MarcosSantiago
Well-known member
Bunda does not apply here, does it? Bunda was a different charge, different HTA section.
Capobianco case is exactly the same charge than here isn't it?
|
|
|
Ticketed for filtering, and even the lawyer sees no way out
- Thread starter autoKsS
- Start date
Bunda does not apply here, does it? Bunda was a different charge, different HTA section.
Capobianco case is exactly the same charge than here isn't it?
The other post just says it MAY be defining what in safety means. I dont know for sure, since Im not a lawyer. I sincerely hope that OP is not convicted. Im just throwing it out there as part of the discussion.
People should stop citing R v. Bunda for the following reasons:
1) it is not a court of appeal ruling and is not binding.
2) the defendant did a terrible job:
a) he chose to testify
b) after choosing to testify he contradicted himself on the stand
3) it was ONE case decided by a Justice of the Peace and not a legal expert
AutoKsS, don't waste your time on the lawyer you spoke to. From what you have written, he doesn't sound too competent. Either learn how to fight the ticket yourself, cross-examining the officer and using the R. v. Capobianco binding precedent, or find a lawyer that knows what to do.
After reviewing the canlii. I would agree with you. I didnt realize it was only a JP who issued this ruling. I only noted it as it is stickied in the forum, perhaps poorly.
As it was cited in R. v Jones, it has some merit. Decisions by JPs can also carry some weight when considered by their peers, or the Court of Appeals.
You are right. The citation is weak and in reference to burden of proof but it is there.
Mr.Azim
Well-known member
Reasonable time is usually 2 years or more. It mirrors the statutory limitations with some flexibility.
13-14 months, typically, in the GTA.
Good to know.
skapan
Well-known member
It would seem that the traffic laws think "car" when they say "vehicle". Based on that, you should never ride between two lanes of stopped cars because it's a place where a car could never go. No to mention that filtering just pisses all the A types off big time. they'll say act like a car in traffic if you want to be treated like a car. Which means the law will have to change before the attitude will. Too bad.
Keep in mind that if you're passing at less distance to another vehicle in traffic than a car would, then you're likely going to have issues. If for example you're passing between two lanes of traffic, along the centre line, then you're essentially less than half what has been determined to be the safe distance, for that area, from either vehicle.
Weatherbee
Member
+1 for Capobianco... it pretty well did away with the "fail to drive in marked lane" charge, unless you affected the safe movement of another vehicle. We have the French to thank for this.
chiefswallow
Banned
Has your second court date come up yet? If not give Forch a call 416-242-7433, see if he thinks he has anything to offer.
|
|
|
|
|