Hi, Part of the strategy described on ticketcombat.com ( http://www.ticketcombat.com/step5/nonsuit.php ) is that most traffic charges in urban areas need a corresponding by-law. The example given is speeding in a community safety zone. In that case, it's quite clearly stated in the highway traffic act that a by-law is required: 214.1 (1) The council of a municipality may by by-law designate a part of a highway under its jurisdiction as a community safety zone if, in the councils opinion, public safety is of special concern on that part of the highway. 1998, c. 6, s. 1. In my case, the charge was failing to obey a (no u-turn) traffic sign (182.2). That regulation, as far as I can see, makes no mention of requiring a by-law. Should I still propose a Motion of Non-Suit if I don't get a by-law in the disclosure? I'm asking because ticketcombat.com says that "almost any traffic charge in urban areas, especially parking infractions [require a by-law]. In all these cases, you are being charged based on a by-law regulating traffic (speed, turns, construction zones, stop signs, etc.)". Thanks
Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie" evidence of the existence of the by-law, some sort of case law cited. They went back and forth but the JP finally stayed the charge. That was for a "disobey sign," though. I've heard of cases where it hasn't worked, too.
case law wrote:
Has anyone here successfully used the by-law argument in court for a stop sign yet?
Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie" evidence of the existence of the by-law, some sort of case law cited. They went back and forth but the JP finally stayed the charge. That was for a "disobey sign," though. I've heard of cases where it hasn't worked, too.
I'm going to try the by-law defense this upcoming Monday...third appearance for the same ticket. This time I'm asking for a trial, and if they run out of time I have a rock solid 11B.
I'm going to try the by-law defense this upcoming Monday...third appearance for the same ticket. This time I'm asking for a trial, and if they run out of time I have a rock solid 11B.
I got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
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…
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…
