Hi everyone, I was charged with speeding 28 over. I appeared at trial and when asked by the prosecutor how I wanted to proceed, I asked if the officer was present. She replied that he was, and they would not let me plea guilty to the original or lesser charge if he was not present. After the recess during which we spoke about this, I saw the officer speaking to the crown. Immediately after, they brought another matter (the only remaining matter for the officer that day other than mine) for which the officer was requried, they entered a reduced charge and the defendant pled guilty. Right after this quick trial was done, the officer left, and as he was leaving, they called my up. When I went up, the officer was no longer in the court room. When read out the lesser charge and waiting for a response, I asked the JP whether the officer was there. The crown responded that he was, and the JP said I would not be allowed to plead guilty if he was not. I pled guilty, and immediately after asked the crown if she could call out the officer so I can ask him a question. She called him out, but no response, the officer was not there. JP instructed me to go outside the courtroom because he must have just stepped out and see if I can find him and if not, come back so they can page him. I went out, looked for him, and did not find him, so I returned to the court room. When I came in and sat down, the JP saw me and told me to come up. She assured me that I had no reason to overturn my conviction. I asked him the officer was present during my trial, which frustrated them, and they avoided the question, and another officer came up to escort me (?? I was very polite, no sign of aggression at all). My question is, do I have grounds for appeal? Could it be seen as the JP erring in fact (i.e. that officer/evidence was there, when he/it was not)? Also, JP and crown essentially lied to me that he was (granted, they presumably did so on the basis of their own belief that he actually was).
Hi everyone,
I was charged with speeding 28 over. I appeared at trial and when asked by the prosecutor how I wanted to proceed, I asked if the officer was present. She replied that he was, and they would not let me plea guilty to the original or lesser charge if he was not present.
After the recess during which we spoke about this, I saw the officer speaking to the crown. Immediately after, they brought another matter (the only remaining matter for the officer that day other than mine) for which the officer was requried, they entered a reduced charge and the defendant pled guilty. Right after this quick trial was done, the officer left, and as he was leaving, they called my up. When I went up, the officer was no longer in the court room.
When read out the lesser charge and waiting for a response, I asked the JP whether the officer was there. The crown responded that he was, and the JP said I would not be allowed to plead guilty if he was not. I pled guilty, and immediately after asked the crown if she could call out the officer so I can ask him a question. She called him out, but no response, the officer was not there. JP instructed me to go outside the courtroom because he must have just stepped out and see if I can find him and if not, come back so they can page him. I went out, looked for him, and did not find him, so I returned to the court room.
When I came in and sat down, the JP saw me and told me to come up. She assured me that I had no reason to overturn my conviction. I asked him the officer was present during my trial, which frustrated them, and they avoided the question, and another officer came up to escort me (?? I was very polite, no sign of aggression at all).
My question is, do I have grounds for appeal? Could it be seen as the JP erring in fact (i.e. that officer/evidence was there, when he/it was not)? Also, JP and crown essentially lied to me that he was (granted, they presumably did so on the basis of their own belief that he actually was).
So what you're saying is that the officer was there moments before your trial but stepped out of the court room and you're not sure where exactly he was when your case was up? I don't think that's grounds for an appeal. The officer doesn't have to be present in the court room. He only has to be available to give evidence and because he was there it sounds like he was. If he stepped out into the hall or to the bathroom or outside for a smoke, he's still available. Even if he doesn't hear the page initially, it doesn't mean he's not available to give evidence if needed, especially if he was just there.
So what you're saying is that the officer was there moments before your trial but stepped out of the court room and you're not sure where exactly he was when your case was up? I don't think that's grounds for an appeal. The officer doesn't have to be present in the court room. He only has to be available to give evidence and because he was there it sounds like he was. If he stepped out into the hall or to the bathroom or outside for a smoke, he's still available. Even if he doesn't hear the page initially, it doesn't mean he's not available to give evidence if needed, especially if he was just there.
Thank you for your response. The officer packed up and left immediately after the matter that came up right before mine, so he was not there and did not just walk out. What I am getting at is, if the officer was not there and I knew that (which I was led to believe incorrectly that he was because of the crown and JP), I would have continued with trial, they would have called the officer, and he would not have responded, so my charges would have been withdrawn. Also, another thing I noticed is that when everyone else was pleading guilty, the JP asked everyone "do you understand the consequences of pleading guilty" before she would render her decision and give a fine. She neglected to ask me this question, so I was wondering if there is any requirement that a defendant understands the consequences of pleading guilty causing the JP to ask everyone this question, and considering she did not, perhaps there is a case to be made that I did not, or in any case, that the JP did not follow the process properly? Thanks for your help.
Thank you for your response.
The officer packed up and left immediately after the matter that came up right before mine, so he was not there and did not just walk out. What I am getting at is, if the officer was not there and I knew that (which I was led to believe incorrectly that he was because of the crown and JP), I would have continued with trial, they would have called the officer, and he would not have responded, so my charges would have been withdrawn.
Also, another thing I noticed is that when everyone else was pleading guilty, the JP asked everyone "do you understand the consequences of pleading guilty" before she would render her decision and give a fine. She neglected to ask me this question, so I was wondering if there is any requirement that a defendant understands the consequences of pleading guilty causing the JP to ask everyone this question, and considering she did not, perhaps there is a case to be made that I did not, or in any case, that the JP did not follow the process properly?
Unfortunately, I think you don't have grounds for an appeal. It's hindsight, but before pleading to anything, you should have confirmed that the officer was present, ie "I want to ask the officer a question before pleading." Not technically 100% accurate court procedure, but it would've achieved the aim of the exercise. Once you pled guilty, the damage was done. You were not convicted in error by the JP; you pled guilty. You can try getting it re-opened, but I'm not confident it will work. You could also try talking to a paralegal, but if they turn you away almost immediately, I'd just move on. As for not asking you if you understood the consequences, well, that's a minor issue. You could try to raise it, but I don't think it's enough to get it re-opened or appealed.
Unfortunately, I think you don't have grounds for an appeal. It's hindsight, but before pleading to anything, you should have confirmed that the officer was present, ie "I want to ask the officer a question before pleading." Not technically 100% accurate court procedure, but it would've achieved the aim of the exercise. Once you pled guilty, the damage was done. You were not convicted in error by the JP; you pled guilty. You can try getting it re-opened, but I'm not confident it will work. You could also try talking to a paralegal, but if they turn you away almost immediately, I'd just move on.
As for not asking you if you understood the consequences, well, that's a minor issue. You could try to raise it, but I don't think it's enough to get it re-opened or appealed.
* 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
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
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…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
