Comments for The Blog of Simon Borys http://www.simonborys.ca Simon Says: Synthesizing policing experience and legal expertise Wed, 22 Feb 2012 18:55:31 +0000 hourly 1 http://wordpress.org/?v=3.1.3 Comment on Failing to Produce Insurance Card by Simon Borys http://www.simonborys.ca/2010/09/failing-to-produce-insurance-card/#comment-935 Simon Borys Wed, 22 Feb 2012 18:55:31 +0000 http://simonborys.wordpress.com/?p=335#comment-935 I'm unclear as to whether you were ticketed for not having a valid insurance card or not. If you were not, then you probably having nothing to worry about. It is unlikely the officer will charge you after the fact with not producing the card when he could have done so at the scene. If you were charged, but you did have it somewhere in the car, then you can certainly make that argument to the prosecutor at a resolution meeting. They may or may not withdraw the charge. I have seen it go both ways and it depends on a number of factors. If you end up at trail and make that argument your defence, I'm not sure how much traction it'll have, since the offence under s. 3(1) of the CAIA is failing to <em>produce </em>it for inspection on the demand of an officer. I’m unclear as to whether you were ticketed for not having a valid insurance card or not. If you were not, then you probably having nothing to worry about. It is unlikely the officer will charge you after the fact with not producing the card when he could have done so at the scene. If you were charged, but you did have it somewhere in the car, then you can certainly make that argument to the prosecutor at a resolution meeting. They may or may not withdraw the charge. I have seen it go both ways and it depends on a number of factors. If you end up at trail and make that argument your defence, I’m not sure how much traction it’ll have, since the offence under s. 3(1) of the CAIA is failing to produce it for inspection on the demand of an officer.

]]> Comment on Failing to Produce Insurance Card by nicole http://www.simonborys.ca/2010/09/failing-to-produce-insurance-card/#comment-932 nicole Tue, 21 Feb 2012 21:40:31 +0000 http://simonborys.wordpress.com/?p=335#comment-932 Hi, similar situation to the above.. got caught for speeding and was let off for not having valid insurance i then found the insurance when i was less nervous what shall i do? thanks, Hi,

similar situation to the above.. got caught for speeding and was let off for not having valid insurance i then found the insurance when i was less nervous what shall i do?

thanks,

]]> Comment on Does a police officer have to show you the number on the Radar? by Simon Borys http://www.simonborys.ca/2010/04/does-a-police-officer-have-to-show-you-the-the-number-on-the-radar/#comment-928 Simon Borys Sat, 18 Feb 2012 21:43:26 +0000 http://simonborys.wordpress.com/?p=11#comment-928 Good question! There are generally 2 types of speed measuring devices police use: radar and laser (also known as lidar). Laser technology is used in handled devices and also in aircraft speed enforcement. Radar technology is used in handheld devices as well, and in moving radar devices, which are the ones mounted inside police vehicles. Moving radar can be forward facing <em>and/or</em> rear facing, which sounds like what was used in the situation you described if the cruiser was traveling in the same direction and ahead of you. Good question! There are generally 2 types of speed measuring devices police use: radar and laser (also known as lidar).

Laser technology is used in handled devices and also in aircraft speed enforcement.

Radar technology is used in handheld devices as well, and in moving radar devices, which are the ones mounted inside police vehicles. Moving radar can be forward facing and/or rear facing, which sounds like what was used in the situation you described if the cruiser was traveling in the same direction and ahead of you.

]]> Comment on Does a police officer have to show you the number on the Radar? by Chris Rawlings http://www.simonborys.ca/2010/04/does-a-police-officer-have-to-show-you-the-the-number-on-the-radar/#comment-927 Chris Rawlings Sat, 18 Feb 2012 20:22:29 +0000 http://simonborys.wordpress.com/?p=11#comment-927 I'm wondering what kind of speed detection devices police in Saskatoon, SK use. I was travelling down a city street when the vehicle aprox. 1/2 km in front, travelling in the same direction as me, swerved across 2 lanes and hit the brakes. I eased off the gas and noticed that it was an unmarked cop car. As I passed him he pulled out and flashed his blue and reds, so I stopped. He informed me that I was doing 83 in a 60. I always thought that radar detection had to be from a stationary position or from a vehicle coming towards me. Is this correct ? There's no way he had time to stop and point a radar at me as by the time I'd passed him, he'd only just stopped. I’m wondering what kind of speed detection devices police in Saskatoon, SK use. I was travelling down a city street when the vehicle aprox. 1/2 km in front, travelling in the same direction as me, swerved across 2 lanes and hit the brakes. I eased off the gas and noticed that it was an unmarked cop car. As I passed him he pulled out and flashed his blue and reds, so I stopped. He informed me that I was doing 83 in a 60. I always thought that radar detection had to be from a stationary position or from a vehicle coming towards me. Is this correct ? There’s no way he had time to stop and point a radar at me as by the time I’d passed him, he’d only just stopped.

]]> Comment on Failing to Produce Insurance Card by Simon Borys http://www.simonborys.ca/2010/09/failing-to-produce-insurance-card/#comment-925 Simon Borys Fri, 17 Feb 2012 14:59:46 +0000 http://simonborys.wordpress.com/?p=335#comment-925 I can't give you advice on what to do in your situation. I can tell you that 15 over the speed limit, fail to produce ownership and fail to produce insurance card all do not have carry any points. I can also tell you that you can be convicted of the offences of fail to produce ownership and insurance by simply failing to produce it on the request of the officer, regardless of whether you had them in the car at the time. That doesn't mean there is no defence to the charges, I'm just pointing that out. I can’t give you advice on what to do in your situation. I can tell you that 15 over the speed limit, fail to produce ownership and fail to produce insurance card all do not have carry any points. I can also tell you that you can be convicted of the offences of fail to produce ownership and insurance by simply failing to produce it on the request of the officer, regardless of whether you had them in the car at the time. That doesn’t mean there is no defence to the charges, I’m just pointing that out.

]]> Comment on Failing to Produce Insurance Card by bobby http://www.simonborys.ca/2010/09/failing-to-produce-insurance-card/#comment-924 bobby Fri, 17 Feb 2012 13:06:32 +0000 http://simonborys.wordpress.com/?p=335#comment-924 my wife got ticket for speeding 55 kms in the zone of 40. she even did not poduce the insurance and ownership to the officer. officer gave three tickets. my have everything in the car but at that time she get nervus and she did not find the same. Kindly advice what should i do. Is there any demrit points for all the above said tickets. thanks my wife got ticket for speeding 55 kms in the zone of 40. she even did not poduce the insurance and ownership to the officer. officer gave three tickets. my have everything in the car but at that time she get nervus and she did not find the same. Kindly advice what should i do. Is there any demrit points for all the above said tickets. thanks

]]> Comment on Do Your Driving Convictions Really Disappear After 3 Years? by Simon Borys http://www.simonborys.ca/2010/08/do-your-driving-convictions-really-disappear-after-3-years/#comment-921 Simon Borys Thu, 16 Feb 2012 04:38:01 +0000 http://simonborys.wordpress.com/?p=275#comment-921 Trespassing is not a criminal charge so it doesn't show on your criminal record, which is managed by the RCMP. However, it is no doubt recorded in a report somewhere with the service that issued the ticket. It is also recorded on ICON, the Ministry of the Attorney General's court computer system. A "criminal record check" will not reveal a trespassing ticket, however a more detailed background check will likely reveal the existence of a police contact for this incident with some level of detail. How much detail would be revealed on such a report is not always uniform. Some criminal lawyers have experience getting police services to purge these types of records, so if it does become an issue at some point you may want to contact such a lawyer regarding this. Trespassing is not a criminal charge so it doesn’t show on your criminal record, which is managed by the RCMP. However, it is no doubt recorded in a report somewhere with the service that issued the ticket. It is also recorded on ICON, the Ministry of the Attorney General’s court computer system.

A “criminal record check” will not reveal a trespassing ticket, however a more detailed background check will likely reveal the existence of a police contact for this incident with some level of detail. How much detail would be revealed on such a report is not always uniform. Some criminal lawyers have experience getting police services to purge these types of records, so if it does become an issue at some point you may want to contact such a lawyer regarding this.

]]> Comment on Do Your Driving Convictions Really Disappear After 3 Years? by marie http://www.simonborys.ca/2010/08/do-your-driving-convictions-really-disappear-after-3-years/#comment-920 marie Thu, 16 Feb 2012 04:08:27 +0000 http://simonborys.wordpress.com/?p=275#comment-920 Hi, my sister was charged with trespassing because she got caught shoplifting. i told her she is very lucky but she still is worried that it will affect her future and getting employment after university. when they do criminal record checks and police record checks for employment will this incident show up? will it just state she was convicted of trespassing or will their be an incident report showing she got caught shoplifting? it is all very confusing for the both of us and she is afraid that this one mistake has ruined her future, i am trying to reassure her myself but i really dont know what to believe on the internet? Hi, my sister was charged with trespassing because she got caught shoplifting. i told her she is very lucky but she still is worried that it will affect her future and getting employment after university. when they do criminal record checks and police record checks for employment will this incident show up? will it just state she was convicted of trespassing or will their be an incident report showing she got caught shoplifting? it is all very confusing for the both of us and she is afraid that this one mistake has ruined her future, i am trying to reassure her myself but i really dont know what to believe on the internet?

]]> Comment on Does a police officer ever have to give you a ticket? by Simon Borys http://www.simonborys.ca/2011/02/does-a-police-officer-ever-have-to-give-you-a-ticket/#comment-918 Simon Borys Wed, 15 Feb 2012 21:55:23 +0000 http://simonborys.wordpress.com/?p=385#comment-918 Insurance companies do not decide fault based on who was charged. They usually use the insurance fault rules to determine fault for themselves. Those rules may accord with legal fault under the HTA, but not necessarily. This means that just because you weren't charged, I don't think you can bank on your insurance not going up. Insurance companies do not decide fault based on who was charged. They usually use the insurance fault rules to determine fault for themselves. Those rules may accord with legal fault under the HTA, but not necessarily. This means that just because you weren’t charged, I don’t think you can bank on your insurance not going up.

]]> Comment on Does a police officer ever have to give you a ticket? by Joe http://www.simonborys.ca/2011/02/does-a-police-officer-ever-have-to-give-you-a-ticket/#comment-917 Joe Wed, 15 Feb 2012 21:45:03 +0000 http://simonborys.wordpress.com/?p=385#comment-917 Hello Simon, last night I was in a collision where I rear-ended this one lady when she slammed on her brakes all of a sudden in the middle of the intersection making a left turn. There was a left turn green light for our lane to go ahead but she stopped all of a sudden while we were turning and I couldn't respond fast enough to stop completely. Now that we settled it at the collision centre, the police officer did not issue me a ticket. He told me that I can either go through insurance or be generous to pay for her bumper and she said it will cost $2500 to replace it, which i find to be impossibe. So my question is, does that mean I am not at fault and my insurance will not go up? Hello Simon, last night I was in a collision where I rear-ended this one lady when she slammed on her brakes all of a sudden in the middle of the intersection making a left turn. There was a left turn green light for our lane to go ahead but she stopped all of a sudden while we were turning and I couldn’t respond fast enough to stop completely. Now that we settled it at the collision centre, the police officer did not issue me a ticket. He told me that I can either go through insurance or be generous to pay for her bumper and she said it will cost $2500 to replace it, which i find to be impossibe. So my question is, does that mean I am not at fault and my insurance will not go up?

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