Amendemnt to certificate of offence

pete99
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Amendemnt to certificate of offence

by: pete99 on
Thu Mar 11, 2010 10:13 am

I know that the crown has the ability to amend any charge. But my problem is that it has changed 9 months later. We have been to court 4 times already and 3 times I asked for an adjournment and once by the crown. My question is that if the charges have already been before the court can they file an amendment?


pete99
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by: pete99 on
Thu Mar 11, 2010 10:16 am

I should have mentioned that I was charged with failing to remain in a marked lane under hwy traffic act 154. The accident happened on a gravel road. Therefore I was going to argue that there is no clear marked lanes on a highway. The crown now want to amen to sec 148 fail to share the roadway.


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by: Traffic Law on
Thu Mar 11, 2010 1:23 pm

Just to assist you in this: municipal prosecutor DOES NOT have a right to amend the charge. Any amendments are to be done by Court. The prosecution may ask the Court to do it but it is open to your response and arguments to the contrary.

The Court has to consider sections 34, 35 and 36 of the POA before any amendments can be done.


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by: pete99 on
Wed Mar 17, 2010 12:35 pm

Do you think I can argue the fact that the crown has already ask me to plead guilty to the lesser charge of FAILING tO SHARE THE ROAD?


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by: Traffic Law on
Fri Mar 19, 2010 9:27 am

Your discussions with the crown is part of attempt of resolution of this allegation. If the crown whishes to ask the Court for an amendment you should argue against it at Court.
Bottom line you believe that the offence you were charged with is wrong or does not apply to the case. The Court has to consider s. 34, 35, 36 of the POA. Govern yourself accordingly.


pete99
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by: pete99 on
Mon Mar 22, 2010 10:22 am

I thought I would let you know how it went in court. The crown had the witness on the stand(police officer and driver of other vehicle) After the crown was done with there witnesses the Crown asked for an amendment to the certificate from failing to remain in a marked lane to failing to share the roadway. She argued that the defence would be the same. I objected and said that my defence would have been totally diferent. I also argued the fact that the amendment to the charge is a differnet section of the highway traffic act. The judge rejected the crowns amendment. I then asked for a non suite as the crown failed to show that the road had any clear marked lanes as mentioned in the highway traffic act sect 154. The judge agreed and dismissed the charges. I don't think the crown was very happy. She told me that she would be appealing. Thanks for the help.


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