Tags: highway traffic act

11/01/08

Permalink 11:33:29 am, by Gary Parker, 550 words
Categories: Highway Traffic Act

Unreasonable delay (Section 11(b) of the Charter of Rights)

Do you think your traffic court trial has taken too long to get to court?

Most people who are in this situation believe they can show up at court and announce to the judge that it has taken more than a year from the time they received their ticket until the day of trial and therefore the judge must throw their case out.

Sadly, for most who try this, (and I see it often) they hit the legal brick wall. The judge may quickly note that you have not filed a Charter Application and you will not be successful. You will now be faced with a trial and the "carpet has been pulled out from under you" leaving you dazed and confused.

I have even seen people who have filed a Charter Application fail. They either haven’t filed it in time or they hear from the prosecutor, who also has a say in the matter, who will correctly point out to the judge that a Charter Application has not been served on the prosecution nor on the Ontario Attorney General nor on the Canada Department of Justice. The judge will have to agree and once again they are left with the wind taken out of their sails.

Another big misconception is that if it has taken one year or more to get to court it will automatically be thrown out.

Canadian Charter of Rights - 11B

There is no magic number. Period. The Supreme Court of Canada and lower courts have written about guidelines. This means that the court can start considering a discussion about delay after 8 months has gone by. There are many factors that have to be considered when arguing delay.

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08/14/08

Permalink 10:22:41 am, by In The News Email , 949 words
Categories: In The News

The Caledon OPP say "Lock it or Lose it"

Link: http://www.caledoncitizen.com/news/2008/0814/news/023.html

Caledon OPP platoon officers responded to 71 motor vehicle collisions during this 14-day period.

As well, 14 drivers were charged under Section172 (1) of the Highway Traffic Act for excessive speeding.

Break and Enter
A business on Queen Street in Bolton reported a theft of three flat screen monitors and a computer server

A garage of a DeRose Avenue home in Bolton on July 28 was entered and an air compressor has been reported as stolen.

A business on Martha Street in Bolton was entered during the evening on Aug. 3 by breaking a glass door. It's unknown whether or not anything was stolen.

Impaired Driving
On Aug. 8 a traffic complaint led to a vehicle stop on Highway 9 and Highway 10. The driver, 22, was arrested and charged with impaired driving, drive motor vehicleover 80 mgs. of alcohol in 100 mls. of blood and dangerous driving.

A vehicle stopped on Airport Road for a Highway Traffic Act offence resulted in a criminal charge for the driver on Aug. 2. The 47 year-old from Kitchener has been charged with impaired driving, driving a motor vehicle over 80 mgs. of alcohol in 100 mls. of blood, operation of an unsafe vehicle and operation of a vehicle with no insurance.

The 42 year-old from Caledon has been charged with impaired care & control of a motor vehicle, care & control-over 80 mgs. of alcohol in 100 mls. of blood, mischief and assault following an investigation at a residence on Winston Churchill Boulevard in Caledon on Aug. 3.

Mischief

On Aug. 5 the owner of two vehicles that were parked at a Holmes Drive residence in Mono Mills found the lug nuts had been loosened on the vehicle's wheels causing a very dangerous situation for the vehicle drivers.

On Aug. 7 A vehicle was entered on Egan Crescent in Bolton however nothing was stolen. As well unwanted persons have been using a residential pool on Birchview Crescent in Bolton during the night hours without the owner's permission.

On Aug. 10 A vehicle was entered on DeRose Avenue in Bolton however nothing has been reported taken.

Caledon OPP has received a report of graffiti damage to a fence between Stella Crescent and railroad tracks on Aug. 1.

A homeowner on Giles Road in Caledon village reported damages to a glass window at the rear of the residence that could have possibly been an attempt to breakin on Aug. 2.

A vehicle was stolen sometime overnight from a driveway of a Coolsprings Crescent home in Bolton on July 28.

A transport truck and trailer that had been reported as stolen to Peel Regional Police Service was recovered abandoned on Simpson Road in Caledon on July 29. The trailer was empty when recovered

A vehicle that had been left parked in a lot of a Healey Road business for a week was not there when the owner returned on Aug. 1. The owner reported it stolen and it was recovered abandoned the following day. The vehicle was located on Humber Station Road with licence plates stolen, rear window had been broken, stereo had been stolen, steering column and ignition removed.

Theft

On Aug. 7 sometime overnight, beer was stolen from a fridge on an out door patio at a King Street business in Caledon.

On Aug. 5 a GPS and two portable DVD players were stolen from a vehicle parked at a Landsbridge Street home in Bolton during the night hours.

On Aug. 4 a golden Labrador retriever was stolen from an Airport Road property. The dog was removed from a cage on the property but has since been located and returned to the owner.

On Aug 4 sometime overnight, two cell phones and a cell phone charger were stolen from an unlocked vehicle parked at a Westview Crescent home in Bolton.

On Aug. 4 unlocked vehicles on Castelli Court and Kingsview Drive were also entered and a GPS and a wallet containing identification and credit cards were stolen.

On Aug. 4 a vehicle parked at a Livingston Drive residence in Valleywood was entered during the night on July 28. DVDs and an IPOD have been reported stolen from the vehicle.

A toy dolly has been reported stolen from a property on Highway 10 on July 31.

Other criminal charges
A call received from another motorist led Caledon OPP to an address on Stationview Place in regards to a traffic complaint on July 31. The 41 year-old from Caledon has been charged with failure to provide breath sample-approved screening device.

Vehicles entered during the night in Bolton

Several vehicles were entered this past week during the night. Some owners reported that their vehicles were locked however many were reported left unlocked with items of value left in plain view.

It is likely that many more vehicles were also entered and the owners did not file a police report.

On July 28 on Egan Crescent a wallet was stolen as well as a satellite radio. On Wright Crescent two vehicles were entered into and a cell phone was stolen from one of them.

On July 29 on Headwaters Road a walkie-talkie was stolen as well as the key from the vehicle ignition. Also on the same residence a GPS was stolen.

On July 30 on Harvest Moon Drive tools were taken. On Emily Carr Court cash and a Playstation was stolen. On Highbury Street a laptop, GPS, cell phone and sun glasses were stolen.

On July 31 on Walkely Boulevard a laptop and sunglasses were stolen. On McCabe Ct. loose change was taken. On Boltonview Court. a wallet was stolen.

Police advise people to secure your vehicle overnight, lock the doors or park in a locked garage. Lock it or lose it.

Any information regarding the above investigations can be forwarded to Caledon OPP at 905-584-2241 or the Bolton office of the Caledon OPP at 905-857-3304 or people can call CRIMESTOPPERS at 1-800-222-TIPS.