charged Based on a Witness Calling OPP

1. You can be charged based on witness information provided to police. In this case the officer would provide to the court information relating to your identity as confirmed by the traffic stop. The civilian complaint would provide the court with his witness evidence as to a person matching your des...
by Brian Smith
Tue Oct 30, 2012 8:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: What rules govern how cops can create traps in Ontario?
Replies: 5
Views: 3221

Re: What rules govern how cops can create traps in Ontario?

Decatur units will also provide dual signals for target vehicles. When you (I'm guessing) started arguing with the officer about the ticket and he places it inside the cabin of your car, he "serves" you. I legal component of that ticket is that he "serve" you personally. It may b...
by Brian Smith
Tue Oct 30, 2012 8:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red light conviction question
Replies: 18
Views: 4895

Re: Red light conviction question

I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect...
by Brian Smith
Thu Oct 25, 2012 8:29 am
Forum: Driving While Suspended
Topic: What are the risks of driving while suspended for a dui?
Replies: 4
Views: 5598

Re: What are the risks of driving while suspended for a dui?

If caught driving while under her federal prohibition she will be arrested for criminal code Drive Disqualified. Depending on the officer she may be held for bail, and the vehicle she is driving at the time will automatically be impounded for 45 days at the owners expense. As an FYI, her driving pro...
by Brian Smith
Sat Sep 01, 2012 6:51 am
Forum: General Talk
Topic: Feel Like the proper procedure wasn't followed, need opinion
Replies: 5
Views: 1665

Re: Feel Like the proper procedure wasn't followed, need opi

Your understanding of police authority is fundamentally wrong. If you are stopped at a RIDE check (which is the way it sounds), the police are following the accepted brief detention and violation of your Charter rights. If the same police observe an offence being committed as a result of that intera...
by Brian Smith
Mon Apr 02, 2012 7:26 am
Forum: General Talk
Topic: Suspension and Judgement under HTA
Replies: 12
Views: 3394

Re: Suspension and Judgement under HTA

In Ontario the issuing of a license by MTO grants you permission to drive on a highway. This permission, if your license expires, ends. The courts, along with MTO, can also suspend your license. In this case you are barred by provincial law from driving on a highway. The third level would be a prohi...

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