Hello All, My girlfriend got a ticket this morning for driving straight through an intersection. The sign states that it is illegal between the hours of 7am-9am. The clock in her car was 9:02am. When she was pulled over, she made a point of the time and mentioned it to the officer. The officer checked his watch and claimed that it was 8:52. Interestingly, he then noticed her watch that said 8:55am. I noticed a posting before about a similar issue but my question is: Is there some type of "Official Time" that is used for police or do we depend on each police officer's watch/car clock individually? Let's face it, time is pretty subjective. Not many people's clocks are exactly the same. Since the police officer's watch is most likely not checked against the world clock and the police officer does not check his battery every morning to be sure that the clock is running on time. (This is not as exact as a radar gun, which on occasions need to be calibrated.) On that note, how do we as citizens know that the police officer is not setting his watch back a couple of minutes to be sure that the ticket will stand in court. It is his word vs. ours. The time was anywhere between it being Legal to questionable to Illegal. Thanks for the help and any advice.
Hello All,
My girlfriend got a ticket this morning for driving straight through an intersection. The sign states that it is illegal between the hours of 7am-9am.
The clock in her car was 9:02am. When she was pulled over, she made a point of the time and mentioned it to the officer. The officer checked his watch and claimed that it was 8:52. Interestingly, he then noticed her watch that said 8:55am.
I noticed a posting before about a similar issue but my question is: Is there some type of "Official Time" that is used for police or do we depend on each police officer's watch/car clock individually?
Let's face it, time is pretty subjective. Not many people's clocks are exactly the same. Since the police officer's watch is most likely not checked against the world clock and the police officer does not check his battery every morning to be sure that the clock is running on time. (This is not as exact as a radar gun, which on occasions need to be calibrated.)
On that note, how do we as citizens know that the police officer is not setting his watch back a couple of minutes to be sure that the ticket will stand in court. It is his word vs. ours. The time was anywhere between it being Legal to questionable to Illegal.
Not sure about setting official time with respect to how accurate the police have to be. But, it's likely that they'll consider the officer's version of events as more reliable. There are several ways of fighting it, though. The timing issue is, I would think, more of a "last resort" defence than anything should it go to trial. There are other options you can use. What city did it occur in? And did the sign say just 7AM-9AM or did it also say MON-FRI?
Not sure about setting official time with respect to how accurate the police have to be. But, it's likely that they'll consider the officer's version of events as more reliable.
There are several ways of fighting it, though. The timing issue is, I would think, more of a "last resort" defence than anything should it go to trial. There are other options you can use. What city did it occur in? And did the sign say just 7AM-9AM or did it also say MON-FRI?
It was in the city of Toronto and it did say Monday-Friday. I have a feeling that you may suggest the "Bilingual Sign" defense that I read in another post? I dont believe that it was in French, if this was what you were getting at. What are the other ways of fighting it, I am curious? I am not hung up on the time thing as a defense as much as just amazed that a Police officer can set his watch back 5 -10 mins and suggest that his/her time is the correct time. In the case of Speeding, if my speedometer reads 60km/h and a police officer claims that I am going 100km/h, he has proof with his radar gun, which has been calibrated. Time on different clocks seems very subjective. There is no way to prove whose TIME is accurate in court, on either side.
It was in the city of Toronto and it did say Monday-Friday.
I have a feeling that you may suggest the "Bilingual Sign" defense that I read in another post? I dont believe that it was in French, if this was what you were getting at.
What are the other ways of fighting it, I am curious?
I am not hung up on the time thing as a defense as much as just amazed that a Police officer can set his watch back 5 -10 mins and suggest that his/her time is the correct time. In the case of Speeding, if my speedometer reads 60km/h and a police officer claims that I am going 100km/h, he has proof with his radar gun, which has been calibrated. Time on different clocks seems very subjective. There is no way to prove whose TIME is accurate in court, on either side.
Correct, bilingual defence applies. Take a photograph of the sign with a time-date stamp on it to provide proof that it is not bilingual. (Be forewarned: Whoever takes the photograph has to be present for the court appearance.) Ticketcombat's website also provides a thorough explanation of how and when to use bilingual defence, if you haven't checked out his site already: http://www.ticketcombat.com/step5/bilingual.php Also other ticket-fighting strategies, tips and information can be found there. One additional way of fighting the ticket has to do with the fact that such signs require a by-law to be put in place. So, send the ticket in requesting the trial option and make a disclosure request as well. Since your girlfriend allegedly disobeyed the sign, they'll have to include a certified copy of the by-law that put the sign in place in the disclosure package. Don't specifically request it, just ask for an "explanation and clarification" of the charge. They'll likely include the officer's notes, possibly a quote of the HTA 144 (9), but, without the by-law, the disclosure is not complete. If that happens (no by-law included), 15 days in advance of the trial, file a motion for a stay based on improper disclosure. At that point, the proceedings are dead. If the attempt to trip the Crown up with the disclosure move fails, the officer still may not show. In Toronto, it's about 50-50 these days, although some have reported higher no-show rates. If the officer doesn't show, the Crown may try to re-schedule the trial (usually they just drop it but they may not). Don't let them get away with that one! All in all, you've got a really good chance of beating the ticket. Best of luck with it.
Correct, bilingual defence applies. Take a photograph of the sign with a time-date stamp on it to provide proof that it is not bilingual. (Be forewarned: Whoever takes the photograph has to be present for the court appearance.) Ticketcombat's website also provides a thorough explanation of how and when to use bilingual defence, if you haven't checked out his site already:
Also other ticket-fighting strategies, tips and information can be found there. One additional way of fighting the ticket has to do with the fact that such signs require a by-law to be put in place. So, send the ticket in requesting the trial option and make a disclosure request as well. Since your girlfriend allegedly disobeyed the sign, they'll have to include a certified copy of the by-law that put the sign in place in the disclosure package. Don't specifically request it, just ask for an "explanation and clarification" of the charge. They'll likely include the officer's notes, possibly a quote of the HTA 144 (9), but, without the by-law, the disclosure is not complete. If that happens (no by-law included), 15 days in advance of the trial, file a motion for a stay based on improper disclosure. At that point, the proceedings are dead.
If the attempt to trip the Crown up with the disclosure move fails, the officer still may not show. In Toronto, it's about 50-50 these days, although some have reported higher no-show rates. If the officer doesn't show, the Crown may try to re-schedule the trial (usually they just drop it but they may not). Don't let them get away with that one!
All in all, you've got a really good chance of beating the ticket. Best of luck with it.
Thank you for the great advice. Just curious if many cases have been won this way, other than the initial one cited before? Have there been many people on this site or others come back successful? Thanks again!
Thank you for the great advice.
Just curious if many cases have been won this way, other than the initial one cited before? Have there been many people on this site or others come back successful?
A lot of people were suggested that approach. If they do not come back with report it might mean that they fought the ticket succesfully, else we'd hear about it.
A lot of people were suggested that approach. If they do not come back with report it might mean that they fought the ticket succesfully, else we'd hear about it.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Hey all, The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system. That said, I have some questions. My girlfriend is going tomorrow to request a trial. 1) How long until we should request disclosure? I assume wait until the trial date is set, and therefore a prosecutor is assigned to the case? 2) Assuming she attempts to use the Bilingual defense, can she or should she prepare other defenses, ie. the time issue? or will this be seen by the court as grasping at straws? 2b) An idea that I had would be to fight under mens rea. Assuming that she rationally believed that it was after 9am (according to her car clock)? she did not have the knowledge or intent to commit the offense 3) Lastly, Does she need to go through the entire song and dance of a trial and all of the elements of explaining the bilingual issue, or is there some shortcut with supplying the case of R. v Myers as precedent? Should the justice not get this info and automatically toss the case, (unless he/she feels like fighting the appeals court)? Thanks for the help!
Hey all,
The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system.
That said, I have some questions. My girlfriend is going tomorrow to request a trial.
1) How long until we should request disclosure? I assume wait until the trial date is set, and therefore a prosecutor is assigned to the case?
2) Assuming she attempts to use the Bilingual defense, can she or should she prepare other defenses, ie. the time issue? or will this be seen by the court as grasping at straws?
2b) An idea that I had would be to fight under mens rea. Assuming that she rationally believed that it was after 9am (according to her car clock)? she did not have the knowledge or intent to commit the offense
3) Lastly, Does she need to go through the entire song and dance of a trial and all of the elements of explaining the bilingual issue, or is there some shortcut with supplying the case of R. v Myers as precedent? Should the justice not get this info and automatically toss the case, (unless he/she feels like fighting the appeals court)?
I don't have an answer but just want to share my experience and my thoughts about the similar offences i got 2,3 years ago. 1. I got ticket in toronto for no left turn 7-9Am Mon-Fri against a by-law, fine $18. I did not know about this website nor RFD nor ticketcombat site, of course no disclosure request. I went to court, cop was there, checked in with prosecutor who told me to go sit down. To my surprise, he just dropped the charge after I stated my name in front of JP. 2. Another ticket of the same offence but this one was against HTA, fine $110. I know the stake is higher this time. Again, without disclosure request or any knowlege of fighting ticket, i went to court, (already recognized the cop in court), checked in with the prosecutor, he then asked me what i wanted to do. I hesitated in replying so he told me to go sit down. (The prosecutor came across as a really nice fellow). Watching a series of guilty plea for a lesser charge from the back of the court, i felt intimidated. So when the break came i told the prosecutor that i would plead guilty (shame on me, i did not even ask for a deal). To my surprise when the court resumed he dropped the charge when i was called in front of JP. Looking back i totally didnot understand why my charged were dropped even the cops were there on both cases. was i lucky? After reading ticketombat site about bilingual defence for this type of offence, my thought is that the prosecutor did not want to risk opening a can of worms, a revisit of the Myer's case.
mikeyb wrote:
Hey all,
The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system.
That said, I have some questions. My girlfriend is going tomorrow to request a trial.
1) How long until we should request disclosure? I assume wait until the trial date is set, and therefore a prosecutor is assigned to the case?
2) Assuming she attempts to use the Bilingual defense, can she or should she prepare other defenses, ie. the time issue? or will this be seen by the court as grasping at straws?
2b) An idea that I had would be to fight under mens rea. Assuming that she rationally believed that it was after 9am (according to her car clock)? she did not have the knowledge or intent to commit the offense
3) Lastly, Does she need to go through the entire song and dance of a trial and all of the elements of explaining the bilingual issue, or is there some shortcut with supplying the case of R. v Myers as precedent? Should the justice not get this info and automatically toss the case, (unless he/she feels like fighting the appeals court)?
Thanks for the help!
I don't have an answer but just want to share my experience and my thoughts about the similar offences i got 2,3 years ago.
1. I got ticket in toronto for no left turn 7-9Am Mon-Fri against a by-law, fine $18.
I did not know about this website nor RFD nor ticketcombat site, of course no disclosure request.
I went to court, cop was there, checked in with prosecutor who told me to go sit down. To my surprise, he just dropped the charge after I stated my name in front of JP.
2. Another ticket of the same offence but this one was against HTA, fine $110. I know the stake is higher this time.
Again, without disclosure request or any knowlege of fighting ticket, i went to court, (already recognized the cop in court), checked in with the prosecutor, he then asked me what i wanted to do. I hesitated in replying so he told me to go sit down. (The prosecutor came across as a really nice fellow).
Watching a series of guilty plea for a lesser charge from the back of the court, i felt intimidated. So when the break came i told the prosecutor that i would plead guilty (shame on me, i did not even ask for a deal).
To my surprise when the court resumed he dropped the charge when i was called in front of JP.
Looking back i totally didnot understand why my charged were dropped even the cops were there on both cases. was i lucky?
After reading ticketombat site about bilingual defence for this type of offence, my thought is that the prosecutor did not want to risk opening a can of worms, a revisit of the Myer's case.
My two cents: You can request disclosure ASAP. The Crown has an obligation to disclose the information to your girlfriend. The sooner, the better, in my view. There are some cases where it is better to wait to request disclosure, but in this case I'd recommend requesting it now. One of the objectives with disclosure is actually not to get it, that way you can have the proceedings quashed. We're now recommending that, if you do not get proper disclosure, apply for a stay at least 20 days in advance of the trial. She can use multiple defences. Bilingual is one of them, and probably should be employed before anything else. Keep the others as a possibility, but the JP would probably view the "time issue" defence with great skepticism. As for the entire song and defence on the bilingual issue, really most JPs should know it by now. Have a full script and notes written out just in case. She should start off in her defence by indicating that the sign she was alleged to have disobeyed is invalid because it is not bilingual and Toronto is a designated bilingual area. The bilingual sign is required by the French Language Services Act and is not compliant with O.Reg 615 for bilingual signage, therefore the charge should not stand, as indicated by the R v Myers case. That should be enough. If not, then launch the full explanation.
My two cents: You can request disclosure ASAP. The Crown has an obligation to disclose the information to your girlfriend. The sooner, the better, in my view. There are some cases where it is better to wait to request disclosure, but in this case I'd recommend requesting it now. One of the objectives with disclosure is actually not to get it, that way you can have the proceedings quashed. We're now recommending that, if you do not get proper disclosure, apply for a stay at least 20 days in advance of the trial.
She can use multiple defences. Bilingual is one of them, and probably should be employed before anything else. Keep the others as a possibility, but the JP would probably view the "time issue" defence with great skepticism.
As for the entire song and defence on the bilingual issue, really most JPs should know it by now. Have a full script and notes written out just in case. She should start off in her defence by indicating that the sign she was alleged to have disobeyed is invalid because it is not bilingual and Toronto is a designated bilingual area. The bilingual sign is required by the French Language Services Act and is not compliant with O.Reg 615 for bilingual signage, therefore the charge should not stand, as indicated by the R v Myers case. That should be enough. If not, then launch the full explanation.
You might want to send the disclosure request by registered mail. I did this recently and it took a lot off my mind. Now I don't have to worry about if they got it or not. No surprises for me later on.
You might want to send the disclosure request by registered mail. I did this recently and it took a lot off my mind. Now I don't have to worry about if they got it or not. No surprises for me later on.
Update: My girlfriend sent in her disclosure request via Fax 3 weeks ago, the Diary date is today. How long should she wait before sending a second request? Should she send the next request via registered mail for more proof that they received it, or is it better to fax and hope that it gets lost in a pile of papers? Should this request have some type of identification that it is a second request, or simply send the same request as before. Assuming that she does not receive anything from this second request, what next? Thank You, p.s: there has not been a trial date set yet... Is this normal? How long should we expect to receive a court date?
Update:
My girlfriend sent in her disclosure request via Fax 3 weeks ago, the Diary date is today. How long should she wait before sending a second request?
Should she send the next request via registered mail for more proof that they received it, or is it better to fax and hope that it gets lost in a pile of papers?
Should this request have some type of identification that it is a second request, or simply send the same request as before.
Assuming that she does not receive anything from this second request, what next?
Thank You,
p.s: there has not been a trial date set yet... Is this normal? How long should we expect to receive a court date?
I would suggest waiting for the trial date to arrive. Do not hurry the proceedings in any way, keep your options open for 11B. File a 2-nd request with registered mail after you receive the trial date, indicate that this is a 2-nd request, can't hurt you. Trial date should have been set sooner, but this works in her favour anyway. Although it might be a good idea to call the courthouse and ask about the trial date.
I would suggest waiting for the trial date to arrive. Do not hurry the proceedings in any way, keep your options open for 11B. File a 2-nd request with registered mail after you receive the trial date, indicate that this is a 2-nd request, can't hurt you. Trial date should have been set sooner, but this works in her favour anyway.
Although it might be a good idea to call the courthouse and ask about the trial date.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Another Update: Still no word from the court about a trial date. My girlfriend called the court today to ask if there has been a date set and the notice in the mail may have been lost? The recording tells her that due to the Toronto CUPE strike, the phone and mail services are unavailable. Anyone who has a court date set, will proceed as normal, I assume suggesting that no NEW court dates will be scheduled? So either hers has not been scheduled due to the strike, or is it possible that it has been scheduled before the strike but due to the strike, they have not sent any info out to her? They offer an email address to contact but obviously she doesnt want to rush them into scheduling a date.. This strike may allow enough of a backlog to get the tickets tossed.. Any suggestions on what to do... Thanks!
Although it might be a good idea to call the courthouse and ask about the trial date.
Another Update:
Still no word from the court about a trial date. My girlfriend called the court today to ask if there has been a date set and the notice in the mail may have been lost?
The recording tells her that due to the Toronto CUPE strike, the phone and mail services are unavailable. Anyone who has a court date set, will proceed as normal, I assume suggesting that no NEW court dates will be scheduled? So either hers has not been scheduled due to the strike, or is it possible that it has been scheduled before the strike but due to the strike, they have not sent any info out to her?
They offer an email address to contact but obviously she doesnt want to rush them into scheduling a date.. This strike may allow enough of a backlog to get the tickets tossed..
Hello All, Finally, My girlfriend received a notice in the mail about her court date. It is set for March 1st. Which would be 10 or 11 months from the date of the offense. No word about any disclosure. We sent the disclosure request via fax many months ago. I am planning on re-sending the request via registered mail tomorrow. I assume postponing the trial by the 2 months for reason of no-disclosure given will allow her to get off based on the time issue? Thanks all for the help. mikey b
Hello All,
Finally, My girlfriend received a notice in the mail about her court date. It is set for March 1st. Which would be 10 or 11 months from the date of the offense.
No word about any disclosure. We sent the disclosure request via fax many months ago. I am planning on re-sending the request via registered mail tomorrow.
I assume postponing the trial by the 2 months for reason of no-disclosure given will allow her to get off based on the time issue?
Actually, 10 months should be able to qualify you for the 11B without even referring to the disclosure. However, not having a disclosure lets you argue for stay based on "non-disclosure". The prosecutor will try to reschedule the date, and then you can double-wham him with the 11B, AND the fact that you have to come back to court, which costs you money in lost workdays.
Actually, 10 months should be able to qualify you for the 11B without even referring to the disclosure. However, not having a disclosure lets you argue for stay based on "non-disclosure". The prosecutor will try to reschedule the date, and then you can double-wham him with the 11B, AND the fact that you have to come back to court, which costs you money in lost workdays.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Hello again, It has been a long wait but my girlfriend's trial date is coming up in March. We have still not received any disclosure at this point. She had faxed her first request a while ago, then after some time she had sent another request via registered mail (was received and signed for). In a previous post, someone suggested we file papers a certain amount of time before the trial which by my calculations will be early February. Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully. Thanks,
Hello again,
It has been a long wait but my girlfriend's trial date is coming up in March. We have still not received any disclosure at this point. She had faxed her first request a while ago, then after some time she had sent another request via registered mail (was received and signed for).
In a previous post, someone suggested we file papers a certain amount of time before the trial which by my calculations will be early February.
Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully.
This of course assuming that the charged person's mother language was different than the language on the sign, being either English or French and that she/he was able to prove what her mother language was and that she actually couldn't understand the language on the sign. This would be impossible to prove if she were able to read the charge on her ticket. Here's another suggestion---- have her pay the fine and admit to breaking a traffic law, the actuality being that that was exactly the circumstance. The police service does not provide a "car clock setting" service--- that duty is up to the car driver.
mikeyb wrote:
It was in the city of Toronto and it did say Monday-Friday.
I have a feeling that you may suggest the "Bilingual Sign" defense that I read in another post? I dont believe that it was in French, if this was what you were getting at.
What are the other ways of fighting it, I am curious?
I am not hung up on the time thing as a defense as much as just amazed that a Police officer can set his watch back 5 -10 mins and suggest that his/her time is the correct time. In the case of Speeding, if my speedometer reads 60km/h and a police officer claims that I am going 100km/h, he has proof with his radar gun, which has been calibrated. Time on different clocks seems very subjective. There is no way to prove whose TIME is accurate in court, on either side.
This of course assuming that the charged person's mother language was different than the language on the sign, being either English or French and that she/he was able to prove what her mother language was and that she actually couldn't understand the language on the sign. This would be impossible to prove if she were able to read the charge on her ticket.
Here's another suggestion---- have her pay the fine and admit to breaking a traffic law, the actuality being that that was exactly the circumstance. The police service does not provide a "car clock setting" service--- that duty is up to the car driver.
Visit the courthouse and pick up a "4F, Notice of Constitutional Question" form. This website has a good primer on how to file the paperwork: http://www.ticketcombat.com/step4/works.php It also explains the 11B (right to be tried in a reasonable amount of time) issue, and other Charter rights. You will have to do some paperwork, but if two disclosure attempts were made and no reply was received from the Crown, you should be able to get the stay.
mikeyb wrote:
Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully.
Visit the courthouse and pick up a "4F, Notice of Constitutional Question" form. This website has a good primer on how to file the paperwork:
It also explains the 11B (right to be tried in a reasonable amount of time) issue, and other Charter rights. You will have to do some paperwork, but if two disclosure attempts were made and no reply was received from the Crown, you should be able to get the stay.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thanks R.I Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse? Seems like a LOT of work.. Would anyone suggest paying someone to do the running around and making sure all of the paperwork is done and received properly?
Thanks R.I
Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse?
Seems like a LOT of work.. Would anyone suggest paying someone to do the running around and making sure all of the paperwork is done and received properly?
The 4F (Notice of Constitutional Question) form can be picked up at any courthouse... or you can download an editable form here: http://www.ontariocourtforms.on.ca/form ... F_0707.doc I would suggest that you look at ticketcombat's website for instructions on how to complete it. http://www.ticketcombat.com/step4/paperwork.php You have to make sure to file one of the notices with the JP and the Crown Prosecutor at the courthouse where the trial will be held - plus you must serve notice on the Attorneys-General of Canada and Ontario, etc. :shock: It's actually not as hard as it sounds. It just involves a lot of running around the city. That said... Yes. If you want to make sure that it is done properly, hiring a paralegal would be a good idea.
mikeyb wrote:
Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse?
The 4F (Notice of Constitutional Question) form can be picked up at any courthouse... or you can download an editable form here:
You have to make sure to file one of the notices with the JP and the Crown Prosecutor at the courthouse where the trial will be held - plus you must serve notice on the Attorneys-General of Canada and Ontario, etc. It's actually not as hard as it sounds. It just involves a lot of running around the city. That said...
mikeyb wrote:
Would anyone suggest paying someone to do the running around and making sure all of the paperwork is done and received properly?
Yes. If you want to make sure that it is done properly, hiring a paralegal would be a good idea.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hey Everyone, I just realized an issue with my case.. Due to the stupid "family day" holiday, I miscalculated the 15 days notice for the 11b and I am off by one day. (Trial Date is March 1st) My plan was to have it submitted Monday but now after some calculations, with Family day, it would have been needed to be in today (which is obviously too late) Am I screwed? What is going to happen? Is there ANY chance to salvage this? Is there any way to re-schedule the trial to give us the extra days? Thanks for the replies ASAP
Hey Everyone,
I just realized an issue with my case.. Due to the stupid "family day" holiday, I miscalculated the 15 days notice for the 11b and I am off by one day. (Trial Date is March 1st) My plan was to have it submitted Monday but now after some calculations, with Family day, it would have been needed to be in today (which is obviously too late)
Am I screwed? What is going to happen? Is there ANY chance to salvage this? Is there any way to re-schedule the trial to give us the extra days?
Thanks for the help. Is it possible for her to claim that there is a conflict in the date or time and needs to move the trial to later. And that would give her more time to file the papers? Any help is appreciated..
racer wrote:
I would still apply for it, one day late or not, and see what happens.
Thanks for the help. Is it possible for her to claim that there is a conflict in the date or time and needs to move the trial to later. And that would give her more time to file the papers?
If you are moving the trial to a later day by yourself, you are basically waving your right to a speedy trial, so that is not a good idea. If the prosecution causes the delay, that does not count against you. I think that a day late with the holiday being the reason for lateness should not disqualify your 11B application.
If you are moving the trial to a later day by yourself, you are basically waving your right to a speedy trial, so that is not a good idea. If the prosecution causes the delay, that does not count against you. I think that a day late with the holiday being the reason for lateness should not disqualify your 11B application.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Hey All, Thanks to all those for their help thus far. My girlfriend and I went in today and with the help of the Ticket Combat website we served the prosecution and the clerk with the paperwork for an 11B. Now it is just the waiting game and hope all of the hard work pays off in the end.. Keep up the great work helping people defend themselves against the maze that we call the justice system.
Hey All,
Thanks to all those for their help thus far. My girlfriend and I went in today and with the help of the Ticket Combat website we served the prosecution and the clerk with the paperwork for an 11B.
Now it is just the waiting game and hope all of the hard work pays off in the end.. Keep up the great work helping people defend themselves against the maze that we call the justice system.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
It's actually not as hard as it sounds. It just involves a lot of running around the city. That said...
